In a New Mexico construction zone accident where a driver strikes a highway worker, the investigation should examine the driver’s approach, the worker’s location, and the traffic controls in place.
Keller & Keller Injury Lawyers handled a fatal construction-zone case on U.S. Highway 550 in Sandoval County and recovered more than $1 million.
A Keller & Keller Case in Sandoval County
Our client was working on a construction crew on U.S. Highway 550 when a driver traveling at an unsafe speed through the construction zone struck him. The collision resulted in his death.
Case highlights:
- Location: U.S. Highway 550, Sandoval County.
- Client: A member of the highway construction crew.
- Circumstances: A driver traveling at an unsafe speed struck the worker.
- Recovery: More than $1 million.
No financial result can replace a person’s life. This recovery reflects the circumstances of one case.
What Driving Rules Apply in Construction Zones?
New Mexico requires speed control to avoid collisions and includes additional protections for workers in designated zones posted for double fines. The designation and posting requirements matter when applying those provisions. NMSA 1978, § 66-7-301(A)(5), (B)(1), and (B)(3)
Relevant questions include:
- What speed limit was posted?
- What advance warnings could the driver see?
- Where was the worker relative to moving traffic?
- How were lanes, barriers, and equipment arranged?
- Was the zone designated and posted for double fines?
Read more about the setting for these claims in Keller & Keller’s article on New Mexico construction-zone hazards.
Checklist: Evidence to Discuss With an Attorney
- Photographs showing signs, cones, barriers, and lane markings.
- The traffic-control plan and available project records.
- Witness names and statements.
- Police reports.
- Available video.
- Vehicle damage and inspection information.
- Evidence relevant to the driver’s speed and movement.
- Records identifying the work underway when the collision occurred.
These are potential sources of evidence, not a claim that every item was obtained in the U.S. 550 case.
Who Brings a Wrongful Death Action?
New Mexico law provides for wrongful death actions under specified circumstances, with the action brought by the deceased person’s personal representative. NMSA 1978, § 41-2-1; § 41-2-3
If a commercial vehicle was involved, our questions to ask a truck accident lawyer can help families prepare for a consultation.
Contact Keller & Keller’s New Mexico team for a free consultation following a construction-zone injury or fatality.
Past results do not guarantee future outcomes. Each case depends on its facts, applicable law, and available recovery sources. This article provides general information, not legal advice.
