You’re walking back to your car after shopping in Albuquerque when an SUV reverses out of a space and hits you. The driver says they checked the backup camera. You remember seeing the reverse lights just before impact. A store camera might show how long you were in the aisle before the driver started moving.
After an Albuquerque parking lot pedestrian accident, the timing and sight lines can help explain how the crash happened. Under New Mexico negligence law, fault generally turns on what a reasonably careful person would have done in the same circumstances. See the New Mexico Supreme Court’s comparative negligence jury instruction.
When can the driver be responsible?
A driver can be responsible if they failed to use reasonable care and that failure caused the pedestrian’s injuries. In a backing crash, that could mean reversing without checking the aisle, continuing to move after losing a clear view or backing too quickly to stop when someone walks behind the vehicle.
A backup camera can be part of the evidence about what the driver could see. The camera’s field of view, the position of neighboring vehicles and the angle of the parking space can all help explain whether the driver could reasonably have seen you or needed to pause before continuing.
What if the driver says you walked behind the car?
New Mexico uses comparative negligence. That means an injured person’s compensation can be reduced by their share of fault. If an insurer argues you stepped into the path of a moving vehicle, the timing matters. You may have already been walking through the aisle before the driver started backing. Video, witness accounts and photos can help clarify the sequence. See the New Mexico Supreme Court’s decision in Scott v. Rizzo.
For example, footage might show you pushing a cart behind the row of parked cars for several seconds before the SUV moved. Or it might show you stepping out from behind a tall vehicle after the SUV had already entered the aisle. Those two sequences raise different questions about what each person could see and when each person could react.
What evidence should you ask the store to save?
Start with the store or property manager and ask them to preserve video from the minutes before and after the crash. Give them the date, approximate time and exact parking row or entrance. Nearby stores or vehicles may have captured a second angle. An attorney can help identify who controls the footage and make a written preservation request.
If you can gather information safely, save:
- Photos from several angles showing the space, driving aisle, marked walkways and anything that may have blocked the view.
- The driver’s information including their name, license plate, insurance and vehicle make and model.
- Witness contact information and a note about where each witness was standing.
- A store incident report number, police report number if one was issued, and medical records connected to your injuries.
Your original photos and a store receipt can help narrow the time window if you are unsure exactly when the crash happened. Read more about pedestrian accident liability in New Mexico.
Does a private parking lot change the analysis?
The location can affect which traffic rules apply. New Mexico’s Motor Vehicle Code generally limits the relevant vehicle-operation provisions to highways unless a particular section specifies a different location. In a privately owned retail lot, an injury claim can still turn on whether the people involved used reasonable care under the circumstances. Preserve the lot layout, any posted signs and the exact place where the vehicle struck you. See NMSA 1978, § 66-7-2.
Talk to an Albuquerque pedestrian accident lawyer
If you were hit by a backing driver in an Albuquerque parking lot, Keller & Keller can help you understand your options and identify evidence about how the crash happened. Request a free case evaluation.
