If you were hurt by a drunk driver, the road ahead may feel heavy right now. The pain, the worry, the unanswered questions about how you are going to recover, physically and financially, can weigh on you every single day. But you do not have to carry that weight by yourself.
An Albuquerque drunk driving accident lawyer from Gauthier & Maier Law Firm is here to walk alongside you through this difficult time.
Our dedicated lawyers are here to listen to your story, answer your questions, and build a strong case that reflects the real harm you have suffered. Our entire legal team is committed to treating you with the care and respect you deserve while relentlessly pursuing the compensation you are owed.
Call us today at 505-226-0009 for a free consultation.
Table of contents
- Why Choose Gauthier & Maier as Your Drunk Driving Accident Law Firm?
- What Compensation Can You Pursue After a DWI Accident?
- The Difference Between a Criminal Case and a Civil Claim
- Holding All Responsible Parties Accountable
- Understanding New Mexico's Fault Laws and Your Rights
- Statute of Limitations: Do Not Wait Too Long
- FAQs Answered by Our Albuquerque Drunk Driving Accident Lawyers
- Let Us Fight for You. Contact Gauthier & Maier Today.
Why Choose Gauthier & Maier as Your Drunk Driving Accident Law Firm?
When you are dealing with injuries caused by someone who chose to get behind the wheel while intoxicated, you need a legal team that truly understands what you are going through and knows how to hold every responsible party accountable. Here is what sets us apart:
- Proven results that speak for themselves. We have recovered millions of dollars for our clients, including a $36,000,000 verdict. We do not back down from insurance companies or corporate defense teams.
- Former insurance defense attorneys on your side. Our lead personal injury attorneys, Chance Gauthier and Shane Maier, spent time working for the other side. That means we know the tactics insurers use to reduce or deny your claim, and we know how to counter them.
- We handle every detail so you can focus on healing. From investigating the crash to communicating with insurance adjusters and medical providers, we take the burden off your shoulders.
- Clear communication every step of the way. We believe you deserve to understand what is happening in your case. We keep you informed, answer your questions, and treat you like family, not a case number.
You have already been through enough. Let our Albuquerque drunk driving accident lawyers carry the weight of the legal process while you focus on getting better. Contact us today to schedule your free case review.
What Compensation Can You Pursue After a DWI Accident?
If you were injured by a drunk driver in Albuquerque or anywhere in New Mexico, you may be entitled to compensation for the full scope of harm you have suffered.
These cases often involve serious injuries like traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, and severe burns. The road to recovery can be long, expensive, and emotionally draining.
Compensation in a drunk driving accident case can include:
- Medical expenses: Emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, and any future medical treatment related to your injuries.
- Lost wages and earning capacity: If your injuries kept you from working or reduced your ability to earn a living going forward, you can seek compensation for that lost income.
- Pain and suffering: The physical pain, emotional distress, anxiety, depression, and overall loss of enjoyment of life caused by the accident.
- Property damage: Repair or replacement costs for your vehicle and personal belongings damaged in the crash.
- Punitive damages: In drunk driving cases specifically, courts may award punitive damages. These are designed to punish the at-fault party for especially reckless or egregious behavior, such as choosing to drive while heavily intoxicated. Punitive damages go beyond compensating you for your losses and serve as a deterrent against future misconduct.
- Wrongful death damages: If you lost a loved one to a drunk driving accident, your family may be able to pursue a wrongful death claim for funeral costs, loss of companionship, and more.
Every case is different, and the value of your claim depends on the specific facts and circumstances involved. Our DWI accident lawyers in Albuquerque are committed to pursuing the maximum compensation available for each client we serve.
The Difference Between a Criminal Case and a Civil Claim
One of the most common questions we hear from people injured by drunk drivers is about the relationship between criminal charges and a personal injury claim. It is important to understand that these are two entirely separate legal processes, and one does not replace the other.
Criminal Charges
The criminal case is brought by the state of New Mexico, not by you. Its purpose is to hold the drunk driver accountable to society through penalties like jail time, fines, mandatory alcohol treatment programs, license suspension, and ignition interlock requirements. While a criminal conviction can validate what happened to you, it does not put money in your pocket to cover your medical bills, lost income, or pain and suffering.
Personal Injury Case
A civil personal injury claim is your case. You bring it against the drunk driver and any other responsible parties to recover financial compensation for the harm you have suffered. The burden of proof is also different. In a criminal case, the state must prove guilt "beyond a reasonable doubt."
In a civil case, you only need to show that it is "more likely than not" that the other party's negligence caused your injuries. This is a lower standard, which means that even if criminal charges are reduced or dropped entirely, you can still pursue and win a civil claim.
Drunk Driving Criminal Case Timeline vs. Civil Claim Timeline
Here is another key distinction: the criminal process moves on its own timeline and is controlled by the prosecutor's office. Your civil claim is controlled by you and your attorney. We do not have to wait for the criminal case to conclude before getting started on your injury claim. In fact, evidence gathered during the criminal investigation, such as BAC test results, police reports, and witness statements, can help collect evidence after a drunk driving accident and strengthen your civil case.
The bottom line is that a criminal conviction does not automatically result in compensation for you, and a lack of criminal charges does not prevent you from seeking justice through a civil claim. Both paths exist for important but different reasons, and you deserve to take full advantage of your right to pursue compensation.
Holding All Responsible Parties Accountable
One of the most important things to understand about drunk driving accident cases in New Mexico is that the impaired driver may not be the only party who can be held responsible.
New Mexico's Liquor Liability Act, found under NMSA § 41-11-1, is sometimes called a "dram shop" law. It allows injured individuals to hold a bar, restaurant, or other licensed alcohol vendor liable if that establishment served alcohol to someone who was already visibly intoxicated, and that person then caused an accident.
For liability to apply, the person's intoxication must have been "reasonably apparent" to the server, or the establishment must have had knowledge that the patron was intoxicated.
Social hosts can also be held responsible under certain circumstances. If a private host served alcohol recklessly and in disregard for the safety of others, and the intoxicated guest went on to cause a crash, the host may share liability.
This means your claim could potentially involve:
- The drunk driver
- A bar, restaurant, or nightclub that overserved them
- A social host who provided alcohol irresponsibly
- An employer, if the driver was on the job at the time of the crash
Identifying every liable party is critical to maximizing your recovery. Our team investigates each case thoroughly to make sure no one escapes accountability.
Understanding New Mexico's Fault Laws and Your Rights
New Mexico follows a "pure comparative negligence" system under NMSA § 41-3A-1. In plain language, this means that even if you are found partially at fault for the accident, you can still recover compensation. Your total award is simply reduced by the percentage of fault assigned to you.
For example, if a jury determines your total damages are $200,000 but you were 10% at fault, you would still receive $180,000. Unlike some states that bar recovery once you hit a certain fault threshold, New Mexico allows you to recover even if you are assigned a majority share of fault. This law exists to protect injury victims like you.
Insurance companies often try to shift blame onto the injured person to reduce what they have to pay. Having an experienced drunk driving accident lawyer on your side makes a real difference in pushing back against those tactics and protecting the full value of your claim.
Statute of Limitations: Do Not Wait Too Long
Under NMSA § 37-1-8, you generally have three years from the date of the accident to file a personal injury lawsuit in New Mexico. While three years may sound like a long time, evidence can disappear, witnesses' memories can fade, and the insurance company is already building their case from day one.
If your claim involves a government entity, such as a city or state vehicle, the timeline is even shorter. In those cases, you may have as little as 90 days to file a notice of claim and just two years to file the lawsuit.
The bottom line: do not wait. The sooner you reach out to our drunk driving accident attorney, the stronger your case will be.
FAQs Answered by Our Albuquerque Drunk Driving Accident Lawyers
Here are some common questions we hear from people who have been hurt in drunk driving crashes.
Can I file a civil lawsuit even if the drunk driver is facing criminal charges?
Yes. A criminal case and a civil personal injury case are two separate legal proceedings. The criminal case is brought by the state and focuses on punishment. Your civil case focuses on getting you compensation for your injuries and losses. One does not depend on the outcome of the other.
What if the drunk driver did not have insurance?
You may still have options. Your own uninsured/underinsured motorist (UM/UIM) coverage could apply. There may also be other liable parties, such as an establishment that overserved the driver. We can review your situation and identify every possible path to recovery.
How long does a drunk driving accident case typically take to resolve?
Every case is unique. Some cases settle within a few months, while others may take a year or longer, especially if the injuries are severe or liability is disputed. We work efficiently while making sure we do not accept a settlement that undervalues your claim.
What if the drunk driver's BAC was below the legal limit?
A driver does not have to be over the legal limit of 0.08% to be considered negligent. If alcohol impaired their ability to drive safely and that impairment caused your accident, you may still have a valid claim.
Can I still recover compensation if I was a passenger in the drunk driver's vehicle?
Absolutely. Passengers have every right to file a claim for their injuries, regardless of which vehicle they were riding in. You can pursue a claim against the driver of the vehicle you were in, the driver of another vehicle, or any other responsible party.
What types of evidence are most helpful in a drunk driving accident case?
Police reports, BAC test results, toxicology reports, witness statements, surveillance camera footage, and medical records are all valuable. We handle the investigation process and work to gather every piece of evidence that supports your case.
Let Us Fight for You. Contact Gauthier & Maier Today.
You should not have to pay the price for someone else's reckless decision to drink and drive. At Gauthier & Maier Law Firm, we have the experience, the resources, and the determination to pursue the justice and compensation you deserve. Whether you were hurt on I-40, near Nob Hill, along Rio Grande Boulevard, or anywhere across Albuquerque and New Mexico, we are here for you.
Call us at 505-226-0009 or reach out online for your free, no-obligation consultation. There are no upfront costs, and you pay nothing unless we recover compensation on your behalf. Let us get to work for you.