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July 19, 2023

Why carry Uninsured/Underinsured Coverage on your car in Southern New Mexico?

If the at-fault driver has no liability insurance, you can only recover monetary compensation for your injuries unless you have Uninsured/Underinsurance Motorist Coverage.  Drivers who do not have the required liability insurance are Uninsured motorists.  Drivers who do not carry sufficient liability insurance coverage are Underinsured motorists.

Check your auto insurance policy for sufficient Uninsured/Underinsured coverage.

What are the causes of pedestrian accidents in Southern New Mexico?

  • Under the influence of alcohol and drugs
  • Failure to yield the right of way
  • Running into road
  • Working or playing in the roadway
  • Poor visibility

What to do if you are in a pedestrian accident?

  • Call the police
  • Take pictures of the accident scene
  • Report the accident to your insurance company
  • Determine if witnesses saw the accident

Uninsured/Underinsured Motorist Coverage in New Mexico

New Mexico requires insurance companies to offer their customers Uninsured/Underinsured Motorist Coverage known as UM/UIM.  Since there are so many New Mexico drivers who are insured, insurance companies must offer policyholders minimum Uninsured Motorist coverage along with minimum liability insurance. 

This policy should include at least $25,000 for Bodily Injury per person, up to $50,000 per accident, and $10,000 in Uninsured Motorist Property Damage must also be offered.  If the at-fault driver does not have any liability insurance, your own UM/UIM would then be provided.

 You can also stack UM policies in New Mexico.  This allows a policyholder to combine the policy’s limits for each vehicle.  As of 2021, insurance companies must also adequately disclose the limitations of minimum Uninsured Motorist coverage New Mexico companies offer.  Otherwise, they cannot charge policyholders a premium for it. Underinsurance coverage kicks in when the at-fault party does not have sufficient liability coverage to pay your damages. 

If you reject the coverage, you will not have any protection for your damages.  New Mexico recognizes how important UM/UIM coverage is and therefore makes it very difficult for insurance companies to permit the rejection of UM/UIM coverage. 

Bicycling Accidents in Southern New Mexico

In the United States, New Mexico has the second-highest number of bicycling fatalities.

Millions of people ride bicycles in New Mexico.  1,700 cyclists were treated for injuries suffered while riding bicycles in 2013. 

Common causes for bicycle accidents are as follows:

  • Failure to yield
  • Unsafe lane change
  • Running red light
  • Speeding
  • Distracted riding
  • Turning without looking

Bicycle and auto collisions are one of the most common causes of accidents. Unfortunately, these accidents result in serious injuries.  Most bicycle accidents occur because of falls or collisions with automobiles.  138 cyclists died from accidents involving automobiles in the year 2017.  Understanding the most common causes of bicycle accidents helps us to determine if road safety precautions are sufficient to protect bicyclists while on the road. 

Automobiles and Bicyclists are allowed to share the same road.

A motorist must treat a bicyclist with the same safety precautions and respect as they would treat any other motorist.  The law allows bicyclists to take up the entire width of one lane.  Bicyclists must keep up with the traffic as the law requires.  Some roads do not contain bicycle lanes.  Bicyclists in this case only have the option of staying as far to the right as possible.  Reflectors and lights enable bicyclists to take extra precautions to increase their visibility on the road. 

Bicycle Accident Injury Stats

When a cyclist has an accident, there are various reasons.  Bicyclists may contribute to their accidents by the following common causes type of bicycle injuries.  Accident injuries can include severe trauma to different parts of the body:

  • Head
  • Face/eye
  • Musculoskeletal system
  • Abdomen
  • Chest
  • Skin
  • Soft tissue

If you’ve been involved in a bicycle accident, consider legal representation.  I, as your personal attorney, can assist you in the litigation process with insurance companies.  I work on a contingency fee basis, so I never collect unless I secure a financial recovery for you.  Call me at 575-525-3123 for a Free Consultation so we can discuss your legal options in the event of a bicycle accident. 

Pedestrian Accidents in New Mexico

New Mexico has the highest rate of pedestrian deaths in the country in four of the five years 2014 to 2018.  The 2018 state rate of 3.96 fatalities per 100,000 population was more than twice as much as the national rate of 1.92. 

Approximately 20% of pedestrians in crashes were alcohol involved.  For injuries in hit-and-run crashes, there has been a gradual increase in both the number and the rate of pedestrians in hit-and-run crashes. 

Environmental conditions and lighting conditions play a tremendous role in the severity of pedestrian accidents. 

Auto-Pedestrian Accidents Liability

In certain situations, the pedestrian can be considered partially at fault for the accident.  In New Mexico, liability is based on a system of comparative fault.  All parties involved in the accident are responsible for damages according to the percentage of fault for the accident. If the pedestrian is considered partially at fault, the amount of compensation might be affected. 

Medical Malpractice

It is very beneficial to have a medical doctor review the medical records to assess the care given to a patient and to determine whether or not there was a deviation from the standard of care. 

Threshold of Damages

It’s good to have a threshold of damages because it tells you whether or not the case is worth pursuing as a practical matter.  If the threshold of damages is high enough, then it is worthwhile to pursue the case and incur the costs.  But if the threshold of damages is too low, then it is not worthwhile to pursue the case. 

I am a Southern New Mexico Personal Injury Attorney with 35 years of experience, representing those who have been injured in Southern New Mexico.  My whole law practice is dedicated to Personal Injury claims.  I have helped many people in Southern New Mexico who had had car accidents involving Uninsured and Underinsured at-fault drivers.

Disclaimer: The content presented on this Website is intended solely for informational purposes and does not constitute legal counsel on any topic. It should be noted that the material on this Website might not encapsulate the most recent legal advancements, judgments, or agreements. The Firm categorically renounces any responsibility for consequences resulting from or related to reliance on, or actions or inactions taken in accordance with, the entirety of the information provided by this Website.
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