In New Mexico, as elsewhere, onramps and offramps to freeways account for more accidents per mile – by far – than other segments of highway roads. Yet until recently, little was known about the nature of such accidents. Why they happened, how frequently they occurred, and how injurious they were – all such questions remained mysteries.

A trio of researchers for the Insurance Institute for Highway Safety lately shed light on the issue. In the Journal of Safety Research – which is published in conjunction with the National Institutes of Health – the authors detailed their study of more than 1,000 onramp crashes. Drawing from a multitude of sources, including accident reconstruction diagrams and police reports, the researchers were able to pinpoint the most common types of accidents, and many of the factors that cause them.

The most common types of crashes

The results from the study fall somewhere between the surprising and the commonsensical. Nearly half of all the crashes studied took place when the at-fault driver was in the process of exiting the highway. A third of the accidents took place when the at-fault driver was attempting to enter the highway. The remainder took place in the middle of ramps or access roads – though these incidents were far less frequent, perhaps because drivers were not so actively preoccupied with merging lanes.

Crashes were most common at night and in bad weather, as well as on the curved portions of the ramps and in times when traffic was most congested. Likewise, “speed was often a factor.” So, too, was alcohol.

The authors classified the accidents into three main types: rear-end accidents; sideswipes (which most often took place when at-fault passenger vehicles collided with large trucks); and accidents wherein one driver ran another off the road.

What to do?

It is unclear to what extent this study is representative. Nevertheless, the results appear to be in sync with national trends and underscore the dangers of entering and exiting freeways.

The authors briefly note some measures that might be taken to enhance road safety—change ramp designs to eliminate curves, for example, or post easily viewable speed cameras to deter speeding. But for now the onus is on drivers themselves to be cautious, and to be aware of the risks they face.

The question has become potent in recent years: How can surviving family members obtain justice when a loved one has been killed, without cause, by police?

In New Mexico, some families are turning to the legal system. Specifically, they are filing ‘wrongful death’ claims against municipalities where the killings took place, in the hopes of holding the responsible parties to account.

What is a wrongful death claim?

A wrongful death claim is a legal action that enables individuals to seek financial compensation when a family member’s death is the fault of another person or entity. The types of restitution vary from cases to case, but may include the following:

• Funeral costs
• Hospital bills
• Expenses related to medical care
• Compensation for pain and suffering or emotional distress
• Lost wages

These lawsuits can arise from any number of scenarios. Most commonly, they result from serious car accidents or instances of medical malpractice. Filing a suit against a government agency or municipality is somewhat rarer. However, as police shootings continue to be highly publicized events, and families learn more about their legal options, such cases may soon be seen more and more.

What’s happening in New Mexico?

The most recent such claim was filed in Bernalillo County in December, following an incident wherein the passenger of a stolen truck was shot by a deputy of the Sheriff’s Office. The sheriff contends that the death was justified – the officer feared for his life, he said, and the use of force was therefore permissible. Yet an inspection of the truck later revealed that none of the passengers had any weapons and, the lawsuit asserts, posed no threat to officers. The filing also states that the county, and the sheriff himself, “were negligent in the hiring, training, retention, and supervision” of the deputy in question.

Earlier in the year, a wrongful death suit was filed against the city of Santa Fe, after police officers fired 17 shots at a man with schizophrenia who died at the hospital from related injuries.

How will these cases play out?

The potential outcomes of these lawsuits are far from clear. Given the dangers inherent in their jobs, the courts often side with police officers, noting that they have just cause to use their weapons.

Nevertheless, in cases where the use of a firearm is not justified, a wrongful death claim is a potent means to pursue justice.

Just before the New Year began, a head-on collision involving two big-rig trucks left one dead and one critically injured in Bernalillo County. This incident figures as the last recorded trucking accident fatality of 2017 (as of this writing). However, it is likely portentous of more calamities to come.

According to the Insurance Institute for Highway Safety, nearly 4,000 deaths each yeararise from accidents involving large trucks. The toll has increased every year (except one) since 2009. New Mexico, serving as a hub for a great deal of cross-country traffic, sees its fair share of such crashes. And there are reasons that drivers of passenger vehicles ought to be particularly cautious.

Why this crash was different

The specific cause of the crash in Bernalillo County – whether it stemmed from driver fatigue, mechanical failure, poor road conditions, or some other factor – has yet to be revealed. What is known, however, is that the crash was, in its way, unique.

Namely, while trucking wrecks are fairly common, they usually involve passenger vehicles – not other trucks. Indeed, two-thirds of fatality victims are ordinary drivers, while truckers and their passengers often emerge unscathed from collisions. They are, after all, in much larger, safer vehicles.

What to do after a crash

In the event of a trucking accident, it is crucial for victims or their surviving family members to seek help. Injured individuals ought to obtain medical attention immediately – even if they don’t believe themselves to be injured. Some injuries – such as trauma to the brain and spine – may not be felt instantly, but can become severe without treatment.

Likewise, it is important for victims and their families to work with a qualified attorney after a crash. There will be medical bills to pay, as well as costs associated with ongoing care, lost wages, and damage to one’s vehicle. Yet trucking companies and their insurers are quick to challenge victims’ claims. They will offer paltry settlements, and in many cases attempt to deny victims any compensation at all. A lawyer will know how to fight back, and obtain a fair settlement for one’s trauma.

But it is best, of course, to avoid any involvement in such crashes. As statistics, truck accidents are inevitable. But individuals can exercise caution and lower their own risk of incident.

Many of our readers are no doubt planning on an autumn drive through the areas of New Mexico where our fall foliage is at its most spectacular. However, when the leaves start falling, they can pose potential dangers for drivers as well as bicyclists and pedestrians.

Most drivers don’t think anything of driving over some leaves that have fallen onto the road. However, as one official with the Automobile Association of America (AAA) notes, “Wet leaves can be as slippery as a sheet of ice.” Whether they have been dampened by rain or a nearby sprinkler system, leaves in the road can be wet — and dangerous.

Even dry leaves can cause driving hazards. Piles of leaves can cover potholes and other road hazards. By unexpectedly hitting a speed bump, a driver can go out of control and cause an accident.

Potholes can also cause serious tire and suspension damage that can cause a vehicle to lose control at an unexpected moment. Therefore, it’s best to avoid driving over leaves in the road if possible or at least slowing down if you can’t avoid them.

Even parking on or near a pile of leaves is unadvisable. A pile of leaves near a curb can attract animals and even small children.

Leaves can also wreak havoc with your car’s exhaust system — particularly if it’s old or out of repair. That’s a recipe for a fire.

Exercising some extra caution around fallen leaves can help you avoid crashes. Of course, we can’t control other drivers’ actions. If you’re injured by another driver, you should find out about your legal options for seeking compensation to help you cover medical bills and other damages.

Most Albuquerque residents have driven some portion of U.S. 550. It runs from just north of the city up to Colorado.

For most of the New Mexico stretch of the four-lane highway, the north- and southbound lanes have only a paved median separating them. There have been several fatal crashes on U.S. 550 resulting from vehicles crossing over the 6-foot paved median. The only other major highway in the state with more deaths is Interstate 40, which carries more traffic.

A study conducted by an engineering and consulting company proposed installing a cable or concrete median to better separate northbound and southbound vehicles. The estimated cost for a cable barrier is $16 million, while a concrete one would run about $92 million. The study suggested that the state may want to try less costly measures such as warning signs and lighting first.

New Mexico’s Transportation Secretary Tom Church said this summer that a median barrier was a viable option to improve safety on U.S. 550. However, in a recent hearing held by state lawmakers, an official who works for the state Department of Transportation said that a barrier wasn’t feasible because the median isn’t wide enough. He also said that it would prevent motorists from being able to make turns along the route. He told lawmakers, “There are still crashes that happen on divided highways. I wouldn’t draw the conclusion that one is better.”

Although U.S. 550 was widened back in 2001, the 6-ft. median is well below the minimum width of 30 feet recommended by the Federal Highway Administration (FHA) back in 1993. While the FHA linked narrower medians to increased crashes, one New Mexico state senator said that drunk and distracted driving are the culprits behind many crashes. He said, “I don’t think it’s the road that is the problem.”

If you’ve been the victim of a car crash, it’s essential to determine the cause. At-fault drivers who are under the influence or otherwise distracted can be held civilly as well as criminally liable. However, if a crash or other incident occurred because a city, county or other government entity didn’t take proper safety precautions, it may be possible to seek damages from them as well. A New Mexico car accident attorney can discuss your legal options with you.