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Injured in a Drunk Driving Accident in Albuquerque? Here is Who You Can Sue

— May 13, 2022

The Dram Shop law in New Mexico allows you to sue the establishment where the driver got drunk.

Albuquerque, NM – Each year, at least 100 people in New Mexico are killed and thousands are injured in drunk driving accidents. Basically, 1 in 3 people killed in a traffic accident dies because someone else had too much to drink and then got into their car without thinking of the consequences. It is the victims and their families that have to deal with the consequences, which can be catastrophic. When someone is dealing with severe injuries and mounting medical bills, the last thing they need is to worry about the legal aspects of their case. If you find yourself in such a situation, don’t even try to negotiate with the insurance company on your own. They know that people like you are in a dire situation and they will try to take advantage of your physical and mental distress to lowball you. 

Don’t sign anything without first talking to some experienced Albuquerque DWI accident lawyers and getting their opinion on how much your claim may be worth. It doesn’t cost you anything as the first consultation is free and, anyway, accident lawyers work on a contingency fee basis, so you don’t have to pay them anything until they win the case for you.

How can I recover damages for a drunk driving accident?

As New Mexico is an at-fault state, you will have to file a claim against the drunk driver’s insurance. You can seek compensatory damages for your financial losses (medical expenses, lost wages, etc) as well as for your pain and suffering. 

The financial losses are easy to calculate, but when it comes to putting a price on your pain and suffering, better talk to seasoned . Look for someone with many years of expertise in this field. Pain and suffering damages depend on the severity of your injuries and how they impacted your life. They also depend on the skills of your attorneys. 

No two cases are the same, but an experienced lawyer can easily tell you how much you could get for whiplash, spine damage, or head trauma, as they’ve probably had such cases before. In New Mexico, there is no cap on pain and suffering damages.

The problem is that you cannot get more money than the drunk driver’s insurance coverage. If you have additional damages, you will have to sue the driver. The same applies if the other driver did not have insurance at all.

Does New Mexico have a Dram Shop law?

The Dram Shop law in New Mexico allows you to sue the establishment where the driver got drunk. According to the law, if a bar or restaurant serves alcohol to a customer who is visibly drunk, they can be held accountable for the damages that individual caused after leaving the establishment.

Assorted bottles of alcohol on a shelf; image by Adam Wilson, via
Assorted bottles of alcohol on a shelf; image by Adam Wilson, via

New Mexico also has a social host law that allows you to sue a private person who served too much alcohol to a guest and then did not stop them from getting into their car. In many states, the Dram Shop law applies only when the driver is under 21, but in New Mexico, you can still sue even if the driver is an adult.

On the other hand, damages available in dram shop and social host liability cases are capped at $50,000 per person or $100,000 per accident for bodily injuries, and $20,000 per accident for property damage.

Attorneys Near Me

If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area.  

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