An overview of the legal principles governing personal injury cases

Let’s talk about a few key legal principles that could have an impact on personal injury situations. We go over them in this section and how they might affect your case.

liquor store

Dram shop regulations make it easier to hold bar owners accountable for injuries that drunk drivers negligently cause to third parties. This rule was based on the idea that alcohol retailers should be held liable for providing alcohol to a clearly drunk individual who later injured a third party as a result of their intoxication.

The New Mexico “dram shop” statute is in effect when:

  • A drunk person was served a drink by the alcohol vendor.
  • The alcohol distributor may reasonably have known that the person was drunk, and
  • The seller of alcohol was aware of the person’s intoxication due to the situation.

Social hosts who carelessly served alcoholic beverages while disregarding the rights of others are likewise subject to New Mexico’s dram shop statute.

These regulations are in place to prevent alcoholic beverage sellers and hostesses from giving alcohol to underage drinkers or drunk people. They also stand in for the state’s public policy that victims of drunk driving accidents shouldn’t be responsible for the medical bills associated with injuries caused by other irresponsible parties and drunk drivers.

It is frequently necessary to gather sufficient proof of the alcohol seller’s or social host’s awareness of and involvement with the drunk driver in order to establish the legal factors mentioned above.

Regular Carriers

Common carriers (such as bus drivers, train conductors, and airplane pilots) have a stronger duty of care to the public than other sorts of drivers. This is a crucial legal premise. Due to the unique relationship they have with their customers, common carriers are required to take the utmost precautions to ensure their customers’ safety. The injured party may be able to hold the common carrier liable for any damages they experience if it fails to meet this duty and causes an injury.

How You Can Get Help From Our Albuquerque Car Accident Lawyers

A car accident lawyer Albuquerque can assist you if you are in an accident by:

  • examining your case and locating every prospective defendant
  • examining each potential relevant insurance policy, including UM insurance
  • examining the most recent judicial decisions and how they may impact your claim
  • assembling proof that will support your case’s claims of culpability and damage
  • Getting your case ready for trial
  • obtaining the highest possible settlement for your case
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