If you’ve been injured in an accident in New Mexico, Attorney911 is here to fight for you. We understand the unique challenges and devastating impact a motor vehicle accident can have on your life and the lives of your family here in New Mexico. From unexpected medical bills and lost wages to the emotional toll of recovery, the aftermath of a car crash can feel overwhelming. That’s why we, The Manginello Law Firm, are dedicated to providing comprehensive legal support to victims across New Mexico and throughout Texas.
At Attorney911, we know that an accident can happen anywhere, at any time, even on the quiet roads or bustling intersections of New Mexico. The Texas Department of Transportation (TxDOT) reported that a crash occurs every 57 seconds across the state, resulting in 251,977 people injured and 4,150 fatalities in 2024 alone. These aren’t just numbers; they represent real people, real families, and real suffering. When such an event disrupts your life, you need more than just a lawyer; you need a legal emergency team who understands your plight and is ready to act with proven experience. Ralph Manginello, our managing partner, brings over 25 years of experience to every case, ensuring that New Mexico residents receive aggressive, knowledgeable representation.
Immediate Action After a Motor Vehicle Accident in New Mexico
After an accident in New Mexico, your actions in the first 48 hours are crucial. Your well-being is paramount, but preserving evidence is equally vital for your legal case.
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders,” recounts Stephanie Hernandez, a client who experienced firsthand the compassionate and immediate response from our team. We understand that in the chaos of an accident, it’s easy to feel lost, but we are here to guide you.
Within the First 6 Hours: Your Immediate Crisis Response
Immediately after an accident in New Mexico, adrenaline can mask pain, leading you to believe you’re fine when you’re not. This is why seeking medical attention is always the first step, even if you don’t feel injured.
- Safety First: If possible, move your vehicle to a safe location away from oncoming traffic.
- Call 911: Report the accident to local New Mexico authorities and request emergency medical services if anyone is injured. A police report is vital for your case.
- Seek Medical Attention: Go to the nearest emergency room or urgent care clinic in New Mexico. Delayed treatment can be used by insurance companies to argue your injuries aren’t accident-related.
- Document Everything: Use your phone to take photos and videos of the accident scene, vehicle damage from all angles, road conditions, traffic signals, and any visible injuries you or your passengers sustained.
- Exchange Information: Collect the other driver’s name, contact details, insurance information, and license plate number.
- Identify Witnesses: Ask any bystanders for their contact information and what they observed.
- Call Attorney911: Right from the scene, or as soon as you are safe, call 1-888-ATTY-911 for immediate legal guidance before speaking with any insurance companies.
As client Donald Wilcox wisely advises, “One company said they would not accept my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” Don’t let an insurer’s initial rejection deter you.
Within 6-24 Hours: Preserving Critical Evidence in New Mexico
The window to preserve crucial evidence closes quickly. Surveillance footage, witness memories, and physical evidence can all disappear.
- Preserve Digital Information: Save all texts, calls, photos, and videos related to the accident. Do not delete anything. Consider emailing copies to yourself for backup.
- Gather Physical Evidence: Keep any damaged clothing, eyewear, or personal items. Hold off on vehicle repairs until after a thorough assessment.
- Secure Medical Records: Obtain copies of your ER and hospital records, and schedule a follow-up appointment with your primary care physician in New Mexico within 24-48 hours.
- Avoid Insurance Companies: Do not give recorded statements, sign any documents, or accept settlement offers from any insurance company, especially the other driver’s. Refer them to us.
- Protect Your Online Presence: Immediately set all social media profiles to private. Do not post about the accident, your injuries, or your activities. Insurance companies are watching.
Within 24-48 Hours: Making Strategic Decisions for Your Case
With our team at Attorney911 by your side, you can make informed decisions aimed at maximizing your recovery.
- Legal Consultation: We offer a free consultation for New Mexico residents. Have your documentation ready when you call so we can begin building your case.
- Insurance Correspondence: We will handle all communication with insurance companies on your behalf. “My attorney will be in touch” is the only response you need to give them.
- Expert Review: We ensure you don’t accept any premature, lowball settlement offers that fail to cover the full extent of your current and future needs.
Week One Priorities:
- Consistent Medical Care: Continue follow-up treatments and see specialists as recommended. Gaps in treatment can significantly harm your claim.
- Thorough Investigation: We will obtain the police report, send preservation letters to all parties, and secure surveillance footage before it’s deleted, which can happen within 7-30 days.
The New Mexico Motor Vehicle Accident Landscape
New Mexico, a state known for its scenic beauty and diverse landscapes, unfortunately, is not immune to the dangers of motor vehicle accidents. Our highways, like I-10, I-40, and I-25, see significant traffic, contributing to a substantial number of crashes each year. Understanding the state’s traffic patterns, local roads, and cultural dynamics is crucial for effective legal representation.
Whether you are on a busy street in Albuquerque or a rural road near Las Cruces, the legal framework governing motor vehicle accidents in Texas protects your rights, but it can be complex. That’s where The Manginello Law Firm comes in. We apply our extensive knowledge of Texas law to every case, fighting tirelessly for the people of New Mexico.
The Attorney911 Advantage: Fighting for New Mexico Accident Victims
When you or a loved one is injured in an accident in New Mexico, you need a law firm that combines deep legal expertise with an aggressive, client-focused approach. That’s precisely what Attorney911, a trade name of The Manginello Law Firm, PLLC, offers. We are not just any law firm; we are your Legal Emergency Lawyers™.
Advantage 1: Insurance Defense Insider Knowledge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” This isn’t just a statement; it’s our nuclear advantage. Lupe spent years working for the insurance companies, understanding their tactics, their valuation methods, and their strategies to minimize payouts. Now, he uses that invaluable insider knowledge to fight for you, the victim.
In New Mexico, this means we anticipate their moves, counter their lowball offers, and expose their attempts to deny you fair compensation. We know how they use software like Colossus to undermine your claim, because Lupe helped them do it. Now, he’s on your side, using that very same knowledge to beat them.
Advantage 2: Multi-Million Dollar Results and Proven Track Record
Our firm has a demonstrated history of securing substantial compensation for our clients across Texas, including cases that have changed lives. Our results speak volumes:
- “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.” This catastrophic injury case showcases our ability to handle complex and severe damages.
- “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.” This result highlights our dedication to fighting for victims facing life-altering injuries and complicated medical situations.
- “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.” We understand the devastation of losing a loved one and fight for justice for grieving families.
- “In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement.” This demonstrates our commitment to thorough investigation, even in specialized areas like maritime law.
These results are not just numbers; they represent comprehensive recoveries that allow our clients to rebuild their lives after tragic accidents. When you’re facing serious injuries in New Mexico, trust a firm with a proven track record.
Advantage 3: Federal Court Experience and Complex Litigation Capability
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas, providing us with the crucial capability to handle federal cases.
- BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation.” This experience highlights our ability to take on massive corporations in highly complex, multi-party litigation, a skill set directly applicable to major trucking accidents or defective product cases in New Mexico.
Advantage 4: Personal Attention and Client-Centered Approach
Many firms treat clients like case numbers, but at Attorney911, you are part of our family.
- As Chad Harris eloquently put it, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
- Ambur Hamilton recounts, “I never felt like ‘just another case’ they were working on.”
- Dame Haskett appreciates that “Ralph reached out personally,” and noted “Consistent communication and not one time did i call and not get a clear answer.”
We pride ourselves on direct communication and dedicated support. You will work directly with Ralph Manginello or Lupe Peña, ensuring you receive the highest level of legal counsel and personal care throughout your case in New Mexico.
Advantage 5: Contingency Fee – No Risk to You
The last thing you need after an accident in New Mexico is more financial stress. That’s why we operate on a contingency fee basis: “We don’t get paid unless we win your case.”
- Free consultation to discuss your case.
- No upfront costs or hourly billing.
- We advance all case costs, from investigations to expert witness fees.
- You only pay us if we successfully recover compensation for you. You may still be responsible for court costs and case expenses regardless of outcome. Free consultation available to discuss fee structure.
This approach ensures that every New Mexico resident, regardless of their financial situation, can access top-tier legal representation.
Comprehensive Motor Vehicle Accident Coverage in New Mexico
Motor vehicle accidents in New Mexico come in many forms, each presenting its own unique legal and investigative challenges. The Manginello Law Firm, Attorney911, has extensive experience handling a wide array of accident types across Texas, ensuring that no matter the circumstances of your crash in New Mexico, we are prepared to fight for you.
Car Accidents in New Mexico
Car accidents are, unfortunately, a daily occurrence across Texas, including in New Mexico. TxDOT reported 251,977 people injured in motor vehicle crashes in 2024, with a crash occurring every 57 seconds. Even for drivers in New Mexico, these statistics underscore the constant vigilance required on our roads.
Common causes of car accidents in New Mexico mirror statewide trends: distracted driving (contributing to 380 deaths in 2024), speeding, failure to yield, running red lights, and driving under the influence. Whether you’re on a local New Mexico road or a major highway like I-40, negligence can lead to devastating consequences.
Common injuries from car collisions range from whiplash and soft tissue injuries to more severe herniated discs, broken bones, traumatic brain injuries (TBI), and spinal cord injuries. Our case involving a client whose leg was injured in a car accident and later required a partial amputation due to staff infections, ultimately settling in the millions, exemplifies the severe outcomes we often confront. If you’ve been rear-ended in New Mexico, like client MONGO SLADE, who said, “I was rear-ended and the team got right to work…I also got a very nice settlement,” we are ready. If your car was a total loss, Attorney Manginello and Leonor can help you recover, as Kiimarii Yup experienced: “I lost everything… my car was at a total loss and and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.”
We bring Ralph Manginello’s 25+ years of experience and Lupe Peña’s insider insurance knowledge to every car accident case in New Mexico, ensuring that insurance companies cannot undervalue your claim or deny you the compensation you deserve. We don’t get paid unless we win your case.
18-Wheeler & Trucking Accidents in New Mexico
The sheer size and weight of an 18-wheeler (up to 80,000 lbs) compared to a passenger car (around 4,000 lbs) mean that accidents involving commercial trucks are almost always catastrophic. New Mexico, with its major interstate corridors, sees its share of these devastating crashes.
Texas experienced 39,393 commercial motor vehicle crashes in 2024, resulting in 608 fatalities and 1,601 serious injuries. Tragically, Texas accounts for 11% of all fatal truck crashes nationwide. These aren’t minor fender-benders; they are often life-altering or fatal.
Trucking accidents involve complex federal regulations from the FMCSA, including stringent Hours of Service (HOS) rules (e.g., maximum 11 hours driving after 10 hours off-duty), mandatory Electronic Logging Devices (ELDs), and strict driver qualification standards. Violations of these rules can establish negligence per se, a critical legal advantage. We have recovered millions in trucking wrongful death cases, demonstrating our capability against such powerful corporations. When a tragic event occurs on New Mexico’s highways, we are ready to fight.
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation,” which underscores our commitment to these complex, high-stakes cases. Ralph Manginello’s admission to federal court (U.S. District Court, Southern District of Texas) further strengthens our ability to handle these cases, which often involve federal jurisdiction. Our involvement in the BP explosion litigation also proves our capacity to take on billion-dollar corporations. Critically, ELD data and black box information can be overwritten in as little as 30-180 days, making immediate action crucial in any New Mexico trucking accident. Call 1-888-ATTY-911 immediately; evidence disappears.
Drunk Driving Accidents in New Mexico
Drunk driving accidents are 100% preventable tragedies. In 2024, Texas reported 1,053 alcohol-impaired driving deaths, representing 25.37% of all fatalities. With over 24,000 DWI-related crashes in 2023, the menace of impaired driving is a serious concern, even in New Mexico communities.
Under Texas law (Penal Code § 49.04), a BAC of 0.08% or higher is legally intoxicated. When a drunk driver causes an accident in New Mexico, victims can often pursue punitive damages against the driver due to their gross negligence. Furthermore, Texas’s Dram Shop Act (Texas Alcoholic Beverage Code § 2.02) allows us to hold bars, restaurants, or other establishments liable if they served an “obviously intoxicated” person who then caused a crash. This means multiple avenues for recovery for New Mexico victims.
Signs of obvious intoxication can include slurred speech, bloodshot eyes, unsteady gait, and impaired coordination. Our firm’s legal skills extend beyond civil claims; Ralph Manginello’s membership in the Houston Criminal Lawyers Association (HCCLA) demonstrates our familiarity with the criminal justice system that often accompanies DUI cases. Our firm has a proven track record of fighting DWI charges, including three dismissals involving breathalyzer machine errors, missing evidence, and inconsistent video evidence, which showcases our meticulous investigative capabilities applicable to all accident cases here in New Mexico. We will investigate every angle, including potential dram shop liability, to maximize compensation for you. Contact us at 1-888-ATTY-911 now.
Motorcycle Accidents in New Mexico
Motorcyclists face unique dangers on the roads of New Mexico. In 2024, Texas saw 585 motorcyclist fatalities. A significant portion (37%) of those killed were not wearing helmets, though Texas law requires helmets only for riders under 21, or if you don’t have adequate medical insurance. Insurance companies frequently attempt to blame the motorcyclist in a crash, often invoking Texas’s 51% bar rule for comparative negligence. Lupe Peña’s experience in insurance defense is invaluable here, as he knows precisely how they construct these arguments and how to dismantle them.
Common causes of motorcycle accidents include drivers’ failure to yield right of way, distracted driving, and unsafe lane changes. These accidents disproportionately result in severe injuries or fatalities for riders. If you’re a biker in New Mexico, don’t let insurance companies unfairly place blame on you. Call 1-888-ATTY-911.
Pedestrian Accidents in New Mexico
New Mexico’s vibrant communities encourage walking, but this also means pedestrians are vulnerable. Tragically, in 2024, Texas recorded 6,095 pedestrian crashes, resulting in 768 fatalities. While pedestrians are involved in only 1% of crashes, they account for a staggering 19% of all roadway deaths, underscoring their extreme vulnerability.
A critical legal point our New Mexico clients often overlook is that under Texas law, pedestrians always have the right-of-way at intersections, even at unmarked crosswalks. Insurance companies will rarely volunteer this information. Pedestrian accidents commonly result in severe injuries, including traumatic brain injuries, spinal cord injuries, broken pelvis and legs, internal organ damage, and wrongful death. If a loved one has been injured while walking in New Mexico, immediate action to preserve evidence, like surveillance footage from nearby businesses, is crucial. Call 1-888-ATTY-911 immediately.
Rideshare Accidents (Uber/Lyft) in New Mexico
Rideshare services like Uber and Lyft have transformed transportation in New Mexico, but they also introduce complex insurance challenges when accidents occur. The insurance coverage available depends dramatically on the rideshare driver’s “phase” at the moment of the crash.
- Period 0 (App Off): Personal insurance only (Texas minimum of $30K/$60K/$25K).
- Period 1 (App On, Waiting): Contingent rideshare coverage of $50K/$100K/$25K.
- Period 2 (Accepted Ride, En Route): Full commercial liability – typically $1,000,000.
- Period 3 (Passenger in Vehicle): Full commercial liability – typically $1,000,000.
The majority of injuries in rideshare accidents (58%) affect third parties – other drivers or pedestrians. Understanding these intricate coverage phases is where Lupe Peña’s former insurance defense background becomes a game-changer for our New Mexico clients. He can expertly navigate the complex web of policies to ensure maximum recovery. If you’ve been involved in a rideshare accident in New Mexico, call 1-888-ATTY-911.
Hit and Run Accidents in New Mexico
Being the victim of a hit-and-run accident in New Mexico is infuriating and frightening. Nationally, a hit-and-run occurs every 43 seconds. Texas law treats hit-and-run offenses severely; causing death in a hit-and-run is a second-degree felony, punishable by 2-20 years in prison. Even minor property damage can lead to a Class B Misdemeanor.
For victims in New Mexico, when the at-fault driver is unidentified, your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage becomes critical. We explain this in our YouTube video “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8. Evidence preservation is crucial here; surveillance footage from gas stations and businesses is often deleted within 7-30 days. We send preservation letters immediately to secure this vital evidence. If you’ve been the victim of a hit-and-run in New Mexico, don’t delay. Call 1-888-ATTY-911 now.
Bicycle Accidents in New Mexico
Bicyclists in New Mexico, like pedestrians, are among the most vulnerable road users. In 2024, Texas recorded 78 bicyclist fatalities. Cyclists are often blamed by insurance companies, making Texas’s 51% comparative negligence rule a significant factor. Our attorneys are skilled at countering these arguments to protect the rights of New Mexico cyclists.
Bus Accidents in New Mexico
Bus accidents, whether involving public transit, school buses, or commercial tour buses, can result in numerous injuries. Texas unfortunately leads all states in total bus crashes, with 1,110 recorded in 2024, including 17 fatal crashes. Last year, 2,523 school bus crashes across the state led to 11 deaths and 63 serious injuries. These cases involve complex liability, often against governmental entities or large corporations, in New Mexico.
Construction Zone Accidents in New Mexico
Construction zones are inherently dangerous, and crashes within them are on the rise. In 2024, TxDOT recorded nearly 28,000 crashes in Texas work zones, with 215 deaths—a 12% increase from the previous year. New Mexico, with ongoing infrastructure projects, undoubtedly experiences these risks. Driver distraction and speeding are common culprits. We relentlessly pursue justice for those injured or killed in these preventable incidents.
Delivery Vehicle Accidents in New Mexico
With the surge in online shopping and food delivery, accidents involving delivery vehicles (Amazon, FedEx, DoorDash, Grubhub, Instacart) are increasingly common on New Mexico roads. These cases often involve corporate liability, as seen in a 2024 Georgia case where Amazon was held 85% responsible for a $16.2 million verdict when a child was struck by a delivery van. Amazon’s Delivery Service Partners (DSPs) have been linked to 1,879 crashes in 24 months, with a $105 million verdict against one such DSP. We fight to hold these corporations accountable.
Tesla/Autopilot/FSD Accidents in New Mexico
The promises of autonomous driving technology are alluring, but the reality can be dangerous. Tesla’s Autopilot and Full Self-Driving (FSD) systems have been involved in a disproportionate number of accidents, accounting for 70% of driver-assist crashes reported to NHTSA. Notable fatal crashes and a landmark $240 million jury verdict against Tesla in August 2025 highlight the product liability issues. When a Tesla’s technology fails in New Mexico, leading to injury, we have the expertise and federal court experience to take on a tech giant.
Uninsured/Underinsured Motorist (UM/UIM) Claims in New Mexico
Even if the at-fault driver has no insurance or insufficient insurance, you may still be able to recover compensation through your own UM/UIM policy. UM/UIM can also cover hit-and-run accidents. Texas allows for inter-policy stacking, which can significantly increase available coverage. Lupe Peña’s insurance experience is invaluable in navigating these claims, ensuring your own insurer pays what they owe for your injuries in New Mexico.
Other Motor Vehicle Accidents in New Mexico
Our experience extends to nearly every type of motor vehicle accident that can occur in New Mexico:
- Emergency Vehicle Accidents: Accidents involving ambulances, police cars, or fire trucks have complex liability due to governmental immunity, requiring specific notice requirements.
- Commercial Vehicle Accidents: Beyond 18-wheelers, other commercial vehicles (vans, work trucks) carry higher liability insurance and present corporate defendants.
- Distracted Driving Accidents: From texting to using navigation apps, distracted driving is a leading cause, contributing to 380 deaths in Texas in 2024.
- Weather-Related Accidents: New Mexico’s diverse climate can lead to hazardous driving conditions, from snow and ice in the mountains to heavy rains elsewhere.
- Intersection Accidents: Intersections are frequent points of collision, with 1,050 deaths reported in Texas in 2024 due to red-light running or failure to yield.
- E-Scooter/E-Bike Accidents: As popular modes of transport in New Mexico, accidents involving e-scooters and e-bikes present unique liability questions, often involving product defects or rider negligence.
- Boat/Maritime Accidents: While not land-based, we’ve successfully settled maritime injury cases, demonstrating our capacity to handle specialized incidents if they occur on New Mexico’s waterways—such as our client who injured his back on a ship.
No matter the type of motor vehicle accident you’ve suffered in New Mexico, Attorney911 has the knowledge, resources, and dedication to effectively represent you.
Texas Motor Vehicle Law Framework Applied to New Mexico Victims
Understanding Texas motor vehicle law is crucial for anyone injured in an accident, even if it happens in New Mexico. The legal framework dictates deadlines, how fault is assigned, and the compensation you can recover.
Statute of Limitations: The Critical 2-Year Deadline
Under Texas Civil Practice & Remedies Code § 16.003, if you’ve been injured in an accident in New Mexico, you generally have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the two-year clock starts from the date of death. This is an absolute deadline; miss it, and your case is barred forever, regardless of how severe your injuries are.
This strict deadline is why immediate action is essential for New Mexico residents. As client Nina Graeter puts it, “They moved fast and handled my case very efficiently,” which is critical for preserving your right to compensation. We urge you to watch our YouTube video “Is There a Statute of Limitations?” at https://www.youtube.com/watch?v=MRHwg8tV02c.
Comparative Negligence: The 51% Bar Rule
Texas operates under a modified comparative negligence system with a 51% bar rule (Texas Civil Practice & Remedies Code § 33.001). This means:
- If you are found 50% or less at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault.
- If you are found 51% or more at fault, you recover NOTHING.
Insurance companies in New Mexico will almost always try to assign some percentage of fault to you to reduce their payout. Lupe Peña’s insider knowledge of insurance defense strategies is invaluable here. He spent years making these comparative fault arguments for insurers; now, he uses that experience to dismantle them for our clients. Watch our video “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4.
Texas Minimum Auto Insurance Requirements
All drivers in Texas, including those on New Mexico roads, must carry minimum liability coverage of 30/60/25:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage per accident
Unfortunately, these minimums are often insufficient to cover serious injuries. This highlights the importance of having robust UM/UIM coverage and the complex strategies Attorney911 employs to uncover all available insurance coverage.
Proving Liability & Building Your Case for New Mexico Victims
To secure fair compensation for your injuries in New Mexico, we must meticulously prove the other party’s negligence. This involves demonstrating four key elements:
- Duty of Care: The at-fault driver had a legal obligation to operate their vehicle safely.
- Breach of Duty: They violated this duty through reckless, careless, or unlawful actions.
- Causation: Their breach directly caused your injuries.
- Damages: You suffered actual harm (medical bills, lost wages, pain and suffering).
Types of Evidence We Gather
Our investigative team works to secure every piece of evidence relevant to your New Mexico accident:
- Physical Evidence: Photos of vehicle damage, skid marks, road conditions, and damaged personal property.
- Documentary Evidence: Police reports, 911 calls, traffic camera footage, surveillance videos from New Mexico businesses (often deleted in 7-30 days), medical records, and employment records.
- Electronic Evidence: ELD/black box data from commercial vehicles, GPS logs, and dashcam footage.
- Testimonial Evidence: Witness statements, and expert witness testimony from accident reconstructionists, medical professionals, and economists.
Once you call 1-888-ATTY-911, the Manginello Law Firm immediately sends preservation letters to all parties, legally requiring them to save crucial evidence before it’s destroyed or overwritten.
Multiple Liable Parties
Many accidents in New Mexico can involve more than just one at-fault driver. For example:
- Trucking Accidents: The truck driver, trucking company, cargo loader, or vehicle manufacturer could all share liability.
- Drunk Driving Accidents: The drunk driver and the establishment that over-served them (dram shop liability) could both be responsible.
- Rideshare Accidents: The rideshare driver, the rideshare company (Uber/Lyft), or other at-fault drivers might be liable.
More liable parties often mean more insurance policies, which can increase the potential for higher compensation.
Damages & Compensation for New Mexico Accident Victims
Understanding the full scope of damages you can recover is essential here in New Mexico. We meticulously calculate every loss to ensure you receive comprehensive compensation.
Types of Damages
- Economic Damages (No Cap in Texas): These are quantifiable financial losses, including past and future medical expenses (ER visits, surgeries, physical therapy, long-term care), lost wages (from date of accident to present), lost earning capacity (reduced future income), and property damage.
- Non-Economic Damages (No Cap in Texas, except medical malpractice): These are intangible losses that significantly impact your quality of life, such as physical pain and suffering, mental anguish (anxiety, depression, PTSD), physical impairment, disfigurement (scarring), and loss of enjoyment of life.
- Punitive/Exemplary Damages (Capped): Available in cases of gross negligence, fraud, or malice (common in drunk driving cases), these damages punish the defendant and deter similar conduct. In Texas, punitive damages are capped at the greater of $200,000 or (2x economic damages + 1x non-economic damages, with a $750,000 cap on the non-economic portion).
Settlement Ranges by Injury Type
While every case is unique, here are general settlement ranges based on various injuries:
- Soft Tissue Injuries (Whiplash, Sprains): $15,000 – $60,000 (Higher if long-term pain/restrictions)
- Broken Bone (Simple Fracture): $35,000 – $95,000
- Broken Bone (Requiring Surgery): $132,000 – $328,000
- Herniated Disc (Conservative Treatment): $70,000 – $171,000
- Herniated Disc (Surgery Required): $346,000 – $1,205,000
- Traumatic Brain Injury (Moderate to Severe): $1,548,000 – $9,838,000 (Our client with a brain injury and vision loss from a logging accident secured a multi-million dollar settlement).
- Amputation: $1,945,000 – $8,630,000 (Our client whose leg was injured in a car accident and later required a partial amputation saw their case settle in the millions).
- Wrongful Death (Working Age Adult): $1,910,000 – $9,520,000 (We have recovered millions for families in trucking-related wrongful death cases).
- Spinal Cord Injury/Paralysis: $4,770,000 – $25,880,000 (Lifetime care costs can range from $2.5M to $13M+).
Nuclear Verdicts and Strategic Litigation
Insurance companies fear “nuclear verdicts”—jury awards exceeding $10 million. Texas holds the unenviable distinction of being #1 nationally for nuclear verdicts, with 207 verdicts of $10M+ totaling over $45 billion from 2009-2023. Car accidents alone account for 23.2% of these. Recent examples include a $105 million verdict against an Amazon DSP, and a $44.1 million verdict in an I-35 pileup. Attorney911’s readiness to go to trial, backed by Ralph Manginello’s 25+ years of litigation experience, gives us significant leverage in settlement negotiations, leading to higher offers for our New Mexico clients.
Maximizing Case Value in New Mexico
Many factors can increase the value of your case, including clear liability, severe injuries requiring surgery and long-term care, significant lost wages, and the egregious conduct of the at-fault driver (e.g., drunk driving). Conversely, gaps in medical treatment, pre-existing conditions (though we fight for aggravation of injuries), and social media mistakes can decrease case value. This is why immediate consultation with Attorney911 is crucial.
Insurance Counter-Intelligence for New Mexico Victims: Lupe Peña’s Insider Advantage
Perhaps our most powerful competitive differentiator for New Mexico residents is Lupe Peña’s background. “Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” This isn’t just experience—it’s insider knowledge that we now use to dismantle their strategies and fight for what you deserve.
Tactic 1: The Quick Contact & Recorded Statement Trap
Within days of your accident in New Mexico, an adjuster will likely call, often sounding friendly and helpful. They’ll ask for a “recorded statement” to “process your claim.” What they’re really doing is building a case against you. Every question is designed to elicit information that can be used to minimize your injuries or blame you.
- “You’re feeling better now, though, right?”
- “It wasn’t that bad of an impact, was it?”
- “Were you distracted at all?”
You are never required to give a recorded statement to the other driver’s insurance without an attorney. Giving one without legal counsel almost always harms your case. “We know their questions because Lupe asked them for years.” When you hire Attorney911, all communications go through us; you focus on recovery.
Tactic 2: The Quick Settlement Offer Trap
Insurance companies love to offer a fast, lowball settlement within weeks of an accident, especially when you’re facing mounting medical bills and lost wages in New Mexico. They might offer $2,000-$5,000 and say the offer is “time-sensitive” or “final.” This is a trap. You don’t know the full extent of your injuries yet. If you sign a release, you cannot seek more compensation, even if an MRI later reveals a herniated disc requiring $100,000 in surgery. You would be responsible for those costs. We know these offers are always lowball because Lupe calculated them for years. We never settle until you reach Maximum Medical Improvement (MMI).
Tactic 3: The “Independent” Medical Exam (IME) Scheme
Insurance companies might require you to undergo an “Independent Medical Examination” with a doctor they choose. This doctor is anything but independent. They are paid thousands by insurers to find “no injury,” “minimal injury,” or a “pre-existing condition.” They’ll often spend just 10-15 minutes with you, review records cursorily, and then issue a report that minimizes your injuries and treatment needs.
Lupe knows these specific doctors and their biases because “he hired them for years” when he worked for defense firms. We prepare you thoroughly for these exams and challenge biased reports with our own medical experts.
Tactic 4: Delay and Financial Pressure Tactics
Insurers often delay cases, hoping you’ll become desperate and accept a low offer to cover your bills in New Mexico. They’ll cite “ongoing investigation,” “waiting for records,” or simply ignore calls. They have unlimited resources and no financial pressure, while you face a ticking clock of bills. This strategy works on unrepresented victims.
We counter this by filing lawsuits, setting deadlines, and demonstrating our readiness for trial. “Lupe understands delay tactics because he used them—knows when to push.”
Tactic 5: Surveillance & Social Media Monitoring
Insurance companies hire private investigators to follow you, filming your daily activities in New Mexico to catch you doing anything that contradicts your injury claims. They also aggressively monitor all your social media (Facebook, Instagram, TikTok, etc.), screenshotting posts, photos, and check-ins. They look for any activity, even seemingly innocent ones, to prove you’re “not really injured.”
As Lupe Peña states, “I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”
We advise all our New Mexico clients to make social media private and refrain from posting about their accident or activities during their case.
Tactic 6: The Medical Authorization Trap
Insurance companies will ask you to sign a broad medical authorization to “process your claim.” This is a trap. It grants them unlimited access to your entire medical history, not just accident-related records. They will comb through decades of records to find any old injury or pre-existing condition, then use it to argue your current injuries are not accident-related.
Even with a pre-existing condition, if your accident aggravated it, you are entitled to compensation for the aggravation (the “eggshell plaintiff” rule). They take the victim as they find them. We carefully review and limit all medical authorizations in New Mexico to protect your privacy and your claim.
Colossus Software & Claim Valuation
Lupe Peña’s experience means we understand how insurance companies actually value your claim using systems like Colossus. Used by many major insurers, Colossus is a software that factors in injury codes, treatment types, and costs to generate a settlement range. It is often programmed to undervalue serious injuries, and adjusters are trained to use the lowest possible injury codes. Lupe knows how to beat this algorithm by properly documenting and presenting medical records, ensuring your New Mexico injury claim reflects its true value.
Medical Knowledge: Understanding Your Injuries in New Mexico
At Attorney911, we believe in connecting the legal process with the medical reality of your injuries. Our in-depth understanding of injury types helps us effectively advocate for accurate compensation for our New Mexico clients.
Traumatic Brain Injury (TBI)
TBIs often have delayed symptoms. While some symptoms appear immediately, others like worsening headaches, personality changes, memory problems, and seizures can manifest hours or even days later. Ignoring these delayed symptoms is a mistake. TBIs range from mild concussions to severe injuries with permanent disability and lifetime care needs. Our multi-million dollar settlement for a client with a brain injury and vision loss demonstrates our commitment to securing extensive compensation for these complex injuries.
Spinal Cord Injury (SCI)
SCIs can lead to devastating consequences, including paralysis. We understand the different injury levels (cervical, thoracic, lumbar) and their impact on daily life, from complete quadriplegia (C1-C4) requiring 24/7 care to paraplegia (T1-T12). Lifetime care costs for SCIs can range from millions to tens of millions, and we work with life care planners to ensure future needs are fully covered for our clients in New Mexico.
Amputation
Amputations are life-altering injuries that can result directly from an accident (traumatic amputation) or due to post-accident complications like infection (surgical amputation). Our case where a client’s leg injury from a car accident led to a partial amputation and settled in the millions illustrates our experience with these unique cases. Amputees often face phantom limb pain and require lifelong prosthetic replacements, which are incredibly expensive (up to $100,000 every 3-5 years for advanced prosthetics).
Herniated Disc
Herniated discs are a common, painful injury. Treatment can range from conservative care (physical therapy, injections) to complex spinal surgery (microdiscectomy or fusion), costing upwards of $120,000. Insurance companies often try to link herniated discs to pre-existing conditions, but we fight to prove the accident aggravated or caused the injury.
Soft Tissue Injuries (Whiplash, Sprains)
Whiplash and other soft tissue injuries are frequently undervalued by insurers because they may not show on X-rays. However, they can cause chronic pain, permanent restrictions, and significantly impact your life. We work to properly document and prove the severity of these injuries, countering any attempts by insurance companies to minimize your suffering.
Psychological Injuries (PTSD)
The emotional toll of an accident in New Mexico can be as debilitating as physical injuries. Studies show 32-45% of accident victims develop PTSD symptoms, including driving anxiety, flashbacks, and sleep disturbances. We ensure “mental anguish” and “emotional distress” are fully accounted for in your claim.
Why Attorney911 Is the Choice for New Mexico Motor Vehicle Accidents
When you’re facing the aftermath of a motor vehicle accident in New Mexico, you need a law firm that stands apart. We are not just lawyers; we are your advocates, your guides, and your unwavering support.
Trust Our Experience: Ralph Manginello has practiced law for over 25 years, representing injured Texans across all 254 counties, including here in New Mexico. His federal court admission and experience in BP explosion litigation underscore our ability to handle the most complex cases against powerful defendants.
Benefit from Insider Knowledge: Lupe Peña’s rare background as a former insurance defense attorney means we know the strategies of insurance companies firsthand. This “unfair advantage” ensures we anticipate their moves and protect you from their deceptive tactics.
Proven Results, Not Promises: Our multi-million dollar settlements in cases involving brain injuries, amputations, and wrongful death speak to our aggressive pursuit of justice. We don’t just promise results; we deliver them.
Personalized Attention: We believe in a client-centered approach. As Chad Harris explains, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” You work directly with our experienced attorneys, not an impersonal case manager.
No Upfront Costs or Risks: Our contingency fee model means you pay nothing upfront. We cover all case costs, and you only pay if we win—a true “no fee unless we win” guarantee. You may still be responsible for court costs and case expenses regardless of outcome. Free consultation available to discuss fee structure.
Frequently Asked Questions for New Mexico Accident Victims
1. What should I do immediately after a car accident in New Mexico?
First, ensure safety. If possible, move to a safe location. Call 911 to report the accident to local New Mexico authorities and seek medical attention, regardless of how you feel. Document the scene with photos and exchange information with other drivers and witnesses. Most importantly, call Attorney911 at 1-888-ATTY-911 for immediate legal guidance before speaking to any insurance company.
2. Should I call the police even for a minor accident in New Mexico?
Yes, always. A police report is vital evidence. In Texas, you’re required to report accidents involving injuries, fatalities, or property damage exceeding $1,000. For New Mexico residents, this applies even to minor incidents for proper documentation.
3. Should I seek medical attention if I don’t feel hurt?
Absolutely. Many serious injuries, such as TBIs or herniated discs, have delayed symptoms. Adrenaline can mask pain, leading to a false sense of well-being. Immediate medical evaluation in New Mexico is crucial, as insurance companies often use delays in treatment to argue your injuries are not accident-related.
4. What information should I collect at the scene in New Mexico?
Collect the other driver’s name, contact information, insurance details, and license plate number. Obtain witness names and phone numbers. Take comprehensive photos of vehicle damage, injuries, road conditions, and traffic signals at the New Mexico accident site.
5. Should I talk to the other driver or admit fault?
Only exchange essential information. Do NOT discuss fault, apologize, or offer opinions on what happened. Any statements can be used against you by insurance companies.
6. How do I obtain a copy of the accident report in New Mexico?
You can usually obtain the police report from the New Mexico responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO, not without an attorney. To your own insurance: You have a duty to cooperate, but always call Attorney911 first at 1-888-ATTY-911. We can advise you on your rights.
8. What if the other driver’s insurance contacts me in New Mexico?
Politely state, “I need to speak with my attorney first.” Provide only basic information (name, date of accident). Do not discuss injuries, fault, or give a recorded statement.
9. Do I have to accept the insurance company’s estimate?
No. Their initial estimate is typically a lowball offer, failing to account for the full costs of your repairs or injuries.
10. Should I accept a quick settlement offer?
Never accept a settlement before understanding the full extent of your injuries and their long-term impact. Once you sign a release, you cannot seek additional compensation, even if new medical issues arise.
11. What if the other driver is uninsured/underinsured in New Mexico?
Your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage can provide compensation. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8 for more details.
12. Why does insurance want me to sign a medical authorization?
They seek broad access to your entire medical history to find pre-existing conditions to use against your claim. You should never sign without an attorney reviewing the authorization.
13. Do I have a personal injury case in New Mexico?
You likely have a case if someone else was at fault (even partially), you suffered injuries or damages, and there’s insurance coverage to pursue. You can learn more by watching our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims.
14. When should I hire a car accident lawyer in New Mexico?
Immediately. Evidence disappears quickly, and insurance companies begin building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911 without delay.
15. How much time do I have to file (statute of limitations)?
In Texas, for personal injury cases arising from accidents in New Mexico, you have 2 years from the date of the accident. For wrongful death claims, it’s 2 years from the date of death. Missing this deadline bars your case forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% Modified Comparative Negligence Rule. If you are 50% or less at fault, you can recover damages, reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.
17. What happens if I was partially at fault in New Mexico?
You can still recover if your fault is 50% or less. Your compensation will be proportionately reduced.
18. Will my case go to trial?
Most cases settle before trial. However, Attorney911 prepares every case as if it will go to trial. This readiness gives us leverage during negotiations. You can learn more by watching our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc.
19. How long will my case take to settle?
The timeline varies depending on the severity of your injuries. We do not settle until you have reached Maximum Medical Improvement (MMI), which could take 6 months for minor injuries or 18-24+ months for more serious cases.
20. What is the legal process step-by-step for New Mexico accident claims?
The process typically involves investigation, evidence gathering, medical treatment to MMI, sending a demand letter to the insurance company, negotiation, and potentially filing a lawsuit, discovery, mediation, and trial if necessary. Our video “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs provides a detailed overview.
21. What is my case worth?
Case value depends on injury severity, medical costs, lost wages, permanent impairment, pain and suffering, and available insurance. Cases can range from $15,000 for soft tissue injuries to millions for catastrophic injuries.
22. What types of damages can I recover?
You can recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, mental anguish, physical impairment, disfigurement, loss of enjoyment of life). Punitive damages may also be available in cases of gross negligence.
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a critical component of personal injury cases in Texas, and there is no cap on these non-economic damages (except in medical malpractice).
24. What if I have a pre-existing condition?
You can still recover. If the accident aggravated or worsened your pre-existing condition, you are entitled to compensation for that aggravation under the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is not taxable. However, punitive damages are taxable. We advise consulting a tax professional regarding your specific settlement.
26. How is the value of my claim determined?
Claim value is determined by medical bills, future treatment costs, lost income, permanent impairment ratings, comparable verdicts, and the overall impact on your daily life.
27. How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis: 33.33% before trial and 40% if your case goes to trial. You pay nothing upfront, and we only get paid if we win your case. You may still be responsible for court costs and case expenses regardless of outcome. Free consultation available to discuss fee structure. Learn more here: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc.
28. What does “no fee unless we win” mean?
It means you pay zero legal fees unless we successfully recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 prides itself on consistent communication. As client Dame Haskett stated, “Consistent communication and not one time did I call and not get a clear answer.” We ensure New Mexico clients are informed every step of the way.
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña. As Chad Harris observed, “You are NOT just some client…You are FAMILY to them.” You receive personalized attention from our experienced attorneys.
31. What if I already hired another attorney?
You have the right to switch attorneys if you are unhappy with your current representation. As Greg Garcia noted, “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss your options.
32. What common mistakes can hurt my case in New Mexico?
Common mistakes include giving a recorded statement without an attorney, accepting a quick settlement, delaying medical treatment, having gaps in treatment, posting on social media, and signing releases or authorizations without legal review. Our video “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY offers valuable insights.
33. Should I post about my accident on social media?
ABSOLUTELY NOT. Make all your social media profiles private immediately. Do not post about the accident, your injuries, or activities. Insurance companies monitor everything.
34. Why shouldn’t I sign anything without a lawyer?
Releases are permanent, medical authorizations grant unlimited access to your private health information, and settlement offers are binding. Once you sign, it’s often too late to undo the consequences.
35. What if I didn’t see a doctor right away after my New Mexico accident?
See one NOW. Explain that symptoms were delayed or that you initially underestimated your injuries. Delayed symptoms are common, and we can still help you build your case.
36. What if I have a pre-existing condition?
You can still recover. If the accident in New Mexico aggravated or worsened your pre-existing condition, you are entitled to compensation for that aggravation. The Texas “eggshell plaintiff” rule means the defendant takes the victim as they find them. We work with medical experts to prove the difference the accident made. Lupe knows how insurance companies attack pre-existing conditions, because he used this defense for years; now he defeats it.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
Yes. You can fire your attorney at any time. If your lawyer isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys who couldn’t deliver, as client Angel Walle attests, “They solved in a couple of months what others did nothing about in two years.” Call 1-888-ATTY-911 to discuss switching in New Mexico.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Even your own Uninsured/Underinsured Motorist (UM/UIM) insurer might fight your claim just as aggressively as the at-fault driver’s company. You need experienced legal representation to protect your rights. Texas allows for inter-policy stacking (combining multiple UM policies), which Lupe Peña’s insurance knowledge is critical for maximizing.
39. How do you calculate pain and suffering?
Pain and suffering is most commonly calculated using a “multiplier method,” where medical expenses are multiplied by a factor (typically 1.5 to 5, depending on injury severity, permanency, and impact on daily life). For example, $100,000 in medical bills multiplied by a factor of 4 could result in $400,000 for pain and suffering. Lupe calculated these for years and knows how to justify higher multipliers to truly reflect your suffering in New Mexico.
40. What if I was hit by a government vehicle (city bus, police car, etc.) in New Mexico?
Claims against governmental entities have special rules and shorter deadlines. You typically must file a notice of claim within 6 months of the incident, a much shorter period than the standard 2-year statute of limitations. Governmental immunity can also limit compensation. These cases are highly complex and require experienced attorneys like Ralph Manginello, whose 25+ years experience includes navigating government litigation. Call 1-888-ATTY-911 immediately.
41. What if the other driver fled the scene (hit and run) in New Mexico?
File a police report immediately; hit and run is a serious criminal offense in Texas. Your Uninsured Motorist (UM) coverage is crucial here. We immediately send preservation letters to secure surveillance footage (often deleted in 7-30 days) from businesses near the New Mexico accident scene. We have a strong track record of recovering substantial settlements via UM claims in these situations.
42. What if I’m an undocumented immigrant—can I still file a claim?
Yes. Your immigration status in New Mexico does not affect your right to seek compensation for injuries suffered due to another’s negligence. Your legal case is confidential, and we protect your rights and privacy. Lupe Peña is fluent in Spanish, ensuring no language barrier. Call 1-888-ATTY-911.
43. What if the accident happened in a parking lot in New Mexico?
Parking lot accidents are fully compensable. While insurance companies often claim they are “50/50 fault,” we diligently prove fault through surveillance video, witness statements, and damage analysis. Texas comparative negligence rules still apply to these incidents.
44. What if I was a passenger in the at-fault vehicle?
If you were an injured passenger in an at-fault vehicle, you are an innocent victim and can pursue a claim against the driver you were with. Their insurance policy will cover your injuries. These cases often have clear liability and can settle more quickly. We can handle the conversation with the driver on your behalf.
45. What if the other driver died in the accident in New Mexico?
The death of the at-fault driver does not eliminate liability. You can still pursue a claim against the deceased driver’s estate and their insurance policy. We handle these cases with sensitivity while ensuring your rights to compensation are protected.
Our Commitment to New Mexico
The Manginello Law Firm, Attorney911, with our principal office in Houston, proudly serves clients across all of Texas, including the communities of New Mexico. We understand that while the geography may change, the impact of a serious motor vehicle accident remains the same. Our Texas-wide practice means we apply our aggressive litigation strategies and insider knowledge to every case, securing justice for our clients.
Contact Attorney911 Today
If you or a loved one has suffered injuries in a motor vehicle accident in New Mexico, don’t wait. The clock is ticking, and evidence is disappearing. Call 1-888-ATTY-911 now for your free, no-obligation consultation. We are available 24/7. “Se habla español”—Lupe Peña and our team are ready to help Spanish-speaking clients in New Mexico navigate the legal process with confidence.
Let Attorney911 be your Legal Emergency Lawyers™. We fight for you, so you can focus on healing.
The Manginello Law Firm, PLLC | Principal Office: Houston, Texas