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Boaters in Albuquerque are as confined to operational standards as motorists on the road. Boaters who violate waterway laws put everyone around them, including friends, loved ones, and strangers at risk. Should you find yourself dealing with the consequences of someone else’s boating negligence, you may have to contend with losses that last a lifetime.
Do not resign yourself to a recovery without assistance. Instead of fighting to recover from a boating accident on your own, you can do so alongside a boating accident attorney in Albuquerque. Our team can give you the means to demand compensation for boating accident losses from a negligent party.
There are many ways in which boating laws in Albuquerque mirror its roadway laws. Boaters are expected to avoid drinking behind the wheel of a boat. Boaters are also expected to be appropriately licensed and registered before taking to the water.
That said, there are some specific rules that apply to New Mexico’s bodies of water. For example, all children under the age of 12 are expected to wear life jackets when taking to the water. Similarly, there are age limits and education requirements dictating who may drive a boat.
Parties found in violation of Albuquerque’s boating laws can be brought up on criminal and civil charges. If you choose to raise a criminal case against an offending party, you can see that party face time in jail, fines, and the revocation of their license. A criminal conviction can also serve as proof of negligence in a civil case.
You can bring a civil case against a fellow boater after a boating accident so long as you can prove that negligence took place. In most cases, the violation of boating laws constitutes negligence.
That said, other behaviors, ranging from the inappropriate distribution of wake to the deliberate endangerment of boating passengers, can also constitute a violation of a boater’s duty of care. When naming another party negligent for your boating accident, be prepared to bring forward evidence suggesting that you were both owed a duty of care and saw that duty violated.
Evidence of a violated duty of care can range from footage of an accident to a standard testimony. You can also bring forward physical debris indicating that damage was done to your personal property or person.
You have a limited amount of time to act in the wake of a boating accident in Albuquerque. If you want to take legal action against an offending party, you must abide by the New Mexico statute of limitations. N.M. Stat. Ann. § 37-1-8 gives you two years to respond to a boating accident in civil court.
Failure to bring a boating accident case forward within the personal injury statute of limitations sees a court garner the right to refuse your case. New Mexico courts believe that an accident survivor’s memory of their actions can begin to wane after this two-year period passes.
If you are concerned about the amount of time you have to file your boating accident claim, you can contact Dominguez Law. We can work with you to gather evidence of negligence within the appropriate timeline.
The purpose of a boating accident claim is to help you gain the financial support you need to restore your previous quality of life. Before you can demand compensation, however, you need to understand what the value of your case may be. To calculate the value of a boating accident case, you need to find the sum of your economic and non-economic losses.
Your economic losses tied to a boating accident can include:
After submitting a boating accident claim, it is up to a county clerk and affiliated parties to determine whether or not to move your case forward. Should your case proceed, you have two means through which you can address your losses. You have the right, should you be working with a cooperative liable party, to pursue settlement negotiations.
Boating accident settlement negotiations allow you to discuss your right to compensation without going to court. You can meet with the party you believe to be liable for your losses alongside one of our attorneys. We can then elaborate on the value of your losses and request suitable compensation.
Uncooperative liable parties are often best met in court. You can work with an attorney to begin undergoing discovery and preparing yourself for your opening statement. You can then expect to discuss the value of your case as well as the examination and cross-examination. Eventually, the responsibility for determining the worth of your case falls to an attending judge and jury.
Someone else’s negligence should not keep you off the water. If you find yourself contending with the aftermath of a boating accident in Albuquerque, know that there is legal action available to you. You can collaborate with an Albuquerque boating accident attorney to bring your case before the applicable parties.
At Dominguez Law, our team is prepared to help you either negotiate or fight for the compensation you need to recover from your accident’s losses. We will treat your case with compassion and aggression, doing all we can to get you the compensation you deserve. To arrange a free consultation, give us a call at (505) 596-4481 or fill out our contact form.
We also speak Spanish.
At Dominguez Law, we believe in holding parties who act recklessly accountable for their actions and are dedicated to making their insurance companies pay top dollar for your claim. If you believe the at-fault party acted negligently or recklessly, contact us as soon as possible.
To schedule a free consultation with one of our compassionate and aggressive Albuquerque car accident attorneys, call Dominguez Law today at 505-850-5854 or contact us online. Se Habla Español.
