What Rights Do People Have After Drunk Driving Crashes?
New Mexico has very clear laws that make it illegal to drive after consuming a certain amount of alcohol. The age of the driver and the type of vehicle that they operate will determine the maximum blood alcohol concentration (BAC) that they can have while driving before they risk incurring criminal consequences.
Anyone who is either over the legal limit or visibly affected by alcohol or drugs could face arrest and prosecution. Unfortunately, many drunk drivers manage to avoid detection until after they cause a crash and leave someone injured. Innocent people often end up hurt or grieving the loss of a family member because someone drove after drinking. Thankfully, New Mexico also has laws in place that allow those affected by drunk driving in these ways to seek justice. These are some of the types of compensation that are potentially accessible to those affected by harm caused by drunk driving in New Mexico.
A car insurance claim
Typically, the party at fault for the crash will provide insurance coverage for the people affected. Their policy can cover hospital bills, lost wages and vehicle repair invoices. Occasionally, people may also have the option of filing a claim against their own coverage if they carry comprehensive coverage or underinsured motorist protection.
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A personal injury lawsuit
There are several kinds of personal injury lawsuits that could potentially be possible after a drunk driving crash. The people affected by the collision could bring a claim against the drunk driver in civil court. They could request compensation for any damages not covered by the insurance of that driver. If the drunk driver was working at the time of the crash, it may be possible to hold their employer accountable for some of the consequences of the collision. New Mexico also has a dram shop law that can make businesses responsible for drunk driving crashes if they served alcohol improperly.
Every licensed business that serves alcohol in New Mexico has to abide by certain standards, including not serving alcohol to those under the age of 21 and not providing additional beverages to someone who is visibly impaired already. If a person goes on to cause a crash after receiving inappropriate alcohol service at a business, the company that provided them with the alcohol could have partial liability for the collision. Especially when a crash caused by a drunk driver leads to serious injury and personal consequences, the people affected might need to look into every opportunity to cover their expenses. Learning more about the rules that protect those who have been harmed in motor vehicle collisions by speaking with a legal professional may benefit those who are trying to recover from a recent wreck.
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