It's rush hour in Albuquerque when a vehicle suddenly slams into the back of your car. In the moments after the rear-end crash, you may be left with pain, confusion, and concerns about how the accident will impact your life.
The experienced car accident attorneys at Keller & Keller understand the physical, emotional, and financial challenges of serious rear-end collisions. We're here to help you understand your legal rights, determine who was at fault, and fight for the compensation you deserve.
Injuries Commonly Seen in Rear-End Crashes
Even low-speed rear-end collisions can inflict serious harm on vehicle occupants. Common rear-end crash injuries include:
- Whiplash and neck sprains
- Traumatic brain injuries, including concussions
- Facial lacerations from broken glass
- Broken bones, especially in the hands, arms, feet, or legs
- Back and spinal cord injuries
- Seat belt injuries to the chest and abdomen
- Airbag injuries, such as burns, bruises, and hearing damage
Some of these injuries may have delayed symptoms, so see a doctor after a rear-end crash. Prompt medical care protects your health and documents the link between the collision and your injuries.
When Is the Rear Driver Considered At Fault?
In most rear-end collisions, the rear driver bears responsibility for the crash. This is because all drivers have a duty to follow at a safe distance and remain alert to changing traffic conditions.
Common examples of rear driver negligence include:
- Distracted driving. The rear driver was texting, adjusting the radio, eating, or engaged in other activities that took their focus off the road.
- Speeding. Driving too fast for conditions makes it difficult to stop in time to avoid a crash, especially in heavy traffic or bad weather.
- Tailgating. Following too closely is a top cause of rear-end accidents. Drivers should maintain at least a three-second gap between vehicles.
- Drunk or drugged driving. Intoxicated drivers have impaired judgment and slower reaction times, increasing rear-end crash risks.
- Fatigued driving. Drowsy drivers are inattentive and slow to respond, much like drunk drivers. Driver fatigue is a serious problem.
Situations Where the Lead Driver May Share Fault
While the rear driver is presumed at fault in most cases, there are some exceptions where the lead driver may be fully or partially liable:
- Cutting off another vehicle. If the lead driver suddenly changes lanes without adequate space and has to brake hard, they may bear some responsibility.
- Broken brake lights. Lead drivers must maintain their vehicles, including ensuring brake lights function to signal stops to others.
- Unexpected reversal. If the lead driver suddenly puts their vehicle in reverse at a light or in traffic, they may be liable for a resulting rear-end crash.
- Road rage or reckless driving. Lead drivers who slam on their brakes to "brake check" another vehicle may be considered at fault.
- Drunk or distracted lead drivers. If the lead driver is intoxicated or driving with distractions, their erratic behavior may contribute to a rear-end crash.
How New Mexico's Comparative Fault Law Affects Your Case
New Mexico follows a pure comparative fault rule in car accident cases. Under this law, each party is assigned a percentage of fault for the collision. Then, their compensation is reduced by that amount. For example, if you are found to be 20 percent at fault for a rear-end crash, your damages would be reduced by 20 percent.
Insurance companies often try to shift blame to the injured party to reduce their payout. However, even if you are found partially at fault, you can still recover compensation if your percentage of fault is less than 100%. An experienced Albuquerque car accident lawyer can help gather evidence to show the other driver's negligence and fight attempts to pin blame on you unfairly.
How an Albuquerque Car Accident Attorney Can Help
The skilled legal team at Keller & Keller knows how to investigate Albuquerque rear-end crashes, gather evidence, and build strong cases for maximum compensation. We can help you by:
- Ensuring you get appropriate medical care for your injuries
- Identifying all potential sources of recovery, including your own uninsured/underinsured motorist coverage
- Communicating with the insurer and protecting you from tactics meant to devalue your claim
- Consulting experts to show the cause of the crash and the extent of your injuries and losses
- Negotiating aggressively for a favorable settlement or taking your case to trial if needed
After a rear-end crash disrupts your life, you need an experienced Albuquerque car accident lawyer to protect your rights. The team at Keller & Keller is here to help you understand your options and the value of your claim.
