Winter Personal Injury Accidents in New Mexico: What You Need To Know

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Richard J. Valle
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Criostoir (Chris) O'Cleireachain
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Matthew J. Zamora
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Andrea D. Harris
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New Mexico typically experiences dry and mild winters, but sudden winter storms can create hazardous conditions that increase the risk of serious injuries. The recent snow squall in southern New Mexico is a perfect example of how quickly the weather can shift, leading to dangerous conditions, unexpected disruptions, and heightened safety risks. From vehicle accidents on icy roads to slip-and-fall injuries, exposure-related health concerns, and workplace hazards, winter weather can pose significant dangers—especially in areas where severe storms are less frequent.

In this article, we’ll share the different types of winter-related personal injuries and their legal implications. Understanding these risks of personal injury and knowing your legal options can ensure you have a fighting chance of receiving fair compensation for your accident or injuries.

Snow Squalls, Black Ice, and Poor Visibility

One of the most dangerous things about winter weather is black ice, which forms when temperatures suddenly drop and form a thin layer of ice on roads and walkways. Unfortunately, black ice is very difficult to see, and drivers may not even realize they are driving over ice until they find themselves suddenly skidding or becoming involved in a collision.

Additionally, blizzard-like conditions (even for a short period of time) can drastically impact your visibility. As it did in this January 9th storm in __, it can contribute to pile-ups of multiple vehicles, leave drivers stranded and injured, and impact the speed at which medical assistance can arrive to help.

Common Winter Personal Injury Accidents in New Mexico

Vehicle Accidents

Car accidents and trucking accidents are the most common winter personal injury accidents in New Mexico. When the roads become icy, snow-covered, and hard to see, drivers can find themselves involved in collisions, including:

  • Single-Car Accidents: caused by sliding off of the road
  • Multiple-Car Accidents: pileups can frequently happen in these conditions due to poor visibility and the increased frequency of sudden stops
  • Trucking Accidents: semi-trucks traveling on highways with long stretches of roads, bridges that ice over quicker than roads, intersections, and on-ramps and exit-ramps on highways can become quite dangerous for truck drivers

Pedestrian Slip and Fall Incidents

Pedestrians can face increased risks during winter weather, especially in areas with poorly maintained sidewalks, parking lots, and entryways.

These falls can lead to severe injuries, such as broken bones, concussions, and spinal injuries that may require hospitalization or long-term recovery. Elderly individuals are at an increased risk in these conditions from even minor falls.

For example, if you’re 20% at fault in a slip-and-fall, the court will reduce your compensation by 20%. You need to prove the defendant's fault and how much responsibility you share. This makes it even more important to have strong evidence to meet the burden of proof. 

Workplace Injuries

Mail carriers, construction workers, delivery drivers, snowplow operators, utility workers, and outdoor laborers are all at increased risk of injuries in the workplace. Some instances include slipping and falling due to icy or wet surfaces, falling from ladders or lifts, getting injured from maneuvering equipment during severe weather, or having to drive on unsafe roads to respond to emergencies. Employers need to take extra precautions to ensure their workers stay safe during severe weather.

Liability in Winter Personal Injury Cases

Determining Fault in Car Accidents

When winter weather is involved, it can be difficult to determine who is at fault for a traffic accident. However, drivers are still expected to adjust their behavior to account for poor road conditions. Speeding, tailgating, failing to use headlights or signals, and other negligent driving behaviors can result in becoming liable for winter weather accidents. Cities may also be held liable to a certain extent for failing to maintain their public roads.

Premises Liability for Slip-and-Fall Cases

A property owner has a legal obligation to keep their premises reasonably safe and accessible to the public, including clearing snow and ice from their entrances and walkways. In the state of New Mexico, the laws can vary depending on the type of property; however, failing to adhere to the proper caretaking of their property during icy conditions can make the property owner at fault for any injuries that result from a fall.

Employer Responsibility for Workplace Safety

Employers must follow safety laws and regulations that protect workers during winter weather. This can include providing the proper equipment, proper footwear, making sure outdoor work areas are safe and clear of ice, and implementing policies to prevent cold weather related injuries. If the employer fails to meet these requirements and an employee becomes injured, the employer may be found at-fault and be responsible for the damages.

What To Do After Winter Personal Injury Accidents in New Mexico

Document the Scene of the Injury

This process can easily be forgotten in the heat of the moment, but it is crucial that you have photos and documentation of the scene and events of the accident. This documentation can make a world of difference in being able to prove fault, file a claim, and in some cases to be able to potentially deny and defend yourself from being wrongfully held liable.

Seek Medical Attention

Even if symptoms appear to be minor, it is important to seek medical attention immediately. Some symptoms may not be apparent right away but could lead to something more severe if you do not get evaluated by a medical professional. Additionally, getting a medical evaluation will create a record of your injuries, which you can use to support your personal injury claim.

File An Incident or Police Report

If you are in a car or trucking accident, always contact law enforcement and file a report with the police. For incidents on properties, be sure to file an incident report with the property owner or employer when it occurs.

Contact A Personal Injury Attorney

An experienced team of personal injury attorneys will be able to help you navigate the legal process of winter personal injury accidents in New Mexico.

At VOZH, we have successfully helped many clients get the compensation and justice they deserve for their personal injuries. By entrusting a team of expert personal injury lawyers, you can rest assured that you’re getting a team who clearly understands the New Mexico laws and court processes for these incidents, will adamantly work with insurance companies, and has additional experience in medical and civil rights laws to fight for you and get you the justice and compensation you’re entitled to.

How VOZH Can Help You with Your Winter Personal Injury Accident Claim

We will work with you to gather the necessary evidence for your claim, such as weather reports, photos and documentation of the accident scene, witness statements, and any other important information that pertains to building a strong case.

Insurance companies may try to belittle your claim or deny fault, arguing that the accident was unavoidable due to the weather. We will handle negotiations with them to ensure you receive fair compensation for your injuries.

We will also fight for any damages that came about due to the injury, such as medical expenses, lost wages, pain and suffering, and property damage.

If a fair settlement cannot be reached, you can rest assured that we will advocate for your rights. At VOZH, we treat every case we take on with the expectation of going to court to ensure you receive justice, fair treatment, and compensation.

How You Can Help Prevent Winter Personal Injuries in New Mexico

Winter Driving Tips

  • Avoid voluntarily driving when road conditions are unsafe because of snow, ice, or reduced visibility
  • Reduce your speed, increase your following distance, and do not drive while distracted
  • Prevent skidding on the road by avoiding sudden braking or acceleration
  • Keep an emergency kit in your vehicle in case you are stranded or need to help others

Property Maintenance Tips

  • Regularly clear driveways, entrances, and walkways of snow and ice
  • Put down salt or sand on slippery areas to improve traction and help prevent falls

Workplace Safety Measures

  • Ensure work areas are treated and free of ice and slippery surfaces
  • Provide proper safety gear, such as non-slip footwear or equipment necessary for outdoor tasks

Get A Free Legal Consultation

Winter personal injury accidents in New Mexico can have serious consequences for drivers, pedestrians, and people in the workplace. By understanding your legal rights and the necessary steps to take if you or a loved one has been injured, you can best be prepared to fight for the justice and compensation you deserve for the injury.

Don’t let your voice go unheard or your rights be forgone by people who are willing to take advantage of your situation and deny responsibility for your injury. If you believe you have a case, contact our experienced personal injury attorneys for a free consultation.

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