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Albuquerque Personal Injury Legal Blog

Study finds new safety technology increases distracted driving

New equipment designed to make driving easier and safer is actually putting everyone on the road more at risk, according to a new study released by the AAA Foundation for Traffic Safety.

The group says the systems can make the road a safer place when used correctly, but drivers put too much trust in them and tend to let their attention wander while behind the wheel.

Thousands of drugged truckers may be on the road

It is easy to feel a little paranoid when you encounter a tractor-trailer on a New Mexico highway. You may find yourself asking many questions. When was the last time someone inspected the brakes on that rig? Has the driver slept recently? Does the driver see you driving alongside in your little car? These and other questions are not unreasonable given the massive devastation that often occurs when a large commercial truck is involved in a traffic accident.

You may know that much stricter standards for impairment apply to truck drivers than to the average non-commercial driver. The blood alcohol limit for a truck driver is much lower than yours is when you drive your personal car. Additionally, every driver applying for a trucking job must undergo a urine test to screen for drug use. However, your concern when passing a truck may increase when you learn how unreliable those tests really are.

Random nationwide inspection finds many trucks with faulty brakes

On May 15 of this year, the Commercial Vehicle Safety Alliance (CVSA) introduced Brake Safety Day. This was an unpublicized day on which the CVSA partnered with local law enforcement in 45 U.S. states and 10 Canadian provinces and conducted random inspections of commercial vehicles.

The goal of this event – and future such events – is to remove dangerous commercial vehicles from our roads and to improve motor vehicle brake safety across North America.

What if my rideshare crashes?

Using rideshare services like Uber and Lyft has become a norm in the United States. While many of us see no issue getting a ride from a stranger, there can be potential consequences.

Based on a study done in 2018, the number of traffic-related deaths has increased by 2-3% in the U.S. since the introduction of rideshares. If you do end up in an accident while in a rideshare vehicle, it is important to be prepared to take the right steps.

Compounding pharmacies could put your health at risk

Many commercial prescriptions are standard. But they don't necessarily suit all patients' needs. You may have difficulty swallowing, making medications in tablet form not an option for you. Or perhaps you have an intolerance for the standard dosage of a commercial medication and require a smaller amount.

In cases like these, doctors rely on compounding pharmacies to help. Unlike commercial pharmacies, compounding pharmacies are designed to produce tailor-made medication in small batches on an as-needed basis. While this may seem like a good solution, there are some serious drawbacks in how such pharmacies operate.

New policy limits legal recourse for nursing home abuse victims

In a previous post, we discussed a new policy under the current administration that is limiting the consequences a nursing home faces for mistreatment of their residents. In this post, we discuss another recent policy change—which robs mistreated nursing home residents of their right to a trial in court.

A recent policy under the current administration allows nursing homes to include forced arbitration clauses in their residency agreements. Under this requirement, if a resident experiences neglect or abuse in the nursing home, they cannot sue the nursing home or seek justice from a jury in court.

New federal policy more lenient on nursing home mistreatment

The decision to move your elderly parent into a nursing home has been a difficult one. You know you can’t care for them yourself, but you’re also worried about the quality of care they may receive in a senior living facility.

You may assume that government regulations help to enforce quality care in nursing homes. But new policies under the current administration have shifted to protect nursing home administrators – rather than their residents.

How do you know if you have a wrongful death claim?

The loss of a loved one can devastate a New Mexico family in many ways. You may be left grieving your family member but also dealing with expenses that can continue to impact you for years to come. If your loved one died as a result of the actions of another person, it is possible that you could have grounds for a wrongful death claim. 

Simply because someone you love passed away does not necessarily mean that you have a claim. However, it is always worthwhile to explore your legal options and determine whether you have grounds to move forward with a wrongful death claim. If you do not, it may still be possible to recoup some of your losses and secure damages for pain and suffering.

When tragedy strikes your loved one, what are your rights?

Humans are social beings. Our connections with family and friends are a huge part of what makes us feel happy and whole. It’s the people closest to us whom we rely on every day for love and protection.

But life can change quickly. One day, you get a call at work informing you that your wife was hit by a reckless driver while walking home. In an instant, your life is turned upside down. Your priorities change. You’re spending all your free time and energy caring for—and supporting—her.

Left untreated, a TBI can affect your interpersonal relationships

Traumatic brain injury (TBI) is common effect of an accident--from crashing your car to falling on a slippery floor. Often, brain injuries go undetected--and untreated--for too long. When finally discovered, such injuries can be difficult to recover from.

In a previous post, we examined some of the common symptoms of a TBI. But in addition to these more easily recognized symptoms, TBI also commonly leads to emotional processing problems--which can inhibit the way sufferers can relate to the people they care about.

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