How to Prove Fault After an Albuquerque, NM Car Accident

July 11th, 2022 | by RON BELL

How to Prove Fault After an Albuquerque, NM Car Accident

When you’ve been in an Albuquerque car accident, there are several things that you should know. First, retaining experienced legal representation for your car accident claim is one of the best decisions you could make in determining the case’s outcome. Even in a minor car accident, injuries can show up long after the crash and hiring an experienced injury lawyer can help ensure that all of your bases are covered.

What Do You Need to Prove in a New Mexico Personal Injury Lawsuit?

Generally, claims or lawsuits resulting from car accidents are legally referred to as ‘torts’. Personal injury and tort are synonymous, and every legal claim must satisfy the basic elements of the claim.

This post is not meant to be a law school paper, but simply to help explain the situation. It helps to understand that after a car crash, you must prove liability or fault on the other driver’s part, AND you must prove damages.

A personal injury lawyer can absolutely help prove and document these basic elements of the insurance claim.

How Do I Prove Fault or Liability on the Other Driver?

Proving fault can sometimes be straightforward if there is clear liability; however, often it is not as simple as you would hope. If the other driver was issued criminal charges in the matter, as in the case of a DUI or other serious violations of traffic laws, then fault might be clear and well-preserved due to law enforcement involvement.

Police reports are useful tools to assess the claim but cannot legally determine fault. The police officer is just another witness in the claim. They cannot distinguish who caused the car accident, but they can what they saw and heard.

Can An Injury Lawyer Obtain Video Evidence Of My Car Accident?

In a situation with many witnesses, or video recordings of the incident, it may be very clear that the other driver is the at-fault driver. For instance, if someone ran a red light, struck your vehicle, and your friend happened to catch it all on video, then it may be quite easy to show who was at fault for the crash.

Real-life, however, often does not turn out to be quite that straight forward. Very frequently, there is no video evidence of the collision. If there happens to be video evidence, then it likely is not in possession of your best friend.

Typically, when car accidents are recorded on video, they are caught by a third-party business’ surveillance or even home surveillance, which is becoming more and more common with the emergence of doorbell cameras.

An experienced attorney can assess the accident location and determine if there are possible video records of the incident. Obtaining video records from businesses can sometimes be difficult, as the business is not required by law to let you view the material without a court order, such as a subpoena.

If There Is No Video Evidence After A Car Accident, What Else Can Be Used To Prove Fault?

Sometimes, in a vehicle accident, there simply isn’t video evidence, and no car accident lawyer can find that which does not exist. In that case, there are other ways of proving fault.

Witnesses and Witness Statements

All car accidents have witnesses. The driver of each car (yes, that’s you) is a witness and your observations matter; however, any testimony given by either driver will be considered a biased opinion. Each of you has a personal interest in not being at fault, so while your observations and opinions matter, the court will view them as somewhat self-serving.

This is not to discredit you or your story, as you should and will tell your side of the story; however, proving fault on your word alone may be difficult and/or not work. There are additional ways you can prove fault on the other driver for the collision.

Independent Witness Statements

Getting statements from independent witnesses can be crucial to proving that the other driver failed to operate their vehicle properly and was in fact, the cause of the vehicle accident.

Witness statements should be gathered as soon after the car accident as possible, while memories are still fresh. Over time, individuals’ abilities to recollect specific details usually worsens, so getting a written or recorded statement from witnesses early on is quite important.

A New Mexico car accident attorney can help identify, locate and document independent witness statements early on in the claim to ensure that the evidence to prove your claim does not disappear.

Accident Reconstructionist Expert Witnesses

In some cases, when liability is argued very contentiously, car crash attorneys may need to retain an Accident Reconstructionist Expert to document the cause of the collision in a written report.

An Accident Reconstructionist can use the other evidence that is available, such as photos, the actual vehicle, data collection sources in the vehicle, skid marks, and even weather reports to determine, from a trained-professional standard, the cause or likely cause of the car crash. They can also determine fault by the location of the damages after a car accident.

A personal injury attorney can help identify the need for an Accident Reconstructionist, as they are simply not required in all cases.

How Do I Prove Damages in My Car Accident Case?

The next element in personal injury cases is assessing damages. This is basically putting a dollar value on your losses. When attorneys talk about damages, they refer to literally everything negative that happened to you because of the car accident, whether that be your injuries, property damage, lost wages, and/or any other avoidable havoc that the accident caused you.

Proving Injuries After A Car Accident in Albuquerque, NM

Personal and physical injuries are the major damage that comes to mind when thinking about the aftermath of a car accident, but there are many more.

Proving Pain and Suffering After A Car Accident in Albuquerque, NM

Pain and suffering is often associated with injuries resulting from car collisions. Pain and suffering is also linked to medical treatment. Anyone who has had surgery knows it is painful and you do suffer.

These are things that your attorney can argue on your behalf. The attorney can help the insurance adjuster understand just how severe your injuries are and maximize your claim’s settlement value.

Proving Emotional and Psychological Damages After A Car Accident in Albuquerque, NM

Car crash victims also often suffer injuries that are not physically visible. Anxiety, post-traumatic stress disorder, and other emotional or psychological issues can arise after serious car crashes. Although not visible, they are very real and can be used by a car accident attorney to help increase the value of your claim.

Why Medical Treatment is Key In Supporting Your Car Accident Injury Case in Albuquerque, NM

Receiving treatment is crucial for each of these categories of injuries (physical, pain and suffering, and emotional or psychological damages).

Why? Well, first, receiving treatment for these issues and disorders can help you get healthy and well – physically, mentally, and emotionally. Second, ongoing treatment will help prove your damages to the insurance carrier or a jury.

A licensed health care professional’s systematic documentation of your physical, mental, and emotional health will create evidence that can prove you were injured and to what extent those injuries were. Frequently insurance adjusters will argue your injuries weren’t as serious as you claim if you don’t seek and continue your treatment.

Can I Be Compensated For Lost Wages After A Car Accident In New Mexico?

You can also be compensated for your lost wages if your car crash-related injuries cause you to miss time at work. You must prove that the crash caused the lost wages and that you actually would have earned the wages if you had not been injured.

Trying to prove lost wages in some situations, such as self-employment, can be quite challenging. At Ron Bell Injury Lawyers, our experienced legal team can help you properly document and prove what is necessary for your lost wage claim.

In addition to lost wages, if your injury is permanent, you could potentially recover compensation for your loss of earning capacity.

Can I Be Compensated For Property Damage After A Car Accident In New Mexico?

In an auto accident, one of the most obvious damages is the damage to your vehicle. You can receive compensation for your property damage to your vehicle and any valuables or other personal property damaged in the car wreck.

Can A Personal Injury Lawsuit After A Car Accident Cover My Medical Bills?

Medical bills are another damage that you can be compensated for in a car accident case. To recover from those expenses, you must prove that the medical bills were due to reasonable and necessary treatment that resulted from the collision. An experienced car accident attorney can help you do so.

How Do I Prove Damages After A Car Accident In Albuquerque, NM?

Proving ALL of your damages is crucial to receiving maximum compensation on your car accident claim. At Ron Bell Injury Lawyers, our experienced personal injury attorneys are ready to help you get what you deserve.

All damages must be proved to the appropriate legal standard to recover full compensation for each one At Ron Bell Injury Lawyers, we will work tirelessly to document your damages to get you the full financial recovery you deserve. If you’ve been injured in a car wreck, call us today at (505)898-BELL.

Do I Need a Car Accident Lawyer In Albuquerque, New Mexico?

After a car crash, your life is going to get complicated. Serious injuries can prevent you from working and earning money and will require thorough medical treatment that results in more medical bills.

Sorting through these circumstances, while trying to deal with the car insurance claim and the health insurance company, can alter and frustrate your everyday life quite a bit. Hiring a team of experienced personal injury lawyers will take a lot of the added stress off your shoulders.

Letting an experienced attorney take a lot of the technical stuff off your plate allows you to focus on what is most important – getting your health back.

We Are Ron Bell Injury Lawyers

At Ron Bell Injury Lawyers, we handle all different types of personal injury claims. In an Albuquerque accident, we know how to guide you through this unfortunate situation and help you get your life back on track.

We handle cases on a contingency fee basis, meaning we only get paid if you get paid. You will never owe us any money if we do not recover money for you. Furthermore, we offer a free consultation to every potential client. If you want to find out if you have a case, or what your case could potentially be worth, just give us a call – it’s free!

What We Can Do for You

Car accident victims will know they have a team of attorneys fighting for them when they hire us. We get to work on your case quickly and document the evidence to prove your claim. We can also help coordinate medical appointments and billing issues with the various providers and insurance carriers responsible for your medical expenses.

If the insurance company is giving you the runaround after your Albuquerque car accident, give us a call and put our experience to work for you!

The Attorney-Client Relationship

During your car wreck case, the attorney-client relationship can be crucial in reducing the stress associated with the process and maximizing your recovery.

You want a local attorney who can be there for you when needed. You want someone you can meet face to face and speak with, someone you can see has your best interests at heart.

Where We Are

We are Ron Bell Injury Lawyers. We are New Mexico injury lawyers, and we are conveniently located at 7309 Indian School Rd NE, Albuquerque, NM 87110. We are available 24/7. Our phone number is (505) 898-BELL. If you’ve been injured in a car wreck that wasn’t your fault, call us today for a free consultation.


Why Choose Ron Bell Injury Lawyers?

We Get Results!

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