On the evening of Tuesday, May 12, 2026, a woman was struck and killed while riding an electric scooter in the parking lot of the VIA Apartments on Montgomery Boulevard in northeast Albuquerque. She was pronounced dead at the scene. According to early reports from KRQE and KOB, a vehicle was involved. A police investigation is underway.
The victim’s family probably has questions. The most common one we hear: Does it matter that she was in a parking lot and not on a public road? The answer is no, it doesn’t.
A Parking Lot Is Not a Legal Exemption Zone
New Mexico’s wrongful death statute does not limit recovery to crashes on public roads. NMSA 1978, §§ 41-2-1 through 41-2-3 allows the personal representative of a deceased person’s estate to bring a civil claim whenever someone’s wrongful act, neglect, or default caused the death — regardless of where it happened.
Some parking lots, like this one, are private property. But private property is not a shield. If a driver operated a vehicle carelessly and killed someone in that lot, the driver’s negligence does not become legally irrelevant because there was no yellow center line painted on the ground.
This is a point that matters early, because families are sometimes told — or come to assume — that their case is weaker because the crash happened off a public street. That assumption is legally incorrect and can cause people to delay or abandon a claim they are fully entitled to bring.
Who May Bear Liability
In a parking lot fatality, there are potentially multiple parties who bear responsibility — and identifying all of them early is critical:
The driver. If the vehicle operator failed to yield, was distracted, was speeding within the lot, or otherwise operated the vehicle negligently, that driver may be personally liable. Their auto insurance is the first layer.
The property owner or manager. An investigation would ask how the parking lot was designed, lit, and maintained. If inadequate lighting, poor sightlines, or an unsafe layout contributed to the crash, New Mexico premises liability law can come into play.
The e-scooter manufacturer or rental company. If the scooter had a mechanical defect or the braking system failed, a products liability claim against the manufacturer may be available. If the scooter was a rental unit operated by a company, that company’s policies and maintenance records are relevant.
Each of these theories requires different evidence. The investigation that protects the family’s rights has to start immediately.
The Evidence Window Is Extremely Short
Parking lots do not preserve evidence the way a controlled accident scene does. Surveillance footage from apartment cameras and nearby businesses is routinely overwritten within days. Skid marks fade. Witnesses scatter. The vehicle involved may be repaired or moved before an independent expert can inspect it.
Once that evidence is gone, it is gone. There is no court order that can recover a surveillance video that was overwritten last Tuesday.
New Mexico’s wrongful death statute gives a personal representative three years from the date of death to file a civil lawsuit — but waiting is not the same as being protected. The three-year clock governs when you file; it has nothing to do with when evidence disappears.
What New Mexico Law Allows the Family to Recover
Under NMSA §§ 41-2-1 through 41-2-3, a wrongful death claim in New Mexico can include: medical expenses incurred before death, funeral and burial costs, the economic value of the deceased’s future contributions to her family, and non-economic damages such as the loss of companionship, guidance, and care. The personal representative of the estate brings the claim on behalf of surviving family members.
New Mexico does not cap wrongful death damages in most personal injury cases. The recovery is determined by the facts — the victim’s age, earning capacity, relationships, and the nature of the negligence involved.
If You Lost Someone in This Crash
Alex Flores at Singleton Schreiber handles wrongful death cases throughout New Mexico. If your family has been affected by a crash like this, the most important thing you can do right now is talk to an attorney who can begin preserving evidence before it disappears — not after.
There is no charge for the conversation.
Call 505-587-3473 — Ask for Alex
Sources: KRQE News 13, KOB 4 — reporting as of May 12–13, 2026. This post reflects information available at the time of writing. The investigation is ongoing.