Albuquerque Car Accident Lawyer

Car accidents are, unfortunately, a common risk associated with driving on public roads. If you or a loved one have been in a car accident, then you know firsthand that they can be stressful and have devastating impacts on your overall health and well-being. The impact can cause serious personal injuries, inflict costly damages on personal property, and leave accident victims with a pile of bills.

If you or a loved one have been involved in an auto collision in Albuquerque, it is best to get in touch with an Albuquerque car accident attorney at Davis Kelin Law Firm right away to explore your options. We understand that car accident claims can be complex, and we are dedicated to helping our clients get the most possible compensation. Contact Davis Kelin today to get started with a free consultation.

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Why Choose An Albuquerque Car Accident Attorney From Davis Kelin?

Our team has more than 50 years of combined experience and success handling injury cases and representing accident victims.
We will fight for your rights and seek maximum compensation on your behalf.
Our Albuquerque car accident attorney is committed to providing the highest level of client service, keeping you informed throughout the process, and addressing any questions or concerns you may have.

Learn What Makes Us Some of the Top Lawyers in New Mexico

Recognized by U.S. News and World Report, Super Lawyers, and Best Lawyers

We are not a high-volume firm, and we only take on cases that we are willing to take to trial. This means that we can focus on giving each client the time and attention they deserve. Albuquerque personal injury attorneys Ben Davis and Zackeree Kelin take pride in the personalized attention they provide for each client. Our team is committed to seeking justice for those who have been injured.

“I really did have the best experience with Davis Kelin Law Firm. They were very consistent with keeping me informed on where they were at with my case. I appreciate all the calls back when I had questions.”

★ ★ ★ ★ ★

– Dominique N. Via Google Reviews

Our Results Speak for Themselves

Verdict: After representing an artist based in Pueblo for his car crash, a Bernalillo judge rewarded a verdict that was over 5 times the insurance company’s best settlement offer.

Meet Our Attorneys

Ben Davis and Zackeree S. Kelin, founding partners of Davis Kelin Law Firm, bring a wealth of experience and dedication to their practice. Ben’s transition from corporate defense to championing the rights of everyday people, alongside Zackeree’s expertise in poverty law and civil rights, reflects their commitment to justice. Their combined efforts have resulted in groundbreaking verdicts, including the largest jury award for an insurance bad faith case in New Mexico’s history. Together, they lead Davis Kelin in shaping the legal landscape and advocating for those who have suffered injury or injustice.

Albuquerque Car Accident Lawyer Resources

Why Choose Our Albuquerque Car Accident Attorney?
How Much is an Albuquerque Car Accident Claim Worth?
How an Albuquerque Car Accident Lawyer Can Help
Determining Fault in an Albuquerque Car Accident
How Long Do I Have to File a Claim After a Car Accident?
How Much Does an Albuquerque Car Accident Attorney Cost?
Common Causes and Types of Car Accidents in Albuquerque, New Mexico
Injuries Caused in Car Accidents
What to Do After an Albuquerque Car Accident
Albuquerque Car Insurance Requirements
New Mexico’s Mandatory Financial Responsibility Act
Frequently Asked Questions
Let an Albuquerque Car Accident Lawyer at Davis Kelin Law Firm Handle Your Claim

How Much is an Albuquerque Car Accident Claim Worth?

Every car accident is different, the facts surrounding your unique situation determine what damages are available to you after your accident. Depending on the cause of the auto accident, the extent of your injuries, and the property damage involved, you may be eligible for economic, non-economic, and in some cases, punitive damages. Your Albuquerque car accident attorney can help you value your claim.

Economic Damages

Economic damages are damages that have a direct monetary value. Examples of economic damages from an auto accident include medical bills, lost wages, property damage, and lost earning capacity.

Non-Economic Damages

Non-economic damages do not have an explicit monetary value but are valuable nonetheless. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, and loss of consortium.

Punitive Damages

In New Mexico, punitive damages are not awarded in every case, rather they are only awarded when the defendant’s actions are deemed reckless and intentional. Punitive damages are intended to punish the wrong-doer and serve as a warning to others to not act in a similar manner.

How an Albuquerque Car Accident Lawyer Can Help

Here are some ways in which a car accident lawyer from Davis Kelin Law Firm can help you:

Legal Advice and Guidance

A car accident lawyer can explain your rights and legal options following an accident. In addition, they can provide guidance on how to proceed, what steps to take, and what to expect during the claims process.

Investigation and Evidence Gathering

An Albuquerque auto accident lawyer has the resources to conduct a thorough investigation of the collision to gather evidence that supports your claim. This may involve, for example, reviewing accident reports, obtaining witness statements, surveillance footage, analyzing photographs or videos, and consulting with accident reconstruction experts if necessary.

Determining Liability

One of the crucial aspects of a car accident case is establishing who is at fault. Our car accident attorneys can assess the circumstances of the accident to determine who can be held responsible.

Compensation Assessment

A car accident attorney can evaluate the full extent of your damages and losses. They will consider factors such as medical expenses, lost wages, property damage, pain and suffering, and future rehabilitation needs to come up with an estimate of your case’s worth.

Insurance Negotiations

Dealing with insurance companies can be challenging, as they often try to minimize their payout. A car accident lawyer can handle all communications and negotiations on your behalf, ensuring that your rights are protected and you receive fair compensation from an insurance company.

Filing a Lawsuit

If a fair settlement cannot be reached through negotiations, a car accident lawyer can file a lawsuit on your behalf. They will handle all legal aspects, including drafting and filing legal documents, representing you in court, and advocating for your best interests.

Determining Fault in an Albuquerque Car Accident

Determining who is at fault for your car accident is an important first step to seeking compensation for the damages. In order to hold another driver liable, your car accident attorney will need to first prove they were acting negligently, which means they did not act as any reasonable person would in that same situation. If a driver fails to act responsibly or take reasonable steps to prevent harming others, then they may be held liable for the injuries and damages they caused.

In order to prove someone was acting negligently in an auto accident, victims will need to prove the four following elements:

Duty– each driver has the obligation to follow the rules of the road and drive safely
Breach of duty– a driver failed to adhere to their obligation of driving safely and acted negligently by speeding or driving recklessly, for example
Causation– this breach of duty caused the accident
Damages– you suffered physical, emotional injuries, or property damage due to the accident caused by the negligent driver

Once you have established negligence, your Albuquerque car accident attorney will be able to begin building your case. Because New Mexico is a pure comparative negligence state, your damages may be reduced if you are found to be partially responsible for the accident. For example, if you are in an accident that causes you $10,000 in damages, and you are found to be 10% at fault, the amount you receive will be reduced by your percentage of fault, so you will receive $9,000 in damages.

How Long Do I Have to File a Claim After a Car Accident?

It is best to file your claim as soon as possible after a car accident. New Mexico law outlines that accident victims have in most cases three years from the date of the accident to file a claim. This is known as the statute of limitations. However, the allotted timeframe may vary depending on the circumstances of your accident. For example, if you are filing a claim against a government entity, you will need to file a claim notice within 90 days of the accident and will have only two years from the date of the accident to file a claim.

Because the statute of limitations can vary depending on the details of the accident, it is best for accident victims to speak with an experienced car accident attorney right away. The sooner you get started, the easier it is for your lawyer to gather evidence and contact witnesses to help strengthen your case.

How Much Does an Albuquerque Car Accident Attorney Cost?

Many Albuquerque car accident lawyers work on a contingency fee basis. Under a contingency fee agreement, the lawyer’s fee is contingent upon successfully recovering compensation for the client. In other words, the lawyer only receives payment if they win the case and secure a settlement or court award on your behalf. This can be beneficial for individuals who may not have the financial resources to pay fees for an attorney’s services upfront.

Instead of an hourly rate, the lawyer’s fee is typically a percentage of the total amount recovered, often ranging from 33% to 40% of the settlement or award. If your lawyer does not win your case, you do not have to pay attorney fees.

Common Causes and Types of Car Accidents in Albuquerque, New Mexico

Car accidents can be caused by many different situations, and the cause of the accident can also play a role in what type of accident occurs. Below we will explore some of the most common causes and types of auto accidents.

Common types of car accidents that occur may include:

Rear-end collisions
Head-on collisions
Intersection accidents
Side-impact collisions

These types of auto accidents may be caused by:

Distracted Driving

When a driver does not dedicate their full, undivided attention to the road while driving, they run the risk of causing an accident. Drivers can be distracted by eating or drinking, talking or texting on their phone, or talking with a passenger. While distracted behind the wheel they may fail to notice important changes in traffic or traffic signals, not stop in time pedestrian or other car, or swerve out of their lane.

Speeding

When drivers speed, they may not have enough time to react to situations that can occur abruptly and may cause accidents in traffic, or lose control of their vehicle and cause a collision.

Impaired Driving

Driving under the influence of drugs or alcohol can cause devastating accidents. When a driver is operating a vehicle under the influence, they may have slower reaction times, be unable to stay safely in their lane or fail to stop in time, leading to severe and often fatal crashes.

Poor Road Conditions

Roadways that are in poor condition may also contribute to the cause of accidents. Large potholes or debris in the road may cause drivers to swerve, and inadvertently cause an accident.

Injuries Caused in Car Accidents

Car accidents can cause a variety of injuries, ranging from minor to severe. The most common personal injuries caused by car accidents include:

Soft tissue injuries
Traumatic brain injuries (TBIs)
Cuts and scrapes
Fractures
Whiplash
Neck injuries
Spinal cord injuries
Nerve damage
Burn injuries
Paralysis
Wrongful death

What to Do After an Albuquerque Car Accident

The aftermath of a car accident can be chaotic and overwhelming. Try to remain calm and keep in mind the following steps that can be taken to protect your rights and claim for compensation:

Stay at the scene: Leaving the scene of an accident, especially if there are injuries or property damage, can have legal consequences in New Mexico.
Notify the police: If you or anyone involved in the auto accident requires immediate medical attention, call 911. If not, still report the accident to the police. They can document the incident and create an official report, which can be useful for insurance purposes.
Exchange information: Exchange information such as names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details.
Document the accident: Take photos or videos of the accident scene, including the damage to all vehicles, any other property damage, and your injuries.
Gather witness information: If there are witnesses present, try to obtain their contact information. Their statements may be valuable in case there are disputes about fault later on.
Seek medical attention: Even if you don’t believe you’ve been seriously injured, see a doctor as soon as you leave the scene. Some injuries may not be immediately apparent, and medical records are critical for insurance purposes.
Notify your insurance company: Report the accident to your insurance company.

Consult with an attorney: An Albuquerque car accident lawyer can guide you through the claims process, protect your rights, and ensure you recover fair compensation.

Albuquerque Car Insurance Requirements

In Albuquerque, New Mexico, drivers are required to have evidence of financial responsibility, such as carrying auto insurance that meets the state’s minimum coverage requirements, which are as follows:

Liability Coverage

$25,000 bodily injury per person
$50,000 bodily injury per accident
$10,000 property damage per accident
Uninsured motorist bodily injury: Minimum of $25,000 per person and $50,000 per accident
Uninsured motorist property damage: Minimum of $10,000 per accident

Uninsured motorist coverage can protect you in accidents involving drivers without auto insurance, but this coverage can be rejected in writing. Liability coverage, on the other hand, is intended to pay for injuries and property damage suffered by others in an accident for which you are found responsible. It is worth noting that these are the legally mandated minimums, and it is generally recommended to purchase additional coverage to better safeguard yourself financially.

New Mexico’s Mandatory Financial Responsibility Act

New Mexico’s Mandatory Financial Responsibility Act mandates that drivers must demonstrate financial responsibility in case they are involved in an auto accident. There are three ways to meet the financial responsibility requirements:

Liability Insurance
Cash or Securities Deposit: Drivers can deposit cash or securities with the New Mexico State Treasurer instead of purchasing insurance. The deposit must meet or exceed the minimum amounts required for liability insurance coverage.
Self-Insurance: Certain individuals and businesses may qualify for self-insurance. To be eligible, you must prove to the New Mexico Taxation and Revenue Department that you have the financial capacity to pay for any damages or injuries resulting from an accident.

Failure to meet the financial responsibility requirements under this law can result in penalties, fines, suspension of your driver’s license, and other legal consequences.

Frequently Asked Questions

Will my case go to court?

Many car accident cases are settled outside of court through negotiation. However, if a fair settlement cannot be reached, we are prepared to take your case to court and advocate for your rights before a judge and jury.

What if the insurance company offers me a settlement?

It’s advisable not to accept any settlement offers without consulting a personal injury lawyer first. Insurance companies may offer low settlements that do not fully cover your damages. Our team will evaluate the offer and negotiate for a fair amount on your behalf.

Can I still file a claim if I was a passenger in the accident?

Yes, passengers involved in car accidents have the right to file a claim against the at-fault driver’s insurance or their own insurance policy, depending on the circumstances. Our team will guide you through the process and protect your interests.

How do I get started with your Albuquerque car accident lawyer services?

To get started, simply reach out to us via phone or email to schedule a free consultation. We’ll discuss the details of your case, answer your questions, and provide you with expert legal guidance tailored to your situation.

Remember, every car accident case is unique. For personalized assistance, contact our experienced Albuquerque car accident lawyers today. Your rights and well-being are our top priorities.

Let an Albuquerque Car Accident Lawyer at Davis Kelin Law Firm Handle Your Claim

Our accident attorneys understand how important it is to find a law firm that can effectively handle your claim, and we are confident we can provide that help. At Davis Kelin Law Firm, we have over 50 years of combined legal experience. Our Albuquerque personal injury attorneys are committed to helping our clients get the most possible compensation for their injuries and will keep you in the loop every step of the way.

Davis Kelin Proudly Serves All of Albuquerque and Surrounding Areas

Including but not limited to: