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Los Lunas Personal Injury Law Blog

Can I sue for damages if I'm injured in a park in New Mexico?

While the idea of taking the children to the park to play or planning a get-together at one may seem like an ideal way for everyone to enjoy the great outdoors, they're not always the safest places to congregate.

In recent years, there have been some widely publicized news stories where old, large trees have fallen on wedding parties in the midst of a photo session. In other instances, children have drowned around bodies of water, been hurt while playing on improperly maintained playground equipment or have slipped or fallen on poorly landscaped terrain.

2 alleged drunk drivers collide in Red Rock, a passenger dies

Two vehicles collided on the evening of Saturday, Dec. 30, in Red Rock, New Mexico, killing the passenger in one of the cars. The incident happened along U.S. Highway 66, right as you cross into the area of the highway maintained by the city.

Law enforcement officers who reported to the crash scene were able to talk to witnesses who reported having seen the a Jeep being driven westbound along the highway immediately before the crash ocurred. They also noted seeing its 22-year-old driver attempt to make a left turn onto a cross street when a fast approaching Nissan collided with it.

Why do trucks jackknife and what happens if I'm struck by one?

Although the prospect of ice on the roadway causing a tractor-trailer to jackknife in New Mexico is small, it's not out of question that a trucker might lose traction and subsequent control of his truck for another reason.

In case you're unclear as to what jackknifing entails, it involves the trailer and cab portion of a semitruck falling out of alignment with one another. One of the telltale signs that a jackknife incident has occurred is when a tractor-trailer can be seen positioned in either a "V" or "L" orientation.

Can I be reimbursed for losing my job after an accident?

Although it may not be one of the most ethical things for an employer to fire you if you are injured in a car crash, it happens. It's especially common in instances where you suffer such significant injuries that you're going to need to be out of work for longer than the sick time that you've accrued or for which you are covered under the Family and Medical Leave Act (FMLA).

If you happen to be let go from your job because your injuries preclude you from carrying out your everyday duties, then you may be able to make a claim for special damages that include wages you lost because of injuries you suffered in your car accident.

Tips for traffic safety around tractor-trailers

If you've ever driven next to a large commercial truck, you're likely familiar with the uneasiness such an experience can inspire. This anxiety is not necessarily misplaced, either. Due mainly to the sheer size and weight of tractor-trailers and semis, fatal collisions between a smaller automobile and a larger commercial vehicle often result in the death of the driver or passengers in the car, but not the truck. In fact, fatal crashes between small personal vehicles and trucks claim the lives of car occupants in 80 percent of such accidents.

Even more upsetting, over 200,000 such collisions occur in the United States every year, and, perhaps contrary to common assumptions, most of these accidents happen during the day and in clear weather. So how, exactly, do these fatal crashes keep happening, and is there anything you can do to decrease the risks for you and your family?

Which type of worker is most apt to get injured on the job?

A recent Department of Labor report suggests that just last year, at least three million Americans either had to miss work or had their jobs downgraded because they suffered an injury or illness while working.

Among one of the five most injury- or illness-prone jobs, those working in animal production, which includes caretaking and husbandry roles, have the highest risk of workplace injuries of all professions. In fact, 6.6 out of every 100 workers in this profession are believed to suffer injuries on the job each year.

When am I eligible to sue my landlord for illnesses or injuries?

Landlords have a responsibility to keep the properties that they own and rent out free of potential health hazards. It also is their responsibility to ensure that the place they're renting is up to current housing codes also. If they fail to do this, and some serious illness or injury results from their negligence, then they can be held liable for paying any medical bills, lost wages and other expenses the injured party may amass.

When a landlord decides to put up a place for rent, there's an implied habitability warranty that comes along with it. It serves as a sort of guarantee that the property that a tenant is looking to rent doesn't pose any known safety or health risks to them.

Can I be compensated for emotional distress caused by a wreck?

Sometimes, injuries that you suffer in a car crash aren't just physical, but are mentally or emotionally debilitating as well. The concept of pain and suffering applies to both physical injuries as well as their non-tangible ones that you may suffer in a crash.

If you've suffered persistent and documented distress since your car accident over a prolonged period of time, then you may have a valid reason to allege emotional distress. In order to prove such a claim, though, you'll need to be able to justify that the crash led to your feeling that way.

Valencia man sues Walgreens after he's given the wrong medicine

A Valencia, New Mexico, man has filed a lawsuit against an Espanola area Walgreens. The suit was filed in Santa Fe's District Court on Nov. 2. In the filing, the man alleges that the store sent him home with something other than the muscle relaxer he was prescribed by his doctor in 2014. He claims that whatever drug he was sent home with made him suicidal instead of relieving the pain he suffered after becoming involved in a car accident.

In his lawsuit, the man demands an unspecified amount of damages for medical costs he incurred related to his contemplation of shooting himself. He also asks for lost wages because he was too depressed to work. He notes that he experienced head trauma among other injuries related to the crash.

Speeding drivers can cause catastrophic injuries

You might take every possible precaution behind the wheel, but this is no guarantee that you will be safe. All it takes is one dangerous driver to cause a severe accident, injuring you and putting you out of work.

While texting behind the wheel or driving while drunk are well-known as contributing factors in accidents, you might not realize just how serious other behaviors can be. While some drivers view driving over the posted speed limit as no big deal, it is a seriously dangerous behavior that could be putting you at risk.

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The Law Firm of David C. Chavez, LLC
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Los Lunas, NM 87031

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