When an Impaired Driver Takes a Loved One, You Don't Have to Face It Alone

Drunk Driver Wrongful Death Lawyer in Bernalillo County

If a drunk driver killed someone you love in Bernalillo County, New Mexico law may give your family a wrongful death claim. A wrongful death claim is a civil lawsuit brought after a death caused by another person’s wrongful act, neglect or default, where the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof. This page explains who may file, who may be responsible, how a criminal case differs, and what to expect next.

What a wrongful death claim means after an impaired-driver crash

The claim lets a family seek damages when another person’s wrongful act, neglect or default causes a death and is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof. Under NMSA § 41-2-1, the person who would have been liable had the death not happened can be sued for damages.

Impaired driving is one kind of fatal crash families face. NMSA § 66-8-102 makes it unlawful for a person under the influence of intoxicating liquor to drive a vehicle in New Mexico. Crashes like this happen on Albuquerque streets, Rio Rancho roads and county roads.

Under NMSA § 41-2-3, the claim must be brought by the personal representative of the person who died, in that person’s name. A personal representative is the person appointed to handle the deceased person’s estate. The statute then sets an order for who shares in any judgment, starting with a surviving spouse and children.

If you’re reading this while grieving, or for someone else, take your time. You don’t need to understand every legal term today.

Who may be responsible, and whether suing is worth it

The impaired driver is the party a civil claim is generally brought against. Other parties may also be considered, depending on the facts.

Whether a suit makes sense turns on the crash facts, the insurance available and the family’s goals. Our team can review those points with you.

• The driver. The driver’s conduct must be a proximate cause of the death. That means it produced the death in a natural, continuous sequence, and the death would not have happened without it (Herrera v. Quality Pontiac). It need not be the only cause.
• The vehicle owner. A claim may be considered when someone lent a vehicle to a driver they knew or should have known was incompetent. That incompetence must have caused the injury (DeMatteo v. Simon).
• An employer. If the driver was doing work, the employer may be considered. New Mexico’s general rule is that an employer is not vicariously liable, meaning legally responsible for someone else’s conduct, for an employee’s negligent use of a personal vehicle on the way to and from work (Lessard v. Coronado Paint & Decorating Center).
• Shared fault. New Mexico uses pure comparative negligence, meaning fault is compared. A person suing in negligence is not totally barred from recovery because of their own partial fault (Scott v. Rizzo).
• Insurance. Money to pay a claim often comes from insurance. New Mexico auto policies must include uninsured motorist coverage for persons insured under them who are legally entitled to recover damages from owners or operators of uninsured motor vehicles, unless the named insured rejects it (NMSA § 66-5-301). NMSA 1978, § 66-5-301 reads: “unless coverage is provided therein or supplemental thereto in minimum limits for bodily injury or death and for injury to or destruction of property as set forth in Section 66-5-215 NMSA 1978 and such higher limits as may be desired by the insured, but up to the limits of liability specified in bodily injury and property damage liability provisions of the insured’s policy, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, and for injury to or destruction of property resulting therefrom, according to the rules and regulations promulga.”

Criminal charges and a civil wrongful death claim

A criminal case and a wrongful death claim are separate cases with different goals. The state brings criminal charges to seek penalties against the driver. The family brings the civil claim, through the personal representative, to seek damages.

Charges can be dismissed, reduced or resolved by plea. A civil claim is judged on its own facts and proof.

Evidence needs care too. Other proof matters too: witness names, photos, medical records and court filings. Keep copies of any citations or charging papers you receive.

Damages a family may be able to pursue

Under NMSA § 41-2-3, a jury may award compensatory (for actual losses) and exemplary (punitive) damages that it deems fair and just. The jury considers the financial injury to the surviving party entitled to the judgment, and the circumstances of the wrongful act.

Common losses include lost financial support, medical bills from the final injury, and funeral and burial costs. Which losses fit a claim turns on who is making the claim and what happened.

Some family members may also bring a loss of consortium claim, which covers the loss of a close, mutually dependent relationship. In New Mexico, that claim belongs to the family member, not to the estate (Thompson v. City of Albuquerque). The claimant must show that both people relied on the relationship and could not enjoy life in the same way afterward (UJI 13-1810A NMRA).

No one can predict the value of a claim before the facts are reviewed.

What to expect: steps and timeline

A wrongful death case usually starts with a conversation, moves to records and insurance, and then goes to negotiations or court. Timing varies by case.

1. Initial conversation. You share the basic facts of the crash and your family’s situation.
2. Records. Our team gathers the crash report, medical and medical examiner records, and any criminal case filings.
3. Parties and insurance. We identify who may be responsible and what insurance may apply.
4. Filing and communication. Our team files the claim and communicates with insurers and opposing parties. Some cases resolve without trial; others go to court.

The deadline matters most. Under NMSA § 41-2-2, a wrongful death action must be brought within three years after the cause of action accrues (NMSA 1978, § 41-2-2 — three years from the date of death). The cause of action accrues as of the date of death. Claims involving government entities follow different rules and may have shorter deadlines, so act early.

Why people reach out to El Gringo Law

El Gringo Law represents people in car accidents, trucking accidents, premises liability, negligent security, wrongful death, and catastrophic injury matters in New Mexico. Josh Wood is the responsible lawyer for this page. He is licensed in New Mexico and Arizona. Our team includes lawyers and support staff.

The firm offers a free, confidential initial consultation with no obligation to continue.

Contact details: reach our team through the contact form on this website.

Frequently asked questions