Las Cruces Drunk Driving Accident Attorneys

Pursuing Justice for Victims Harmed by Drunk Drivers

Drunk driving accidents can leave victims and their loved ones reeling from the fallout. From affording potentially life-saving medical care to recovering from serious bodily injury to healing from the psychological trauma of the accident, the road to healing can be long and tiresome—but this doesn’t mean that justice is unattainable.

If you or a loved one were harmed by a drunk driver on New Mexico roads, our drunk driving accident lawyers have the in-depth legal knowledge to pursue maximum compensation for victims and their families in court. At Buckingham & Vega Law Firm, our attorneys relentlessly pursue justice for victims injured by drunk drivers in Las Cruces and beyond.

Our determined lawyers leave no stone unturned while investigating the unique circumstances of your case. Our articulate advocates can evaluate your claim to maximize its value and present your case as compellingly as possible to demand the fair compensation you deserve and help you take back your life after this tragic event.

If you were injured by a drunk driver, call (505) 388-0066 to schedule a free consultation with an experienced attorney.

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Explore How We Have Helped Our Clients

$14 Million Dram Shop Liability
Our team obtained a $14 million dram shop verdict on behalf of a client who was injured due to negligence.

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Civil vs. Criminal Lawsuits Against Drunk Drivers

Like every U.S. state, driving while intoxicated (DWI) is illegal in New Mexico. After causing a drunk driving accident, intoxicated drivers can be arrested and charged with a criminal offense. However, it’s imperative to understand that these proceedings are entirely separate from the civil proceedings of a personal injury lawsuit.

If you were wrongfully injured in a drunk driving accident, you may be wondering how criminal charges can affect your ability to pursue compensation from the intoxicated driver. Not only are criminal and civil proceedings carried out in separate courts, but they also entail different burdens of proof and carry different penalties.

When filing a civil lawsuit against a drunk driver, it’s critical to keep these important facts in mind:

A criminal conviction doesn’t guarantee compensation will be paid.

Criminal cases are separate and distinct from civil cases. Even if the drunk driver is found guilty in criminal court, this doesn't guarantee they'll be ordered to compensate victims in a civil case. It’s crucial to consult with a trusted drunk driving accident attorney who can file a civil lawsuit to recover full damages (such as physical, emotional, and financial damages).

If the driver is convicted in a criminal case, it may be easier to bring a civil lawsuit against them and recover damages. However, if the driver is not convicted in criminal court, this doesn't mean the driver can't be liable for damages. No matter your situation, seeking sound counsel is vital to obtaining fair compensation after a drunk driving accident.

Civil lawsuits have a different standard of proof than criminal cases.

In criminal cases, the prosecution bears the burden of proof. This means that the prosecutor is responsible for presenting concrete evidence of the defendant’s guilt—commonly simplified as “innocent until proven guilty.” In a criminal drunk driving case, the prosecution is responsible for proving the drunk driver committed a DWI “beyond a reasonable doubt”—a higher standard of proof than civil proceedings.
In a civil lawsuit, the burden of proof lies with the plaintiff. As the victim, you are responsible for proving "by a preponderance of the evidence" (e.g., that it is more likely than not) that the drunk driver's negligence directly caused your injuries. This standard of proof in civil cases is lower than in criminal cases, meaning that regardless of the verdict in the criminal case, it’s still possible for victims to obtain favorable outcomes in a civil cases.

What Is Dram Shop Liability?

Dram shop laws are regulations that expand liability in drunk driving accidents by holding alcohol-serving establishments responsible for overserving inebriated individuals. The purpose of dram shop laws is to hold businesses accountable for any bodily injury or fatalities resulting from drunk driving accidents due to overserving patrons.

In New Mexico, dram shop laws apply to commercial establishments, such as bars, restaurants, and liquor stores, as well as social hosts who serve alcohol at private events. If an establishment or social host serves alcohol to an individual who later causes a drunk driving accident resulting in injuries, they may be held liable under dram shop liability laws.

How Can a Drunk Driving Accident Lawyer Help?

As you can see, seeking damages after a drunk driving accident can be complex and challenging. Without the guidance of a trusted attorney, navigating the legal intricacies of filing a civil lawsuit—especially when coupled with criminal proceedings involving the same driver who injured you—can be difficult and frustrating, reducing the chance of recovering fair compensation.

That’s where our skilled advocates come in. Our drunk driving accident lawyers can help you with the following:

Collecting and presenting evidence: Often the first hurdle in any drunk driving lawsuit, gathering sufficient evidence is necessary to obtain a favorable outcome in your civil case. A qualified attorney can assist with gathering evidence efficiently and effectively to fortify your claim.
Establishing liability: Showing that you sustained an injury isn’t enough to recover compensation in any civil case, nor is merely “suggesting” negligence with insufficient evidence. Proving liability is an integral part of holding drunk drivers and other liable parties accountable for the harm and pain they caused, and consulting with a Las Cruces lawyer is critical to establishing negligence and collecting compensation.
Negotiating with insurers: Insurers are known for employing deceitful and aggressive tactics to evade fair payouts. Our lawyers can draw upon decades of legal knowledge and experience to negotiate effectively with insurers and other involved parties seeking to rob you of the justice you deserve.

Contact a Las Cruces Drunk Driving Accident Lawyer

Our results-driven attorneys have diverse legal knowledge and a vast network of resources to help victims and their loved ones pursue justice after wrongful injuries. With a proven track record of results, including record-setting verdicts, our trial lawyers aren’t afraid of complex or challenging cases. Instead, we are righteous in every case we take on, preparing each one for trial and conducting in-depth investigations to relentlessly pursue fair outcomes for each and every client we serve.

Injured by a drunk driver in New Mexico? Our articulate advocates can pursue the compensation you deserve. Contact us online to discuss your case.

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