Albuquerque Pedestrian Acccident Lawyer
Being struck by a vehicle can turn your life upside down in seconds. Serious injuries. Mounting medical bills. Time away from work. And the driver who hit you? Their insurance company already has a team working to pay you as little as possible.
If you don’t act quickly, you could walk away without the compensation you need to recover even when the driver was entirely at fault. At Runion Personal Injury Lawyers, our Albuquerque pedestrian accident lawyers are here to fight back. We know how insurers operate, how to build an airtight case, and how to pursue every dollar you’re owed.
$50+ Million Recovered
Do You Have a Valid Case ?
Not every accident automatically results in a successful claim. To pursue compensation, our team must establish four key legal elements on your behalf.
- Duty of care: Every driver in New Mexico has a legal obligation to operate their vehicle safely and remain alert to pedestrians. This duty is especially clear at crosswalks, intersections, and in areas with heavy foot traffic.
- Breach of duty: A breach occurs when a driver fails to meet that standard — by speeding, running a red light, driving under the influence, or failing to yield to a pedestrian in a crosswalk. Under NMSA § 66-7-334, drivers are required by law to yield to pedestrians who are in a crosswalk.
- Causation: We must show that the driver’s breach of duty directly caused your injuries. It’s not enough that the driver acted negligently — their actions must be the reason you were hurt.
- Damages: You must have suffered actual harm as a result of the accident. This includes physical injuries, medical expenses, lost income, and pain and suffering.
If you’re unsure whether your situation meets these elements, don’t try to figure it out alone. Our Albuquerque pedestrian accident lawyers offer a free consultation to evaluate your case at no cost or obligation.
Our Albuquerque pedestrian accident attorneys are available 24/7 — call (505) 587-5956 or contact us online for your free consultation.
Damages You Can Recover
If your case is successful, you may be entitled to compensation for a range of losses. New Mexico law allows injured pedestrians to recover the following types of damages:
- Economic damages: These cover your measurable financial losses, including medical bills, hospital stays, rehabilitation costs, lost wages, and future loss of earning capacity if your injuries prevent you from returning to work.
- Non-economic damages: These compensate you for losses that don’t come with a price tag — physical pain, emotional distress, loss of enjoyment of life, and the impact your injuries have on your daily relationships and activities.
- Punitive damages: In cases where the at-fault driver acted with reckless disregard for others — such as driving while heavily intoxicated — the court may award punitive damages. These are not intended to compensate you but to punish the wrongdoer and deter similar conduct.
New Mexico follows a pure comparative negligence rule under NMSA § 41-3A-1. This means that even if you were partially at fault for the accident — for example, if you crossed outside a marked crosswalk — you can still recover compensation. Your award will simply be reduced by your percentage of fault.
What Can I Expect to Pay?
Nothing upfront. Not a single dollar.
At Runion Personal Injury Lawyers, we work exclusively on a contingency fee basis. That means you pay no legal fees unless we win your case. There are no hourly rates, no retainers, and no surprise invoices while your case is ongoing. When we do recover compensation on your behalf, our fee comes as a percentage of that settlement or award standard practice across personal injury law. But what sets Runion apart is our Net Recovery Guarantee: you will always take home more than you pay in legal fees. No exceptions. No fine print.
We also offer a free, no-pressure consultation to review your case before you commit to anything. You have nothing to lose by reaching out and potentially everything to gain.
Speak to an Albuquerque Pedestrian Accident Lawyer Today
Pedestrian accident claims move fast and so do insurance companies. The driver’s insurer is already building their case. You need an attorney who knows their tactics and isn’t afraid to fight back.
Runion Personal Injury Lawyers is available 24 hours a day, 7 days a week.
400 Gold Ave SW, Suite 650
Albuquerque, NM 87102
📞 (505) 594-3621
No fees unless we win. Free consultation. Available 24/7.
Who Can You Hold Liable in a Pedestrian Accident?
Pedestrian accidents are not always straightforward. While the driver who struck you is often the primary at-fault party, liability in these cases can extend to multiple people or entities. Our team investigates every angle to identify all responsible parties and maximize your recovery.
- Negligent drivers: Most pedestrian accidents in Albuquerque involve a driver who was speeding, distracted, impaired, or failed to yield the right of way. Speed contributes to over 40% of deadly pedestrian crashes in Albuquerque, and alcohol is a factor in more than half.
- Employers: If the driver who hit you was working at the time of the accident making a delivery, driving a company vehicle, or otherwise acting within the scope of their employment their employer may share liability under the legal doctrine of vicarious liability.
- The City of Albuquerque or NMDOT: Dangerous road design, missing sidewalks, inadequate crosswalk lighting, and poorly timed traffic signals can all contribute to pedestrian fatalities. If a government entity’s negligence played a role in your accident, they may be held accountable. Important: Claims against government entities in New Mexico require a formal notice of claim within 90 days of the accident under the NM Tort Claims Act (NMSA § 41-4-16). Missing this window can permanently bar your right to sue.
- Property owners: If your accident occurred in a parking lot, near a private driveway, or in an area where inadequate lighting or obstructed sightlines on private property contributed to the crash, the property owner may bear some responsibility under premises liability law.
- Other negligent parties: In some cases, a third party such as a vehicle manufacturer (defective brakes or headlights) or a contractor responsible for a poorly marked construction zone may share fault.
Identifying every liable party matters. Insurance policies have limits, and spreading liability across multiple defendants can significantly increase the compensation available to you. Our Albuquerque pedestrian accident attorneys know where to look.
What to Do After a Pedestrian Accident in Albuquerque?
If you’ve been struck by a vehicle, the decisions you make in the days and weeks that follow can have a major impact on the outcome of your claim. Here’s what to do once the immediate emergency has passed and you’re in a position to take action.
- Contact Runion Personal Injury Lawyers. The sooner you have legal representation, the better positioned you are. We can begin preserving evidence, identifying witnesses, and protecting your rights before critical information disappears.
- Get proper medical care — and follow through with it. See a doctor even if your injuries seem minor. Many serious injuries, including traumatic brain injuries and internal bleeding, don’t show obvious symptoms right away. Attend every follow-up appointment and follow your doctor’s treatment plan. Gaps in care give insurers an excuse to downplay your injuries.
- Do not give a recorded statement to the insurance company. The at-fault driver’s insurer may contact you quickly and ask for a recorded account of what happened. Politely decline and refer them to your attorney. Anything you say can be used to minimize your payout.
- Preserve all evidence. Keep copies of your medical records, bills, and receipts. Hold onto any clothing you were wearing at the time of the accident. Save all correspondence with the insurance company. Do not repair or replace damaged property before it’s been documented.
- Stay off social media. Insurance adjusters routinely monitor the social media accounts of claimants. A single photo or post — even something innocuous — can be taken out of context and used to dispute the severity of your injuries.
- Do not accept the first settlement offer. Initial offers from insurance companies are almost always lower than what your claim is actually worth. Once you accept and sign a release, you typically cannot go back for more.
- Be careful with all written communications. Avoid making any statements — in emails, texts, or letters — that could be interpreted as admitting fault or minimizing your injuries. Let your attorney handle communications with the insurer.
- If a government vehicle or dangerous road was involved, act immediately. If the City of Albuquerque or NMDOT may bear liability, you have only 90 days to file a notice of claim. This deadline cannot be extended. Call us right away.
Don’t wait. Evidence disappears, deadlines approach, and insurance companies work fast. Call our Albuquerque pedestrian accident lawyers at (505) 587-5956 today.
Derick Runion
“The goal is to resolve all of our clients’ cases without the need to file a lawsuit because we’re sensitive to the amount of time and the stress that it can cause in our clients’ lives going through that process.”
Evidence Is Critical to Your Pedestrian Accident Claim
A pedestrian accident claim is only as strong as the evidence behind it. The more documentation your attorney has, the better your position at the negotiating table and in court, if it comes to that.
Key evidence in a pedestrian accident claim includes:
- Police report: The official APD or State Police incident report documents the basic facts of the accident, including witness information, road conditions, and any citations issued to the driver. Request a copy as soon as possible.
- Medical records: Every visit, diagnosis, prescription, and treatment record ties your physical injuries directly to the accident. These are essential to calculating both your economic and non-economic damages.
- Photographs and video: Photos of the scene, your injuries, the vehicle, road conditions, signage, and crosswalk markings can be powerful. Surveillance footage from nearby businesses, traffic cameras, and dashcam recordings can also be decisive but must be obtained quickly before footage is overwritten.
- Eyewitness statements: Bystanders, other drivers, or pedestrians who saw the accident can corroborate your account. Witness memories fade quickly, so gathering contact information early is critical.
- Expert testimony: In complex cases, we may engage accident reconstruction specialists, medical experts, or traffic safety engineers to provide authoritative analysis of how and why the crash occurred.
- Electronic data: The at-fault driver’s phone records (to establish distracted driving), vehicle black box data (to confirm speed), and GPS records can all strengthen your claim.
We know that gathering all of this is the last thing on your mind when you’re dealing with injuries and recovery. That’s exactly why you have us. Our team handles the evidence-gathering process from start to finish, so you can focus on getting better while we build your case.
CONTACT OUR ALBUQUERQUE PEDESTRIAN ACCIDENT LAWYERS TODAY
Being struck by a vehicle as a pedestrian can leave you facing mounting medical bills, lost wages, and a long, painful recovery. At Runion Personal Injury Lawyers, our Albuquerque pedestrian accident attorneys understand the unique challenges of these cases. We are ready to handle the insurance negotiations and legal complexities for you, allowing you to focus on healing while we fight to secure the maximum compensation you deserve for your injuries.
How Long Do You Have to File a Claim?
Time is not on your side after a pedestrian accident in New Mexico. The law places strict limits on how long you have to pursue compensation.
In New Mexico, the statute of limitations for personal injury claims is three years from the date of the accident under NMSA § 37-1-8. If you do not file a lawsuit within that window, you will likely lose your right to any compensation — permanently.
However, there are important exceptions and shorter deadlines to be aware of:
- Claims against government entities: If the City of Albuquerque, NMDOT, or any other government body bears responsibility for your accident — whether through a negligent government driver or a dangerously designed roadway — you must file a formal notice of claim within 90 days of the accident under the New Mexico Tort Claims Act (NMSA § 41-4-16). This is a hard deadline. Missing it will bar your claim against that entity entirely.
- Claims involving minors: If the injured party is under 18, the three-year statute of limitations may not begin until they turn 18. However, the 90-day government notice requirement may still apply.
- Delayed injury discovery: In rare cases where injuries were not immediately apparent, the clock may begin from the date the injury was reasonably discovered.
Three years may feel like plenty of time, but the reality is that evidence disappears, witnesses move on, and building a strong case takes time. The sooner you contact an Albuquerque pedestrian accident lawyer, the better your chances of a full recovery.
Don’t let a deadline end your case before it starts. Contact Runion Personal Injury Lawyers today at (505) 587-5956 or reach us online.
Frequently Asked Questions
Can I still recover compensation if I was partially at fault for the accident?
Yes. New Mexico follows a pure comparative negligence rule, which means your fault does not bar you from recovering compensation. If you were 30% at fault for the accident, you can still recover 70% of your total damages. Even pedestrians who crossed outside a marked crosswalk or against a signal may still have a valid claim.
What if the driver who hit me was uninsured or fled the scene?
You still have options. If you carry uninsured motorist (UM) coverage on your own auto policy, it may cover your injuries even as a pedestrian. In hit-and-run cases, your own UM coverage or the at-fault party’s eventual identification through investigation may be the path to recovery. Our team will review all available coverage options during your free consultation.
How long will my pedestrian accident case take to resolve?
Most pedestrian accident cases in New Mexico settle without going to trial, typically within several months to over a year depending on the severity of injuries and the insurer’s willingness to negotiate fairly. Cases involving catastrophic injuries or disputed liability can take longer. We keep you informed at every stage so you’re never left wondering where things stand.
My accident happened on a poorly lit city street can I sue the City of Albuquerque?
Potentially, yes. If dangerous road design, missing streetlights, or a lack of safe crossing infrastructure contributed to your accident, the City of Albuquerque or NMDOT may bear partial liability. However, you must file a formal notice of claim within 90 days of the accident under the NM Tort Claims Act. Government liability cases are complex contact us immediately if you believe the city’s infrastructure played a role.
What if I was hit in a parking lot rather than on a public road?
Pedestrian accident claims are not limited to public streets. If you were struck in a private parking lot, near a commercial property entrance, or on private land, the property owner or business may share liability if poor lighting, obscured visibility, or unsafe conditions contributed to the accident. New Mexico premises liability law may apply in these situations alongside the driver’s negligence.
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Case Results
Over $50 Million recovered
$1,250,000
- Car Accident
Runion Personal Injury Lawyers filed suit against a company whose superintendent collided with our client’s vehicle necessitating neck and back surgery. Our firm obtained policy limits in the amount of $1.25 million from the company and its superintendent.
$600,000
- Car Accident
Our client was involved in a serious collision while driving her vehicle, resulting in head trauma and other injuries. Runion Personal Injury Lawyers presented scientific evidence to link her aneurysm to the automobile collision and obtained a $600,000.00 settlement for the client.
What Our Clients Say
After my car accident I was knee deep in medical bills and insurance claim paperwork. Runion personal injury lawyer has some of the best lawyers for car accidents. They worked professionally and in a timely matter to make all the paperwork and process for the injury claim to go a lot faster. Didn’t have to fight the insurance to deal with this rear end accident. I love how quickly they got me a great settlement and always kept in touch with me and kept me up to date on everything. I thought I was going to be at a complete lost but thanks to some of the best lawyers especially in New Mexico they got me a great settlement when the insurance was make it a hassle. Definitely if you need a lawyer in New Mexico go with Runion personal lawyer.
Tay
Great personal injury lawyer! I was in a car accident at work in New Mexico and had problems. I had to move back to California and Runion Personal Injury Lawyers was still able to work with me. They were very friendly and kind and easy to work with. Got me a quick settlement back and it was what I was expecting. If you’re looking for a personal injury lawyer I highly recommend Runion.
Cameron Ingram
Working With Us Is Easy And No-Risk
Get Better. Get Compensated. Get Justice.
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