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Can I Sue Someone Personally After a Car Accident?

Can I Sue Someone Personally After a Car Accident?

Shapiro Law Team October 26, 2023 Car Accidents

The short answer is yes, you can sue someone personally after a car accident. But, as with all legal proceedings, nothing is ever that simple. After all, going to court takes time.

That being said, there are a few things you should know before diving headfirst into a lawsuit. Continue reading to learn whether it’s worth it to sue the other driver after a car accident and how Shapiro Law Team can help.

Is It Worth It to Sue the Other Driver After a Car Accident?

Yes, suing the other driver after a car accident can be worth it, especially if the insurance claim already paid out the maximum amount that was filed. If you’re not sure whether suing the other driver is worth it, contact Shapiro Law Team for expert legal advice.

Potential Causes of Your Motor Vehicle Accident

All sorts of situations can happen on the road. Before jumping into a lawsuit, you need to determine why you believe the other driver was at fault for the traffic collision. From tailgating to intoxication, let’s take a look at a few potential reasons why your accident happened.

  • Speeding
    Driving over the speed limit greatly increases the probability of an accident. If another driver was driving over the posted speed limit during your accident, there’s a high chance that their speed was a contributing factor to your collision.
  • Drunk Driving
    Driving while under the influence of alcohol is illegal in all 50 states. If the other driver was intoxicated at the time of your accident, you can personally sue them for damages. In New Mexico, it’s illegal to drive with a BAC (Blood-Alcohol Concentration) of .08 or more. If you are under 21, the BAC limit drops to .02.
  • Distracted Driving
    In today’s technological climate, everything is a distraction. If a driver took his or her eyes off the road for any reason, such as texting or talking to other passengers, then you can sue for maximum damages.
  • Driver Error
    No driver is perfect and unfortunately we make mistakes despite our best efforts. Still, any amount of driver error can be held accountable if their mistake or mistakes caused your accident.
  • Tailgating
    Tailgating often goes hand-in-hand with road rage. If a driver was following your vehicle too closely and caused an accident, they can be held liable for their actions.
  • Ignoring Traffic Signals
    Traffic signals help regulate traffic and keep drivers safe. If a driver fails to adhere to a red light or stop sign, there’s a high chance a crash will occur.

Albuquerque car accident lawyer

How to Tell if It’s Time to Sue Someone Personally

The decision to sue someone personally after a car crash should come only after you’ve gathered enough evidence against the other driver. At the end of the day, deciding to sue someone personally depends on your personal preference. Get expert legal advice on the best course of action with an experienced attorney at Shapiro Law Team.

Proving Fault and Liability After a Car Accident

Proving liability is no easy feat, which is why we highly recommend you call us for a free consultation. The best way to prove fault and determine liability is to hire an experienced attorney; otherwise, you could end up costing yourself a whole lot more than anticipated.

When you call Shapiro Law Team, we’ll work to determine whether or not the other driver was negligent as well as the type of compensation you could recover for their determined level of negligence.

You Can Still File for Damages Even if You Were Partly at Fault for the Accident

You can still sue the other party even if you believe you were partially at fault for the accident. New Mexico is a pure comparative negligence state, meaning the state allows you (the plaintiff) to recover damages based on the percentage of fault. For example, if you were 50% at fault for an accident, the other party could recover 50% of your losses.

What You Can Expect From the Lawsuit

If you decide to sue someone personally for a car accident, you need to understand that the legal proceedings will be lengthy.

If your case can’t be settled through insurance negotiations and you choose to sue personally, you’re expected to make in-count appearances on top of the high cost of a lawsuit. Keep in mind that the statute of limitations to file a lawsuit in New Mexico is three years. Failing to file a lawsuit within this time frame could end up hurting your case.

Albuquerque car accident lawyer

Filing a Personal Injury Claim Is Easier When You Hire an Attorney To Help You

Navigating the complexities of a personal injury case is hard, especially when it feels like you have the weight of the world sitting on your shoulders. Instead of filing a personal injury claim by yourself, it’s smarter and easier to get the compensation you deserve with the help of an experienced lawyer. A lawyer will help you:

  • Collect evidence
  • Determine liability
  • Interview eyewitnesses
  • Estimate your max compensation
  • Handle all negotiations
  • File a lawsuit

The attorneys at Shapiro Law Team are trained to handle the toughest personal injury cases out there. We have recovered millions of dollars in settlement fees and have changed our clients’ futures for the better. Avoid the headaches and discuss your case with a Shapiro Law Team attorney today.

Our Experienced Car Accident Attorneys in Las Cruces Can Help You With Your Car Accident Claim

Car crashes are all too common in New Mexico, and unfortunately, not receiving the maximum amount of compensation is just as prevalent. That’s why Shapiro Law Team works hard to recover the maximum amount in damages for your specific case.

Our Las Cruces Car Accident Attorneys work on a contingency fee basis, which means you don’t pay unless we win. Get the superior representation you deserve and let’s get to work on recovering your maximum compensation.

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