By Mark Caruso, Albuquerque Personal Injury and Wrongful Death Attorney
The best way to avoid an accident is to drive slowly and safely.
But what should you do when the other driver slides on ice into your lane of traffic?
First, call the police!
With so many accidents from the iced roads, Albuquerque Police Department (APD) may argue to you that they will not respond unless there are injuries. Because you are not a medical expert, you are not in a position to diagnose whether or not you have an injury. You may have an injury that shows up an hour after the collision.
You must have APD respond. Don't settle on 911 telling you to just exchange information with the other driver or file a station report the next day.
The reason why you must have the police respond is to document in writing what happened in the collision. The APD officer will document it on a police report that is signed by him/her.
It is urgent that the APD officer write down that the other vehicle slid into your vehicle while you safely operated your vehicle in your lane of traffic. The APD officer will state on the report what each driver told him and make his/her conclusions as to the cause of the collision.
The explanation as to how the collision occurred will change after the other driver gets home and talks to others or their own insurance company. The other driver and their insurance company may argue that the accident was your fault because you entered their driver's lane of traffic.
Also, remember that the APD officer's lapel cam will be running from the moment he/she exits the vehicle up until they re-enter their vehicle. Everything you and the other driver say will be recorded by the officer.
Because of the recording, please remember that you are being recorded. Be respectful, don't use cuss words, and just give a concise explanation of exactly what happened.
Our law firm always requests a copy of the APD officer lapel cam, and it is amazing what people say to the officer following the accident. Remember, you are on camera!!!!
Video or voice record the other driver stating that the accident was their fault or that they are sorry for what happened. Generally, people are more honest immediately after the accident when their adreneline is flowing.
Their story may change when they leave the accident scene and try to find an excuse as to why the accident happened.
Caruso Law Offices exclusively handles motor vehicle accidents. It's all we do, and we are good at it. Please see our testimonials published on our web site www.carusolaw.com
My name is Mark Caruso. I have 33 years of legal experience. I was an insurance company attorney before I began helping people being ripped off by insurance companies. Now my staff of attorneys and I exclusively represents the victims of auto accidents. We know the ins and outs of the insurance claims practice.
Please call me at 505-883-5000 or contact me personally at mark@carusolaw.com to arrange for an in person or telephonic appointment with me, not a paralegal, to discuss your car accident. Again, it is urgent that you speak with an attorney before talking with the other person's insurance company.
Remember, we handle cases on a contingency fee basis. That means we are only paid if we win money for you. It costs you nothing up front to talk with me. We are paid at the end of the case only if you are successful.
With dozens of auto accidents in Albuquerque because of dangerous road conditions, it is important that you understand how to handle the situation with the other driver.
Ice and snow covered roads are inherently dangerous!
The best way to avoid an accident is to drive slowly and safely.
But what should you do when the other driver slides on ice into your lane of traffic?
First, call the police!
With so many accidents from the iced roads, Albuquerque Police Department (APD) may argue to you that they will not respond unless there are injuries. Because you are not a medical expert, you are not in a position to diagnose whether or not you have an injury. You may have an injury that shows up an hour after the collision.
You must have APD respond. Don't settle on 911 telling you to just exchange information with the other driver or file a station report the next day.
The reason why you must have the police respond is to document in writing what happened in the collision. The APD officer will document it on a police report that is signed by him/her.
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| Caruso Law Offices, PC |
It is urgent that the APD officer write down that the other vehicle slid into your vehicle while you safely operated your vehicle in your lane of traffic. The APD officer will state on the report what each driver told him and make his/her conclusions as to the cause of the collision.
The explanation as to how the collision occurred will change after the other driver gets home and talks to others or their own insurance company. The other driver and their insurance company may argue that the accident was your fault because you entered their driver's lane of traffic.
Also, remember that the APD officer's lapel cam will be running from the moment he/she exits the vehicle up until they re-enter their vehicle. Everything you and the other driver say will be recorded by the officer.
Because of the recording, please remember that you are being recorded. Be respectful, don't use cuss words, and just give a concise explanation of exactly what happened.
Our law firm always requests a copy of the APD officer lapel cam, and it is amazing what people say to the officer following the accident. Remember, you are on camera!!!!
Second, use your cell phone to photograph the scene and make a recording of the other driver stating that the accident was their fault.
Photograph the damage to the vehicles, the roadway, the ice on the roadway, the direction of the slide, etc. You can't take too many photos.
Video or voice record the other driver stating that the accident was their fault or that they are sorry for what happened. Generally, people are more honest immediately after the accident when their adreneline is flowing. Their story may change when they leave the accident scene and try to find an excuse as to why the accident happened.
It is very important that you consult with an attorney following an accident on ice and snow.... LIABILITY WILL BE QUESTIONED
The liability claim (who is at fault) is much more complicated in accidents occurring on ice or snow. Insurance companies usually try to argue that an accident on ice and snow is 50-50 split. Half their driver's fault and half your fault. Expect the insurance adjuster to claim that you slid as well and that you failed to stay in your lane of traffic.
Don't fall for this argument. Don't agree to a 50-50 split. This means that you were half at fault for the accident that you really didn't cause. Talk to an attorney before you agree to any such division of liability.
These cases become even more complicated if you slide after putting on your brakes because the other driver is sliding into you or if the impact forces you to slide into another vehicle.
Don't fall for this argument. Don't agree to a 50-50 split. This means that you were half at fault for the accident that you really didn't cause. Talk to an attorney before you agree to any such division of liability.
These cases become even more complicated if you slide after putting on your brakes because the other driver is sliding into you or if the impact forces you to slide into another vehicle.
Caruso Law Offices exclusively handles motor vehicle accidents. It's all we do, and we are good at it. Please see our testimonials published on our web site www.carusolaw.com
My name is Mark Caruso. I have 33 years of legal experience. I was an insurance company attorney before I began helping people being ripped off by insurance companies. Now my staff of attorneys and I exclusively represents the victims of auto accidents. We know the ins and outs of the insurance claims practice.
Please call me at 505-883-5000 or contact me personally at mark@carusolaw.com to arrange for an in person or telephonic appointment with me, not a paralegal, to discuss your car accident. Again, it is urgent that you speak with an attorney before talking with the other person's insurance company.
Remember, we handle cases on a contingency fee basis. That means we are only paid if we win money for you. It costs you nothing up front to talk with me. We are paid at the end of the case only if you are successful.
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