Pedestrian Accidents Lawyer in New Mexico: Your Rights Guide

Support After Impact

Pedestrian Accident Claims Guide

A pedestrian crash can turn an ordinary day into a maze of medical appointments, missed work, and difficult insurance calls. In New Mexico, injured walkers and runners often face questions about fault, medical bill payment, and how to document losses such as pain, reduced mobility, and time away from school or work. At Pofahl Law Firm, P.C. in Albuquerque, we help injured pedestrians understand their options and move forward with confidence. Attorney Brady Pofahl listens carefully, explains each step in clear terms, and communicates with insurers so you can focus on healing. If you were hit in a crosswalk, parking lot, neighborhood street, or along a shoulder, you do not have to handle the aftermath alone.

The choices you make in the first days after a pedestrian accident can shape your claim. Seeking prompt medical care, saving photos of the scene, preserving damaged clothing or gear, and identifying witnesses all help protect your rights. Our team can coordinate records, examine crash reports, and evaluate every available insurance policy, including potential underinsured motorist coverage. We also explain deadlines that may apply under New Mexico law and outline a practical plan tailored to your needs. Whether your goal is a fair settlement or you simply want guidance on what comes next, we provide steady advocacy from consultation through resolution. Call (505) 720-1030 to discuss your situation in a no-pressure conversation.

Why Legal Guidance Matters After a Pedestrian Crash

Insurance companies move quickly after a pedestrian collision, often seeking statements and medical releases before the full picture is known. Having a dedicated advocate levels the playing field and keeps the process focused on your needs. We help document injuries, value future care, and account for wage loss, scarring, and the day-to-day impact on your life. Thorough preparation can reveal additional sources of recovery, like multiple policies or a negligent employer. By handling adjuster communications and deadlines, we reduce stress while protecting your claim. The result is a more organized, complete presentation of liability and damages that supports a fair and informed outcome.

About Pofahl Law Firm, P.C. and Attorney Brady Pofahl

Pofahl Law Firm, P.C. is an Albuquerque personal injury law firm committed to helping injured people throughout New Mexico. Led by Attorney Brady Pofahl, our practice centers on careful case preparation, clear client communication, and practical guidance at every turn. We understand how crosswalk collisions, parking lot incidents, and shoulder strikes affect families, finances, and daily routines. From gathering records to consulting with treating providers, we work methodically to show how the crash happened and how it changed your life. Our approach is built on accessibility and accountability: returning calls, explaining options, and standing by your side through negotiation and, when needed, litigation.

Understanding Pedestrian Accident Injury Claims in New Mexico

Pedestrian injury claims typically require showing that a driver or other party failed to act with reasonable care and caused harm. Evidence can include police reports, video, photos of vehicle damage, skid marks, debris fields, and medical records that connect injuries to the event. New Mexico law considers right-of-way rules, visibility, lighting, and vehicle speed, as well as pedestrian conduct and roadway design. Drivers must watch for people in crosswalks and yield when the law requires, while pedestrians must follow signals and use care. Even if fault is disputed, a well-documented file helps clarify what happened and why the responsible party should be held accountable for the losses that followed.

The claim process often begins with notifying insurers, investigating coverage, and tracking treatment and recovery. As medical care progresses, we assemble bills, records, and employer statements to capture the full scope of harm, including ongoing therapy and limitations. Negotiations typically occur after your condition stabilizes enough to understand the outlook, though preservation of evidence starts immediately. If settlement talks stall, filing a lawsuit may be appropriate, which adds formal discovery and deadlines. Throughout, we keep you informed, prepare you for each step, and pursue a path that reflects your goals, whether that means timely resolution or continued litigation to seek a fair result.

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Key Terms for New Mexico Pedestrian Claims

Comparative Fault

Comparative fault is a rule that allocates responsibility for an accident among the people involved. In a pedestrian case, it means a driver, a pedestrian, or even another party may share percentages of fault based on the facts. Your recovery can be reduced by your percentage of fault, but you may still be able to recover for the portion caused by others. Insurers often raise comparative fault to limit payouts, sometimes citing clothing colors, lighting, or walking outside a crosswalk. Careful investigation, scene analysis, and witness statements can counter assumptions and present a balanced, evidence-based view of how the crash actually occurred.

Statute of Limitations

The statute of limitations is the legal deadline to file a lawsuit. If you miss it, your claim can be barred, regardless of its strength. The timeline can vary based on the claim type and the parties involved, including claims against a government entity that often require earlier notice. Because evidence can fade quickly, it is wise to evaluate your case and calendar all deadlines as early as possible. Gathering records, identifying responsible parties, and negotiating with insurers take time. Understanding the statute of limitations helps ensure your case proceeds on schedule and preserves your right to seek compensation through the courts if needed.

Negligence

Negligence is the failure to use reasonable care under the circumstances. In pedestrian cases, it can involve speeding, distracted driving, failing to yield, or ignoring traffic signals. To prove negligence, you typically show a duty of care, a breach of that duty, causation, and damages. Evidence might include dashcam footage, phone records, vehicle data, and medical documentation that links injuries to the crash. Negligence can also include unsafe property design or poor maintenance that contributes to visibility problems or hazardous conditions. By organizing facts and expert opinions where appropriate, a claim presents how each element fits together and why the responsible party should be held accountable.

Insurance Adjuster

An insurance adjuster evaluates claims for an insurance company. Adjusters review statements, police reports, medical records, and bills to determine liability and the value of losses. Their role is to minimize risk and resolve claims within policy terms, which can mean early low offers or requests for broad medical releases. Clear communication and well-organized documentation help keep the discussion fair and focused. You are not required to give a recorded statement to the other driver’s insurer, and you can request that communications go through your representative. Understanding the adjuster’s objectives helps you respond strategically and protect the strength of your claim.

PRO TIPS

Document Everything Promptly

Take photos of the scene, your injuries, torn clothing, and any vehicle damage as soon as it is safe, then store copies in multiple locations so nothing gets lost. Ask for the incident number from police, collect contact information for witnesses, and keep a running journal of symptoms, appointments, and how pain affects work or family life. This organized record becomes the backbone of your claim, helping connect the crash to your medical care and demonstrating the full impact on your daily activities in a way that adjusters and juries can clearly understand.

Be Careful With Statements

Before speaking with the other driver’s insurer, consider directing all communications through your attorney so your words are not taken out of context or used to minimize your injuries. If you do speak, stick to basic facts, avoid guessing about speed or distances, and never sign blanket medical releases that allow access to unrelated history. Careful communication keeps the focus on what matters, reduces the risk of misunderstandings, and maintains the integrity of your claim while treatment and investigation continue.

Follow Through On Care

Attend all medical appointments, follow treatment plans, and tell providers about every symptom, even if it seems minor, because consistent records show how injuries evolve and affect function. Keep receipts for prescriptions, braces, and mileage to appointments, and save discharge instructions to demonstrate ongoing needs. Completing care not only supports your well-being, it also provides accurate documentation of recovery, limitations, and potential future treatment that is essential for valuing your claim fairly.

Comparing Legal Options After a Pedestrian Accident

When Full Representation Makes Sense:

Serious Injuries With Long-Term Effects

Claims involving fractures, head injuries, spinal harm, or complex soft-tissue conditions often benefit from full representation to coordinate records, consult with treating providers, and portray future care needs. These cases require careful valuation of lost income, household services, and life changes that go beyond initial medical bills. With a comprehensive approach, your team can build a clear narrative that connects the facts, medical science, and real-world impacts in support of a fair result.

Disputed Liability or Multiple Parties

When drivers deny fault, witnesses disagree, or commercial entities are involved, a thorough investigation becomes vital to gather and preserve key evidence. Issues like comparative fault, roadway design, or policy exclusions can complicate negotiations and require strategic planning. Full representation helps align experts, timelines, and legal arguments so your claim remains organized and persuasive from first notice through potential trial.

When a Limited Approach May Work:

Minor Injuries With Clear Fault

If injuries are minor, recovery is swift, and the driver’s fault is well-documented, a streamlined approach can be efficient and effective. The focus becomes collecting bills, confirming prognosis, and negotiating a timely resolution without unnecessary delay. Even with a limited scope, attention to detail ensures your settlement reflects the full value of your medical care and short-term disruptions.

Property Damage Only or Low Medical Bills

In some situations, losses involve torn clothing, broken glasses, or a brief clinic visit with minimal costs, making a simple claim presentation appropriate. Organized receipts, photos, and a concise explanation of events can lead to a practical outcome without extended negotiations. Guidance is still helpful, but the process may be shorter and more focused on reimbursement rather than long-term planning.

Common Situations Leading to Pedestrian Injury Claims

Crosswalk Collisions

Drivers turning right on red or rushing through yellow lights sometimes fail to see people stepping into painted crosswalks, especially at multi-lane intersections with heavy traffic. Clear photographs, signal timing, and witness accounts can help show that the pedestrian had the right-of-way and that inattention, speed, or poor scanning contributed to the impact and resulting injuries.

Parking Lot and Driveway Incidents

Low-speed impacts in parking lots and driveways can still cause significant harm, particularly to knees, hips, and the spine, because walkers are unprotected and close to moving vehicles. Surveillance footage, vehicle angle, and line-of-sight issues often clarify fault where backing vehicles, tight turns, and obstructed views lead to preventable contact with pedestrians.

Distracted or Impaired Driving

Phone use, in-car screens, and alcohol or drug impairment reduce reaction time and attention, increasing the risk to people on foot near lanes and shoulders. Phone records, toxicology, and event data recorders may support a strong liability case by showing the driver’s condition and behavior in the moments before the crash.

Albuquerque Pedestrian Accident Attorney

Why Hire Pofahl Law Firm, P.C. for a Pedestrian Accident Case

At Pofahl Law Firm, P.C., we combine attentive service with a thorough approach to evidence, ensuring your story is fully told. From the first call, we focus on your goals and keep you informed about what to expect, what documents matter, and how to avoid common pitfalls. We coordinate with medical providers, examine all available insurance, and develop a clear, organized claim package that reflects current and future needs. Our Albuquerque team understands New Mexico roads and the realities pedestrians face, and we work to turn complex facts into a compelling, step-by-step case for fair compensation.

You deserve a law firm that answers questions, returns calls, and treats your time with respect. We provide straightforward guidance, practical timelines, and realistic expectations so you can make informed decisions. Whether negotiating with insurers or preparing for litigation, we manage details while ensuring you remain in control of major choices. If you were injured walking, running, or crossing in New Mexico, call (505) 720-1030 for a free, no-pressure consultation. We will review your situation, explain your options, and outline a plan designed to move your case forward and support your recovery.

Call (505) 720-1030 for a Free, No-Pressure Consultation

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FAQS

What should I do immediately after a pedestrian accident in New Mexico?

Start by getting medical care, even if you feel okay, because adrenaline can mask injuries. Call 911, request an officer, and obtain the incident number. Photograph the scene, your injuries, damage to clothing or personal items, and any vehicle involved. Gather names and phone numbers of witnesses, and look for nearby businesses or homes that may have cameras. Avoid arguing about fault, and limit conversations to basic facts. If safe, note lighting, weather, and anything that blocked views, and then store everything in a secure folder so nothing is lost. Notify your own auto insurer if you have medical payments or uninsured motorist coverage, and consider contacting a law firm for guidance before giving recorded statements. An attorney can help you navigate medical documentation, evaluate coverage, and protect you from signing overly broad releases. Acting promptly helps preserve evidence and keeps your claim on track with insurers and any applicable deadlines under New Mexico law.

Do I have a claim if I was not in a crosswalk?

Yes, you may still have a claim even if you were outside a crosswalk. New Mexico uses comparative fault, which means responsibility can be shared among the people involved. Drivers still have duties to keep a proper lookout, control speed, and avoid collisions when reasonably possible. Visibility, lighting, and the driver’s behavior play a big role in evaluating how the crash happened. Being outside a crosswalk does not automatically eliminate your rights, especially where a driver was distracted, speeding, or failed to yield when required. The key is evidence: photos, video, witness statements, and the police report. Your clothing, lighting conditions, and line of sight may also matter. An organized investigation can counter assumptions and show that the driver’s conduct caused or contributed to the collision. Even if a percentage of fault is assigned to you, you may still recover the portion of damages caused by the other party. A careful review will clarify your options.

Should I talk to the other driver’s insurance company?

You can, but it is often wiser to speak with an attorney first and direct communications through your representative. Insurance adjusters work for the driver’s insurer and may seek statements that limit the value of your claim or request broad medical releases. If you do talk, stick to basic facts like time, location, and vehicles involved, and avoid guessing about speeds, distances, or how injuries will heal. Politely decline recorded statements until you have legal guidance. An attorney can help control the flow of information and time discussions appropriately, especially while your medical picture develops. This approach reduces the risk of misunderstandings and keeps your claim focused on documented injuries and losses. It also ensures that any supporting evidence, such as photos or witness accounts, is presented with context. The goal is balanced communication that protects your rights and leads to an informed, fair evaluation by the insurer.

How is fault determined in a pedestrian accident?

Fault is determined by examining traffic laws, right-of-way rules, and how each person behaved before the crash. Investigators look at police reports, witness statements, scene photos, vehicle damage, and medical records linking the incident to your injuries. In some cases, data from event recorders, dashcams, or nearby surveillance cameras can clarify speed, lane position, and reaction time. Weather, lighting, and line-of-sight issues are also considered. New Mexico’s comparative fault system allows responsibility to be divided based on each party’s contribution to the collision. A pedestrian’s clothing, visibility, and adherence to signals can be relevant, just as a driver’s speed, attention, and lane control are. Even if you share some responsibility, you may pursue compensation from the other party for their share of the harm. A thorough, evidence-based presentation helps explain what happened and supports a fair allocation of fault.

What damages can I seek after a pedestrian crash?

Compensable damages in a pedestrian case often include medical bills, future medical needs, lost wages, and diminished earning capacity, if applicable. You may also seek recovery for pain, loss of enjoyment of life, and the ways injuries affect daily activities at home and work. Property damage such as broken glasses, phones, or clothing can be included when documented. The precise categories depend on your circumstances and the evidence supporting each item. To value damages, we look at treatment records, doctor opinions, imaging, therapy notes, and how long symptoms persist or limit function. Documentation of missed work, schedule changes, and accommodations helps capture wage-related losses. For future care, provider recommendations and cost estimates are important. Every claim is different, so we build a picture that is specific to you, grounded in medical evidence, and presented clearly to the insurer or, if necessary, to a jury.

How long do I have to file a pedestrian injury lawsuit in New Mexico?

There are strict deadlines for filing lawsuits, known as statutes of limitations, and missing them can prevent you from pursuing your claim in court. The time limit can vary depending on the type of claim and who the defendant is. Claims involving government entities often require earlier written notice within a short window. Because these timelines can be complex, it is wise to assess deadlines as soon as possible. Beyond filing deadlines, you will want to move quickly to preserve evidence like video footage, vehicle data, and witness contact information that can disappear with time. Early medical evaluation also helps create a clear link between the crash and your injuries. Speaking with a lawyer promptly allows you to understand the calendar, gather records efficiently, and avoid last-minute hurdles that could affect the strength and timing of your case.

What if the driver who hit me was uninsured or fled the scene?

If the at-fault driver is uninsured or leaves the scene, you may have options through your own auto insurance, including uninsured or underinsured motorist coverage. Medical payments coverage may also assist with initial bills. Promptly report the crash to your insurer and local law enforcement, and request a copy of the report once available. Keep all medical and expense records organized to support your claim. Hit-and-run cases benefit from fast action to identify potential video, witnesses, or license plate information. Even without the other driver identified, your policy may provide coverage for injuries and related losses. An attorney can review your policy language, manage communications, and help avoid pitfalls that sometimes arise in first-party claims. The goal is to access every available benefit while documenting the full impact on your health and daily life.

Do I need to finish medical treatment before settling my claim?

You do not always need to complete every aspect of treatment before discussing resolution, but settling too early can undervalue your claim if future needs are unknown. Many cases benefit from reaching a point of medical stability where providers can describe your prognosis, ongoing symptoms, and potential future care. This helps ensure that settlement reflects both current and reasonably anticipated costs and impacts. If you are still improving or awaiting specialist opinions, it may be better to continue building documentation while negotiating in good faith. Your attorney can coordinate with providers to obtain updated records and opinions on future care. By timing settlement discussions appropriately, you reduce the risk of leaving important categories of damages unaddressed and improve the accuracy of the claim’s overall valuation.

How much is my pedestrian accident case worth?

Case value depends on liability, the severity and duration of injuries, medical costs, wage loss, and how the injuries affect your daily life. Evidence is central: imaging, treatment notes, objective findings, and consistent reports of symptoms carry weight. Policy limits and the availability of multiple coverage sources can also influence the outcome. No two cases are the same, so careful documentation is essential. We typically organize a demand package that explains how the crash happened, why the insured is liable, and how your injuries have impacted you. This includes medical summaries, bills, proof of wage loss, and descriptions of day-to-day limitations. If liability is contested, we address those issues directly and support the claim with facts and applicable law. The final value ultimately reflects the strength of the evidence and the clarity with which your damages are presented.

How can Pofahl Law Firm, P.C. help with my Albuquerque pedestrian injury case?

Pofahl Law Firm, P.C. provides attentive representation for injured pedestrians in Albuquerque and across New Mexico. We investigate the crash, gather evidence, coordinate with medical providers, and evaluate all insurance coverage. Our approach emphasizes clear communication, practical timelines, and organized case building so you can focus on recovery. We aim to reduce stress by handling adjuster calls, deadlines, and paperwork while keeping you informed at each step. When settlement is appropriate, we negotiate to reach fair terms supported by evidence; when litigation is needed, we prepare your case for the next stage and guide you through the process. Attorney Brady Pofahl will explain your options in plain language and help you make decisions that reflect your goals. Call (505) 720-1030 for a free, no-pressure consultation to discuss your pedestrian accident and learn how we can help move your claim forward.