Defending Our Clients’ Rights for Over 25 Years
Car Accident Lawyer
Law Office of Javier Martinez, Jr. and The J. Martinez Law Firm, L.L.C.
Getting behind the wheel is something that is second nature to you. You know how to get to your destination, what laws to follow, and how to drive defensively to ensure your safety and that of others. Unfortunately, drivers and passengers are injured daily in car accidents caused by negligent motorists.
At the Law Office of Javier Martinez, Jr and The J. Martinez Law Firm, L.L.C., we have more than 25 years of experience advocating for the rights of injury victims across New Mexico and Texas. Our team provides legal services on a contingency fee basis, meaning that you will owe us absolutely nothing unless we win your case. If you’re injured, we’re only a phone call away.
Common Causes of Auto Accidents
A report from the National Highway Traffic Safety Administration (NHTSA) showed a recent increase in traffic-related fatalities. The agency estimated that nearly 43,000 people died in car crashes last year, representing a 10.5% increase over the previous year. Thousands more suffered debilitating and life-altering injuries after being involved in an auto accident.
The most common general cause of car accidents involves driver error. Specifically, some of the most common causes of auto accidents include:
- Distracted driving
- Drunk or impaired driving
- Reckless driving
- Aggressive driving or road rage
- Fatigued driving
- Unsafe lane changes
- Running red lights or stop signs
- Inclement weather
- Road debris
Available Damages in a Car Accident Injury Case
Being injured in an accident can have drastic effects on your physical and emotional health and financial future. We believe you shouldn’t have to front the cost of your accident-related losses when you did everything right. If you are injured due to the negligence or carelessness of another person, you are entitled to financial compensation. Securing damages will ensure you are not burdened with expenses and are provided with the resources you need to recover.
In order to receive compensation, you and your personal injury attorney will need to file a car accident claim against the at-fault individual or their insurance company and show a comprehensive list of damages you incurred. In general, car accident victims are entitled to compensation for a variety of damages that fall into three different categories:
- Economic Damages, including medical expenses, lost wages, lost earning capacity, and property damage.
- Non-Economic Damages, including pain and suffering, emotional distress, loss of quality of life, loss of enjoyment, and loss of consortium.
- Punitive Damages, which includes financial compensation meant to punish the defendant for egregious behavior or gross negligence.
What to Do After a Car Accident
A car accident is something you never really expect will happen to you. When it does, you need to know what steps to take to protect your safety and rights for future compensation. Here is what our highly-regarded auto accident lawyer recommends you do after being involved in a car accident:
- If possible, pull your car over to a safe place nearby. Don’t get out of your car in the middle of the road.
- Check to make sure you and your passengers are alright.
- Call 9-1-1, so that law enforcement and medical emergency personnel are dispatched to the scene. Do not refuse medical treatment.
- Avoid talking to the other driver beyond seeing if they have any urgent injuries and providing your contact information.
- Don’t make side deals with the driver instead of filing an insurance claim.
- Give the officer an honest and accurate account of what happened.
- Collect the names and contact information of any witnesses. The police report will also contain this information.
- Take photos and videos of the vehicles involved, the injuries sustained by any individual involved, and the accident scene.
- Contact a skilled car accident attorney for help filing an insurance claim.
How a Car Accident Attorney Can Help
Remember, insurance companies exist to make money and do everything in their power to avoid paying out claims. The insurance company might attempt to convince you that your claim is not worth that much to get you to accept a low settlement offer. We will do everything in our power to ensure that does not happen.
Having a skilled auto accident attorney by your side can deter the insurance company from using such tactics and can ensure you receive the compensation you are rightfully owed.
Frequently Asked Questions
What If I Was Partially At Fault for the Accident?
In New Mexico and Texas, car accident liability is determined utilizing a comparative negligence rule. This means that more than one driver could potentially be found partially liable for a crash. If you are partially at fault, you can still pursue compensation for your losses. However, the amount you receive will be reduced by your percentage of fault. For example, if you receive a $100,000 reward but you are 20% to blame, your award amount will be reduced by $20,000.
Should I Still Get Medical Attention Even If I am Uninjured?
You should always seek medical attention after an accident, even if you are uninsured or think you only sustained minor injuries. Some injuries produce late onset symptoms, so you may be injured and not even know it. Also, if you wait a period of time to see a doctor, the insurance company may claim there is a lack of evidence to link your injuries to the accident.
Do I Need to Give a Statement to the Insurance Company?
You can give a statement to your own insurance company after an accident, but be sure to only give factual information about the accident. The at-fault driver’s insurance company will most likely attempt to obtain a recorded statement from you after the accident in order to get a quote from you that could be twisted and used against your claim. With this in mind, it is recommended that you let your car accident injury attorney do the talking, so you don’t say anything that could hurt your case.
Speak to an Experienced Car Accident Lawyer for Free!
We understand the challenges of having to deal with a car accident claim while simultaneously trying to recover physically and emotionally. Please know that we are here to ensure your rights to compensation are protected and your claim is built on solid ground.
At the Law Office of Javier Martinez, Jr. and The J. Martinez Law Firm, L.L.C., our teams have offices located in New Mexico and Texas and provide bilingual legal services. For experience and dedication, contact our firm right away for a free consultation — El Paso, TX: (915) 751-0896 | Hobbs, NM: (575) 393-0021