Auto accidents are one of the primary causes of many personal injury cases. With the reliance on highways and thoroughfares in Texas and New Mexico, it is inevitable that collisions will occur. If an individual was acting in a reckless or dangerous manner, disregarding the safety of those around them, causing another to sustain a serious injury, they need to be held accountable for their actions.
This can be done so by filing an injury lawsuit that pinpoints the offending party and demands compensation in the form of damages. A successful lawsuit will help you receive the payment necessary to take care of the medical bills, loss of wages and the general pain and suffering that was caused. Although the memory of the experience cannot be erased, pursuing legal action can help you regain what was lost so that you can move on with your life.
Working with a capable personal injury attorney who can gather the relevant evidence of the case and develop an argument that proves the defendant acted negligently. An attorney will be able to articulate your side of the story while also making certain that your rights are protected against the interests of insurance companies who may only have their bottom line in mind and unapologetic defendants.
El Paso Auto Accident Attorney
Both Texas and New Mexico have made sure to add laws to their civil codes that protect motorists who have been injured due to the negligence of another. Having a strong understanding of your rights, while working in conjunction with a qualified auto accident attorney will help you highlight the relevant factors in your case that prove the offending party was responsible for you injuries.
The attorneys at The Law Office of Samuel E. Sprowles have spent a combined 16 years representing residents of West Texas and New Mexico in personal injury cases. Their extensive knowledge of civil law and litigation has enabled them to effectively fight for the compensation that their clients deserve. The firm is a full-service practice that handles every aspect of your case, from the initial gathering of information, to the interviewing of witnesses and valuing your injuries. The attorneys will take the reins and provide excellent client service throughout the entire process.
The firm's Texas office is located in El Paso and caters to individuals in and around El Paso County, including the cities of Socorro, Anthony, Vinton, Clint and Horizon City. This convenient location also allows the firm to service New Mexico residents in and around the cities of Las Cruces, Alamogordo, Ruidoso and Roswell, among others. Samuel Sprowles and staff can be counted on to provide the service you should expect from a passionate, educated and aggressive personal injury firm.
If you would like to discuss your case in detail with an attorney to see if you have a legitimate injury claim, please call The Law Office of Samuel E. Sprowles at (915) 257-4726 or send an online message today. The firm is also offers bilingual assistance, making them a convenient option for Spanish speaking clients.
Auto Accident Information Center
- Common Types of Auto Accidents
- Forms of Negligence in an Auto Accident
- Proving Negligence
- Types of Damages
- Auto Accident Resources
Injuries from auto accidents in Texas and New Mexico can be due to many different circumstances and scenarios. Injuries can arise no matter how fast the cars are moving or how hard the impact was. Some of the most common types of auto accidents include:
- Rear End Impact Accidents
- DUI / DWI Accidents
- Reckless Driver Accidents
- Uninsured / Underinsured Motorist Accidents
- High Speed Impact Crashes
- Low Speed Impact Crashes
- Side Impact Collisions
- Hit and Run Accidents
- Distracted Driver Accidents
- Vehicle Roll Over Accidents
- Multiple Vehicle Accidents
- Dram Shop Liability Accidents
After an accident, it must be noted, that you should never speak with or agree to anything from an insurance company, before speaking with an attorney. Insurance companies will do everything they can to mitigate their losses, leading to some people unwittingly agreeing to terms that are not favorable.
The reason an accident occurred is more important in an injury claim than the type of accident it was. Proving that negligence was involved will make the road to compensation much more straightforward. There are many specific ways that a driver can act in a negligent manner, but some of the most common are:
- Driving while under the influence of drugs or alcohol
- Driving while distracted
- Driving recklessly
- Failure to abide by traffic signals
- Driving too slowly
- Driving while texting
- Driving while talking on a cell phone
- Road Rage
Once you have consulted with your personal injury lawyer, they will file a petition claiming the other driver was at fault and is liable for your damages. In order to receive damages (compensation) from the other driver, you must be able to prove they were negligent when operating their vehicle. A car accident negligence claim in Texas involves all of the following elements:
- Duty – The plaintiff or the injured party must be able to prove the defendant owed the plaintiff a duty to act with reasonable care when operating their car. This is a general duty and is required by every driver who operates their vehicle.
- Breach – The plaintiff must also prove the defendant breached their duty by failing to act with reasonable care when operating their vehicle.
- Causation – The plaintiff must also prove the defendant’s conduct was the actual and proximate cause of their injuries.
- Damages – The plaintiff must have suffered some form of injury as a result of the defendant’s conduct.
Burden of Proof
Texas adheres to the modified comparative negligence theory under §33.001 of the Texas Civil Practice and Remedies Code. Comparative negligence states that if the plaintiff is at least 51% responsible for their injuries, they cannot file a lawsuit for their damages from the other party. Furthermore, according to §33.013 of the Texas Civil Practice and Remedies Code, if the plaintiff was 50% or less responsible for their injuries, the amount of damages they are awarded will be reduced by the percentage of their fault in the accident.
New Mexico follows a slightly different procedure, called "pure" comparative negligence, with the burden of proof also being on the plaintiff. According to The New Mexico Code of Civil Procedure §13.304, the plaintiff will simply have to prove, by the greater weight of the evidence, that something is more likely true than not true. This means that even if they were partly responsible for the accident, they still have the opportunity to be paid damages, depending on how big of a role the defendant played in the resulting injuries.
Personal Injury Protection
Texas requires insurance companies to offer Personal Injury Protection (PIP) coverage to all drivers. PIP offers uninsured/underinsured benefits to the driver who buys the coverage and provides payment of all reasonable expenses that arise from an accident. In Texas, personal injury protection is discussed in Sections 1952.151-1952.161 of the Texas Insurance Code.
- Economic Damages – Economic damages compensate the plaintiff for any actual loss or financial loss they may have incurred. These damages are commonly known as compensatory damages and do not include exemplary or non-economic damages.
- Noneconomic Damages – Noneconomic damages are used for the purpose to compensate the victim for any physical pain or suffering, mental or emotional pain or anguish, loss of companionship, loss of enjoyment of life, physical impairment or disfigurement, or any other non-financial loss they may have suffered.
- Exemplary Damages – Exemplary damages are also known as punitive damages. They are awarded to the plaintiff if the defendant acted with such gross negligence they should be punished for their actions. In order to receive these type of damages, the plaintiff is required to show that the defendant acted with malice by intentionally causing the injury, or because the defendant knew his conduct created an extreme risk of severe injury and consciously disregarded that risk.
Texas Civil Practice and Remedies Code – Damages – This is the link to Sec. 41.001 in Chapter 41 of the Texas Civil Practice and Remedies Code. It shows the full legal wording regarding damages and includes the definition of all relevant terminology contained within.
New Mexico Statutes – This is the main site for the entire listing of New Mexico Statutes. It has information on civil claims, along with exact legal wording regarding liability, settlements, torts, wrongful death, actions for damages and governmental immunity.
Auto Accident Resources – This is a link to a website dedicated to providing information on different types of accidents involving motorized vehicles. It discusses various statistics and the most common types of injuries involved in accidents. It also has resources on avoiding accidents and current new on the subject.
The Law Office of Samuel E. Sprowles | Las Cruces Auto Accident Lawyer
An auto accident seems to always come at the wrong time. Add an injury to an already bad situation and your problems will be compounded. If you have been seriously injured in an auto accident through another's negligence, it is vital that you speak with a personal injury attorney who can help you figure out your best options regarding holding the responsible party accountable.
The auto accident attorneys at The Law Office of Samuel E. Sprowles have an intimate knowledge of state laws regarding personal liability. This allows Samuel Sprowles and staff to take advantage of a strong legal knowledge in order to develop the strongest possible case for your auto accident claim.
In addition to their El Paso office location, where they serve people throughout West Texas, the firm also proudly represents individuals and families in and around Southern New Mexico. This makes Samuel E. Sprowles a convenient option for New Mexico residents who are looking for the strongest possible representation for their auto accident claims.
Along with Las Cruces residents, the firm also works with anyone who has a qualified injury claim throughout Dona Ana County, Otero County, Lincoln County, Lea County and Chaves County. This includes the cities of Sunland Park, Alamogordo, Tularosa, Ruidoso, Hobbs, Lovington and Roswell, among many others.
To schedule a risk-free consultation to discuss the specifics of your New Mexico or El Paso car accident case in detail with the attorneys at The Law Office of Samuel E. Sprowles, call (915) 257-4726 or send an online message today. Samuel Sprowles and attorneys will be ready to immediately get to work on your personal injury case right away.
El Paso, TX