What Are New Mexico's Pedestrian Laws?
Various laws and regulations are in place to protect pedestrian safety when on sidewalks, crosswalks, or near roadways. These laws outline the rights and responsibilities of all people traveling on foot.
Examples of pedestrian laws in New Mexico include the following:
- Both motorists and pedestrians share a certain amount of responsibility for each other's safety. Pedestrians must be aware of their surroundings and make themselves visible to drivers
- Pedestrians have the right of way in marked and unmarked crosswalks at intersections. Motor vehicles must always yield to pedestrians in these areas
- Jaywalking, crossing highways, and failure to yield to vehicles where there is no pedestrian crossing is prohibited and could result in legal consequences
- Special attention must be given in school zones and crossings, and usually, there will be lowered speed limits and increased caution to ensure the safety of children
- When crosswalks are available, pedestrians must use that crosswalk and obey the traffic signals and pedestrian control devices, such as the walk or do not walk signals. When there is no crosswalk available, pedestrians should yield to vehicles unless it is at an intersection or another crossing point
- Pedestrians are strongly encouraged to use sidewalks whenever possible. If there is no available sidewalk, pedestrians are asked to walk on the left side of the road, facing traffic
Pedestrian laws aim to promote safety and reduce the risk of pedestrian accidents. Failure to follow these laws could result in serious consequences, including severe injuries or citations.
What Are Common Causes of Nighttime Pedestrian Accidents in New Mexico?
When the sun sets, the roads generally become less crowded, making driving at night seem safer. However, numerous factors make nighttime accidents more catastrophic, sometimes even resulting in fatal injuries.
Common causes of nighttime car accidents and pedestrian incidents include the following:
- At night, there is a heightened risk of encountering animals crossing the road, which can result in accidents
- Drowsy driving and driver fatigue may be more apparent in the later hours of the day after people have already worked most of the day and are beginning to get tired
- In addition to limited lighting, windshield glare and particulates on the glass can obstruct a driver's vision at night, making pedestrians harder to see
- Reduced visibility due to driving at night
- Road conditions, such as potholes or uneven surfaces, may be more challenging to see at night
- The headlights of other vehicles, especially high beams, can temporarily blind drivers, causing disorientation and slow reactions
- There could be more impaired drivers on the roads, as some drivers may have ended their days and gone out for a drink or other substances
- Weather conditions such as heavy downpours or fog can further hinder the ability to navigate the road safely and see pedestrians
- When there are fewer motorists on the roads, drivers may let their guards down and succumb to distracted driving, such as texting while driving, or ignoring signals, such as running red lights
- With fewer vehicles on the road at night, some drivers may be tempted to exceed speed limits. Speeding is one of the most common causes of fatal pedestrian accidents
Pedestrians may also be to blame for auto accidents, such as jaywalking, ignoring traffic signals, wearing dark clothing at night, failing to use crosswalks, distracted walking, or walking under the influence of alcohol or drugs.
What Are Common Pedestrian Accident Injuries?
Common pedestrian accident injuries include the following:
- Back and neck injuries
- Broken bones and fractures
- Concussions
- Crushing injuries
- Cuts, lacerations, and heavy bruising
- Facial disfigurement
- Hearing loss or loss of sight
- Internal bleeding and organ damage
- Knee and ankle injuries
- Loss of limbs
- Nerve damage
- Road rash and severe abrasions
- Soft tissue injuries, such as muscle strains and sprains
- Spinal cord injuries, which can sometimes result in paralysis
- Traumatic brain injuries
- Wrongful death
Whatever your type of injury, be it severe or minor, you deserve the right to pursue compensation and seek justice from the at-fault parties. Contact our law firm for legal assistance.
How is Fault Determined in a Pedestrian Accident?
One of the most complicated aspects of pedestrian accident cases is proving liability. Insurance companies and lawyers for the defense will try to argue that the pedestrian was partially at fault for a nighttime accident. They may claim that the pedestrian was wearing dark clothing, not using a marked crosswalk, or was distracted while walking along or within the road. New Mexico follows a pure comparative negligence understanding of personal injury law, meaning that pedestrian accident victims could be held partially responsible for causing the accident, which would reduce the amount of compensation they stand to recover.
Gathering evidence, seeking eyewitness statements, obtaining video footage, and seeking the testimonies of accident reconstruction experts can be complex and time-sensitive -- this can be difficult, especially when accident victims are still recovering from their injuries.
Pedestrian accident victims are strongly recommended to seek professional legal counsel from experienced personal injury attorneys to help them with their legal claims.
Does Time of Day Affect Liability in Pedestrian Accidents?
Liability will be determined by the duty of care owed by drivers, comparative negligence, the possibility that pedestrians were partially responsible for the accidents, and the right-of-way laws for pedestrians in crosswalks. The time of day can play a role in causing an accident and determining who is liable for the accident injuries. For example, suppose pedestrians wear dark clothing at night and cross outside a crosswalk. In that case, they may be held partially or totally responsible for their accident.
You must seek immediate medical attention if you have been involved in a nighttime pedestrian accident. Even if you believe your injuries to be relatively minor, failure to get medical care could reduce the total compensation you stand to recover. You must also report the accident to the police and get a copy of the accident report, as this will be valuable evidence to your personal injury attorneys. While at the accident scene, get as much evidence as possible, including photos, names and contact information of witnesses, and any evidence of how the accident occurred. If an insurance adjuster arrives at the scene, you do not need to speak with them. Instead, please direct them to talk to your car accident lawyers for any questions.
Contact our law firm for legal guidance throughout the pedestrian accident claims process.
What Can Pedestrians Do to Prevent Nighttime Accidents?
Consider the following tips to make walking at night safer in New Mexico:
- Do not jaywalk or cross highways on foot
- Familiarize yourself with all traffic laws and pedestrian laws to ensure that you are safe when crossing roads
- If you are walking or jogging at night, wear reflective clothing or carry a flashlight to help make sure that motor vehicles can see you
- Make eye contact with stopped vehicles at crosswalks so that you are sure that they see you
- Put your phone away when crossing the street and pay attention to your surroundings
- When walking a dog after sunset, you may want to consider giving your dog a reflective collar as well
Schedule a Case Evaluation with Our Experienced New Mexico Pedestrian Accident Attorneys Today
As your attorneys, our legal team will investigate the particulars of your pedestrian and motor vehicle collision to prove fault and liability on the part of the motorists involved.
To learn more about our legal services and how we could assist you during this difficult time, please get in touch with our law firm to schedule your in-depth case review today.
You may contact our Albuquerque or Los Lunas law offices at 505-226-3205.