A collision involving a law enforcement vehicle raises questions about the officer’s driving, the circumstances of the response, and the rules governing claims against public agencies. Keller & Keller Injury Lawyers represented a passenger seriously injured during a pursuit-related collision in Alamogordo.
A Keller & Keller Case in Alamogordo
In August 2022, our client was a passenger in a vehicle driven by her spouse near U.S. Highway 54 and 10th Street. During a police pursuit on Highway 54, a Game and Fish officer traveling at more than 90 miles per hour struck their vehicle.
Case highlights:
- Location: U.S. Highway 54 and 10th Street, Alamogordo.
- Circumstances: A pursuit-related collision involving a Game and Fish officer.
- Injuries: Multiple broken bones, including neck and wrist fractures.
- Result: Keller & Keller obtained a financial recovery for our client.
What Rules Apply to Emergency Vehicles?
New Mexico grants authorized emergency vehicles certain driving privileges, subject to conditions. Those privileges do not eliminate the duty to consider the safety of others. The law addresses speed, entering against traffic controls, and warning signals. NMSA 1978, § 66-7-6
An investigation may examine:
- Whether the vehicle qualified for emergency-driving privileges.
- The officer’s speed and approach to the intersection.
- Whether required warnings were given.
- Visibility, surrounding traffic, and the vehicles’ paths.
- Whether the conduct contributed to the collision.
New Mexico’s Tort Claims Act also provides a waiver of immunity for certain injuries caused by public employees’ negligent operation of motor vehicles within the scope of their duties. Whether that provision applies depends on the facts. NMSA 1978, § 41-4-5
Checklist: Information to Preserve
- The crash-report number and responding agency.
- Photographs of the scene and vehicle damage.
- Witness names and contact information.
- Available dashcam or other video.
- Medical records, bills, and discharge instructions.
- Insurance and government-agency correspondence.
An attorney may also investigate dispatch recordings, pursuit reports, and vehicle data. Keller & Keller explains the potential role of electronic evidence in this article about vehicle data and crash investigations.
Why Prompt Review Matters
Claims against public bodies can involve notice requirements separate from the deadline to file a lawsuit. New Mexico generally requires notice within 90 days for covered injury claims, with exceptions and different provisions for wrongful death. NMSA 1978, § 41-4-16
If you were injured in a police-involved collision, contact Keller & Keller’s New Mexico team for a free consultation.
Past results do not guarantee future outcomes. Each case depends on its facts, applicable law, and available recovery sources.
