Can I sue a driver who hit me in a crosswalk in New Mexico?

Yes. If a driver failed to yield to you in a marked crosswalk or at an intersection, that failure supports a negligence claim. New Mexico law requires drivers to yield to pedestrians in crosswalks, and a violation of that duty is strong evidence of liability.

What if the driver fled the scene after hitting me?

Hit-and-run cases require fast action. Your own uninsured motorist (UM) coverage can often provide a recovery even when the driver cannot be identified. We investigate traffic cameras, witnesses, and nearby businesses to try to identify the driver as well.

What if my injuries did not seem serious at first?

Head injuries, internal injuries, and soft-tissue damage often worsen over hours or days. Seek medical care immediately, even if you feel okay. Delayed treatment can both endanger your health and give insurers grounds to argue your injuries were not related to the crash.

Is there any cost to speak with Alex about my pedestrian or bicycle accident case?

No. The consultation is free and confidential. Alex Flores at Singleton Schreiber handles personal injury cases on a contingency fee basis — no fee unless we win.

If you were hit by a vehicle as a pedestrian or cyclist in New Mexico, your injuries may be severe and your documentation window is short. New Mexico law requires drivers to yield to pedestrians in marked crosswalks, and we build the factual record—from scene evidence to medical documentation—that reflects the full impact on your life.

⏰ Deadline: New Mexico personal injury claims generally carry a 3-year filing window
💰 Cost: Contingency fee—no charge unless we recover for you; case costs are advanced and reimbursed from the recovery
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New Mexico Pedestrian & Bicycle Accident Lawyer

Q: How much is a pedestrian accident case worth?

Pedestrian and bicycle cases often involve catastrophic injuries — traumatic brain injuries, spinal cord damage, fractures, and permanent disability — which means they frequently result in larger recoveries than vehicle-only collisions. Value depends on medical costs, permanence of injury, lost income, and pain and suffering.

Q: What if the driver claims I was in the road illegally?

Driver negligence and pedestrian positioning are evaluated separately under New Mexico's pure comparative fault system. Even if there is a dispute about where you were, you may still have a strong claim — especially if the driver was distracted, speeding, or impaired.

Q: What should I do right after being hit as a pedestrian or cyclist?

Call 911 immediately for police and EMS. If able, photograph the crossing, signals, vehicle, and your injuries, and collect the driver's insurance information and witness contacts. Go to the emergency room the same day — even if you feel okay — to document injuries before adrenaline masks symptoms.

Pedestrians and cyclists suffer the most serious injuries in traffic crashes — and are almost never at fault. I build the case that protects your right to full recovery.

Call 505-587-3473

Free Consultation · No Fee Unless We Win

Why New Mexico Is So Dangerous for People on Foot

National traffic-safety reporting has for years ranked New Mexico among the most dangerous states in the country for pedestrians on a per-capita basis. Wide, high-speed arterials, long distances between crossings, low lighting on many corridors, and a high rate of impaired and uninsured drivers combine to make being struck on foot or on a bike far deadlier here than in most states. Albuquerque’s major east-west and north-south arterials see a large share of the state’s pedestrian fatalities. That reality shapes how these cases must be built — fast, with hard evidence — because insurers reflexively try to blame the person who was walking or riding.

How I Help Pedestrian & Bicycle Accident Victims

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Securing traffic camera, dashcam, and business surveillance footage before it is deleted

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Establishing crosswalk rights-of-way, signal phasing, and posted signage at the crash location

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Documenting traumatic brain injuries, spinal cord damage, and orthopedic injuries with top medical experts

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Calculating lifetime care costs for permanently disabling injuries — paralysis, TBI, lost mobility

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Filing claims against negligent drivers, municipalities with dangerous road design, and uninsured motorists

What To Do After a Pedestrian or Bicycle Accident

Call 911 immediately — get police and EMS on scene

Do not move if seriously injured; let EMS assess you first

Photograph the intersection, crosswalk markings, signals, and the vehicle that struck you

Get the driver’s name, insurance information, and license plate number

Collect names and contact information from all witnesses

Go to the emergency room the same day and document every injury

Call 505-587-3473 before speaking to the driver’s insurance company

My Approach to Pedestrian & Bicycle Cases

Pedestrians and cyclists face a built-in disadvantage in accident claims: despite having the legal right of way, insurers often try to assign them fault for “being in the road.” My approach starts with speed — traffic camera recordings are typically overwritten within 24 to 72 hours, and that footage is often the single most important piece of evidence.

Once the evidence is preserved, I work with neurologists and orthopedic specialists to document both current and future medical needs. New Mexico’s pure comparative fault rules mean that even if some portion of fault is attributed to the pedestrian or cyclist, recovery remains possible — my job is to minimize that attribution and maximize your damages calculation so the final recovery reflects the true cost of what happened to you.

Frequently Asked Questions

Can I sue a driver who hit me in a crosswalk?

Yes. If a driver failed to yield in a marked or unmarked crosswalk, they were negligent under New Mexico law. You are entitled to compensation for medical expenses, lost wages, pain and suffering, and other losses. Even outside a designated crosswalk you may still have a claim depending on the circumstances. Call Alex for a free case evaluation.

What if the driver fled the scene?

A hit-and-run does not end your right to compensation. Your own Uninsured Motorist (UM) coverage can compensate you even when the at-fault driver is not identified. New Mexico insurers are required to offer UM coverage, and Alex handles UM claims aggressively to ensure your insurer pays what your policy requires.

How much is a pedestrian accident case worth?

Pedestrian and bicycle cases often involve life-altering injuries, and the value reflects that. Cases involving TBI, paralysis, or permanent mobility loss are frequently worth significantly more than typical vehicle-only collisions. Value depends on your medical costs, permanence of injury, lost income, and pain and suffering. Alex provides free consultations and an honest assessment of your case.

Ready to Talk? Call Alex Today.

505-587-3473

6501 Americas Parkway NE, Suite 670, Albuquerque, NM 87110

Offices also in Las Cruces, Farmington, Las Vegas & Mora

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What to Do After a Pedestrian or Bicycle Crash

Pedestrian and bicycle injuries are often severe because the human body absorbs the impact directly. If you were hit, you deserve a legal strategy that matches the medical reality—early documentation, careful symptom tracking, and a case built to withstand insurance pushback.

Steps that matter most in the first 72 hours: seek medical evaluation (even if symptoms seem minor), photograph the scene and your injuries, get the driver’s insurance information, and report the crash to law enforcement to create an official record.

How We Prove Driver Fault

In most pedestrian and bicycle crash cases, liability hinges on the driver’s duty to yield, their speed, their attention, and their compliance with traffic control devices. We gather:

Traffic camera and business surveillance footage
Law enforcement reports and any citations issued
Witness statements and contact information
Medical records documenting the nature and progression of injuries
Expert input on vehicle speeds and stopping distances when relevant

New Mexico Pedestrian & Bicycle Law

Driver’s duty to yield. New Mexico law requires drivers to yield to pedestrians in marked crosswalks and at intersections; cyclists generally have the same rights and duties as other vehicle operators. A driver’s failure to yield, speed, or distraction is the core of most liability here.

Pure comparative fault. Even if some fault is assigned to the pedestrian or cyclist — for crossing outside a crosswalk, for example — recovery is reduced by that percentage, not barred. The job is to minimize that attribution with evidence.

Three-year deadline; 90 days against the government. The usual deadline is three years from the crash (NMSA § 37-1-8), but where a city, county, or other government entity is responsible — including for dangerous road or crossing design — the New Mexico Tort Claims Act can require a written notice within as little as 90 days.

Uninsured/underinsured and hit-and-run. A pedestrian or cyclist struck by an uninsured or hit-and-run driver may recover under their own — or a household member’s — UM coverage, even though they weren’t in a vehicle.

FAQs: Pedestrian and Bicycle Injury Claims

What if the driver claims I was in the road illegally?

Driver negligence and pedestrian/cyclist positioning are evaluated separately. Even if there is a dispute about where you were, you may still have a strong claim—especially if the driver was distracted, speeding, or impaired.

Does New Mexico have pedestrian right-of-way laws?

Yes. New Mexico law requires drivers to yield to pedestrians in marked crosswalks and at intersections. Violations of these duties support liability claims.

What if injuries didn’t seem serious at first?

Head injuries, internal injuries, and soft-tissue damage often take days to fully manifest. Get evaluated by a doctor as soon as possible and document every symptom change.

Is there any cost to speak with Alex?

No. The consultation is free, and we only get paid if we win your case.

What should I do right after being hit as a pedestrian or cyclist?

Call 911 immediately for police and EMS. If you are able, photograph the crossing, signals, vehicle, and your injuries; collect the driver’s insurance information and any witness contact details. Go to the emergency room the same day — even if you feel okay — to document injuries before adrenaline masks symptoms.

Can a city be liable for a dangerous crosswalk or intersection?

Sometimes. Where poor signal timing, missing signage, inadequate lighting, or defective road design contributed to the crash, a government entity may share liability. The New Mexico Tort Claims Act can require written notice within as little as 90 days, so it is critical to act fast.

What if I was crossing outside a crosswalk?

You may still have a strong claim. New Mexico’s pure comparative fault system evaluates driver negligence and pedestrian positioning separately. A speeding, distracted, or impaired driver can be liable even if you were mid-block; your recovery is reduced by your share of fault, not eliminated.

What if a family member was killed in a pedestrian or bicycle crash?

That becomes a wrongful-death claim under New Mexico’s Wrongful Death Act, brought by a court-appointed personal representative. Recovery can include the value of the life lost and losses suffered by surviving family members. Contact us as soon as possible given the statute of limitations.

Are e-bikes and electric scooters covered too?

Riders of e-bikes and electric scooters injured by a negligent driver generally have the same right to pursue a claim as any other vulnerable road user; the analysis depends on the device classification and the specific circumstances of the crash.

STATEWIDE NEW MEXICO REPRESENTATION

Serving Injured New Mexicans From Every Corner of the State

I represent injured clients across all 33 New Mexico counties — from the Albuquerque metro to the Four Corners, from the Permian Basin to the Sangre de Cristo Mountains. I travel anywhere in the state for serious cases. Below are dedicated location pages for the communities I serve most often:

NOT IN ONE OF THESE CITIES?

Every county and every community in New Mexico is within my service area. Call (505) 587-3473 for a free consultation no matter where in the state your crash happened.

Pedestrian & Bicycle Accident Cases by City

Albuquerque Pedestrian & Bicycle Accident Lawyer

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