After having his first convictions for vehicular homicide and other charges including DWI overturned on appeal, a 62-year-old New Mexico man has once again been convicted in the death of a motorcyclist back in 2011.

The man, who lives in Rio Arriba County, was originally tried and convicted for a crash that killed a 51-year-old man and seriously injured his wife. It occurred over the Memorial Day holiday on the High Road leading to Taos, near Cimayo. The man allegedly crossed the center line and ran into a motorcycle, including the man who died and his wife. Another motorcyclist was also injured in the crash.

After the fatal collision, police said that they found the man in his home where he was drunk and in possession of the keys to his truck, which he left at the scene of the crash. He claimed that his truck had been stolen.

However, the New Mexico Court of Appeals overturned the verdict in 2015. The court ruled that since the police didn’t have a warrant to enter the man’s home after the crash, the evidence that they found there should not have been allowed to be presented during the trial.

Prosecutors argued in the appeal that deputies entered the man’s home because they were concerned for his well-being, and therefore they didn’t require a warrant. However, the appeals court determined that “deputies did not have reasonable grounds to believe that the Defendant might have been injured to an extent requiring their immediate entry and assistance.”

It was not reported whether the evidence obtained by deputies that night at the man’s home was allowed to be presented at the retrial. However, a jury found him guilty of vehicular homicide, causing great bodily harm and leaving the scene.

Motorcyclists are among the most vulnerable people on New Mexico’s many winding, majestic roadways. Motorists responsible for crashes that injure and kill motorists can face serious criminal consequences. However, victims and surviving loved ones can also hold them civilly liable for the costs of medical care, lost wages and other damages caused by their recklessness.

Adopted by the City of Albuquerque in 2016, Angel’s Law aims to protect the general public from vicious dog attacks. The main goal of the lawmakers who drafted this legislation was to protect young children and other individuals lacking the ability to defend themselves from harm.

It’s believed that by holding individuals both civilly and criminally accountable for the actions of their vicious dogs, that it will have a significant impact on improving the safety and health of the most vulnerable sectors of our population.

Under the law, a dog is labeled as being potentially dangerous if it has already caused harm to either an individual or their companion animal before. In that case, the injury said to have been inflicted on either has been deemed to be one step down from the most serious type.

Additionally, any dog that displays aggressive behaviors, such as unprovoked chasing of another or threatens to jump the fence, may be labeled as being potentially dangerous as well.

In contrast, under Angel’s Law, dangerous dogs are described as ones that have been known to act aggressively without any provocation of any sort. These dogs have also inflicted serious injury or death on others. Any dog, with the exception of police dogs, that is observed either actively menacing or chasing an individual or their companion animal without some type of prior provocation, may be deemed to be dangerous.

Owners of a dog may be labeled as irresponsible in cases in which he or she exhibits behavior believed to be representative of someone who is not capable of either humanely or safely possessing an animal.

The city keeps a listing of known dangerous dogs, including its name, description and location on its website as one of the ways of trying to protect its residents’ safety.

If you’re been seriously injured or know someone that has been killed as the result of having been bitten or attacked by a vicious dog, then you may wish to seek out the guidance of lawyer. In reviewing the details of your case, an experienced Albuquerque dog bite attorney can advise you of your rights to reimbursement for medical or funeral costs, lost wages and other expenses.

A Santa Fe County woman recently filed a lawsuit against the Albuquerque Isotopes baseball club, seeking compensation for injuries she suffered when struck by a ball while attending one of their games. It would seem she faces an uphill legal battle. Fans who have been hurt – even severely – at sporting events have had a tough time getting restitution from professional teams, stadium owners, and other parties who might be held liable. According to Ballpark Digest, this is largely because state and federal courts recognize that “the potential dangers of attending a baseball game are well known” and that adequate warning is provided on signs throughout most parks.

Still, it is far from impossible to find success in such lawsuits. Injured fans have, cumulatively, been awarded millions of dollars for injuries suffered at sporting events. Yet it remains unclear how the present case will play out.

Did the Isotopes fail to warn fans about the dangers inherent in baseball games?

At the Isotopes’ game, the woman in question was “hit by a baseball while eating popcorn,” resulting in “painful injuries to her hand.” The Santa Fe New Mexican reports that her lawsuit alleges that the club failed “to erect protective screening to prevent baseballs from entering the seating area” and “failing to warn attendees of…the danger of sitting along the third base line.”

If the courts find that the club indeed neglected its duty to keep the premises reasonably safe, then the suit may indeed be successful. The odds are somewhat long, however. An article in the New York Times details the extent to which ball clubs have, traditionally, been shielded from liability. Cases where fans have suffered grievous injuries – concussions, shattered skulls, permanent blindness – have typically ended in favor of teams, leagues, and stadium owners, while the victims get no help for medical bills.

Indeed, as many news items have said, Major League Baseball has pushed back against simple-seeming measures – such as expanding and enhancing the netting around stadiums – that would make it safer to attend games.

What about injuries outside the ballpark?

The question of liability at sporting events is a unique one. But it’s important to keep in mind that, generally speaking, property owners are obligated by law to keep their premises safe. If a guest, visitor, or other user suffers an injury, it is often the case that the property’s owner or manager can be held legally responsible.

As with all areas of the law, it is impossible to predict what will happen in every given scenario. This is why if an individual in New Mexico is injured, whether at a ball game, in the stadium parking lot, or elsewhere, it is important to consult with an attorney to learn what legal remedies might be available.

Just weeks before she was to head off to London to compete for the 20th time at Wimbledon, tennis star Venus Williams was involved in a fatal car crash. While Williams was not injured, a 78-old-man and his 68-year-old wife were. The man died approximately two weeks later from his injuries.

The crash occurred on June 9 in South Florida. According to authorities, Williams was going through an intersection in her SUV, traveling at approximately 5 mph, when the other vehicle hit her. The wife was driving, and her husband was a passenger.

Witnesses reported that Williams had entered the intersection on a red light, while the couple in the other vehicle had a green light. The police report said that Williams was “violating the right of way” at the time. The crash is still being investigated, but Williams has not been cited.

The couple’s daughter, however, has filed a wrongful death suit against Williams. The suit also details her mother’s injuries, which reportedly include “a cracked sternum, shattered right arm, broken wrist, hand and fingers.”

Williams, who had already expressed her “heartfelt condolences” to the family on Facebook, was questioned about the crash in a news conference at Wimbledon. She tearfully called it “devastating,” but was unable to continue with her answer. Reporters were instructed not to question her further about the crash.

Even if no traffic citations are issued or criminal charges are filed after a crash, victims and surviving loved ones can still pursue civil action against an at-fault driver. This can help them get compensation for medical bills, funeral costs, pain and suffering, lost wages and more. An experienced Albuquerque wrongful death attorney can provide guidance as you rebuild your life without your loved one.

We Americans are multi-taskers. Unfortunately, too many people attempt to multi-task while driving, when they should be focused on the road and those sharing it with them.

Texting and talking on the phone are considered the biggest distracted driving risks. Both are illegal with a hand-held device in New Mexico. However, there are other habits that too many drivers have that distract them and can lead to serious and even fatal crashes.

— Touchscreen systems: Most new vehicles provide a multitude of options at our fingertips. These include music, navigation systems, phones and social media. It can be tempting, particularly on a long drive or while stuck in traffic, to check your email or make a quick call. However, even a touchscreen system requires that you take a hand off the wheel and/or focus your eyes or attention on something besides the road.– Dealing with kids: Even if your children are safely strapped in and being entertained by a DVD in the back seat, they often have a short attention span. It’s difficult to ignore the questions and complaints of your children, but it’s essential to keep your eyes and mind on the road. If there’s an issue that needs dealing with, pull safely off the road to attend to the problem.

— Eating and drinking: We’ve almost all been guilty of this at some point, particularly with drive-thru Starbucks and fast food chains everywhere. Even if you don’t chow down on your burger on the way back to the office, you probably sneak a French fry or two or enjoy your beverage. It’s a timesaver, to be sure, but can also be dangerous to you, your passengers and others. Either pull into a parking space to enjoy your food and drink or wait until you get to your destination.

— Grooming: Many people rush out to work in the morning without all their make-up done or their hair properly brushed. It’s tempting to make these finishing touches at stoplights or while stuck in traffic. Either allow yourself more time in the morning before you leave for this or wait until you’re at your destination.

If you’ve been injured in a crash caused by a negligent or reckless driver, your attorney can help work to determine whether the at-fault driver was engaged in distracted driving. This can help you get the compensation you need and deserve.