Even low-speed crosswalk collisions can cause life-changing injuries
If you're walking in New Mexico, especially in cities like Albuquerque, Santa Fe, or Las Cruces, the odds are stacked against you. Despite marked crosswalks, flashing signals, and pedestrian right-of-way laws, people continue to get hit. While you might expect most of these tragedies to happen where there are no crossings, that's not the case. Many of the most serious pedestrian accidents occur in crosswalks that are specifically designed to provide safety. That tells us something is deeply wrong. It’s not just the walkers; it’s the system.
What makes crosswalks so dangerous?
To understand the problem, you must examine the environment. Picture a six-lane arterial road cutting through a neighborhood with cars flying by at 45 miles an hour, the paint on the crosswalk barely visible, and a pedestrian signal that takes forever to change. That’s a common setup in New Mexico’s cities. These streets weren’t designed for pedestrians. They were built to move traffic fast.
Now factor in the behavior of drivers. Distracted driving is prevalent; you often see drivers using their phones, texting, and using other smartphone apps. Add alcohol or marijuana, both of which show up in far too many crash reports, and the danger climbs. Many drivers fail to yield at crosswalks, even when the law requires them to do so. Some don’t even slow down.
At night, it gets worse. Most fatal pedestrian crashes happen after dark. Poor lighting and dark clothing make people nearly invisible. Without proper signals or enough time to cross, walkers are forced to gamble every time they step into the street.
How severe are the injuries in these crashes?
The human body can’t compete with a moving car. Even at 25 miles per hour, the impact is enough to break bones, crush organs, and cause lasting brain damage. When cars are traveling at 35 or 40 mph, the survival rate drops sharply. If the vehicle is an SUV or pickup, the results are often catastrophic.
Victims of crosswalk accidents in New Mexico suffer everything from fractured spines and pelvises to traumatic brain injuries and permanent nerve damage. Many require surgeries, months of rehab, or lifelong care. The emotional damage can linger long after the physical wounds begin to heal.
Families are often hit hard as well. The cost of care, lost income, and emotional stress ripple outward. For many lower-income victims, the long-term consequences go unaddressed because they simply can’t afford the support they need.
What does the law say about crosswalks and fault?
New Mexico law is clear: drivers must yield to pedestrians in both marked and unmarked crosswalks. Every intersection, whether painted or not, is legally considered a crosswalk unless signs say otherwise. However, legal clarity doesn't always translate to a street-level understanding or effective enforcement.
When someone is hit and seriously injured, determining fault isn’t always black and white. New Mexico follows a rule called “pure comparative negligence.” That means even if the pedestrian is partly at fault, they can still recover damages, yet their compensation is reduced by the percentage of fault attributed to them.
So if a pedestrian is found to be 30% responsible, they can still recover 70% of their damages. It’s a system that recognizes shared responsibility. However, it also means that insurance companies often fight claims vigorously, trying to shift as much blame as possible onto the injured person to minimize their own financial liability.
What needs to change to make crosswalks safer?
Solving this problem isn’t just about asking drivers to be more careful, though that would help. It’s about rethinking how we build our roads and how we prioritize safety. Crosswalks need more than paint. They need better lighting, raised platforms that slow cars down, pedestrian signals that give walkers a head start, and refuge islands for wide crossings.
Some places are adding what’s called a HAWK beacon. This is a pedestrian-activated signal that stops traffic mid-block. These have been shown to reduce crashes significantly. But they’re not widespread yet. Without public education, even the best signal won’t help if drivers don’t know how to respond to it.
Speed is another key component. Lower speed limits save lives. So does strict enforcement. Currently, many pedestrian laws are ignored because the penalties are too low, or no one is watching.
What should you do if you’ve been hit in a crosswalk?
First, get medical attention, even if you feel okay. Some injuries don’t show up right away, especially head and internal injuries. Call the police and make sure a report is filed. If possible, take photos of the scene, get contact info from witnesses, and write down what happened while it’s still fresh.
Then, talk to a New Mexico lawyer who understands pedestrian injury law. Insurance companies are quick to offer low settlements, especially if they think you don’t know your rights. A pedestrian accident attorney can help preserve evidence, deal with insurance companies, and make sure you don’t get taken advantage of.
In the meantime, be sure to follow all medical and legal advice. Avoid activities that can worsen or disprove your injuries and attend all medical appointments. Also, keep medical documents, appointment logs, bills, receipts, and prescriptions.
Injured in a pedestrian accident in New Mexico? Get the legal help you deserve
If you were hit by a car while walking, jogging, or biking anywhere in New Mexico, don’t try to take on the at-fault driver's insurance company alone. At Szantho Law Firm, we are here to fight for your rights, protect your future, and hold the negligent driver accountable. With decades of experience handling cases just like yours, we know what it takes to win.
When you work with us, we put your needs first from day one. Our legal team will investigate your pedestrian accident, gather key evidence, and handle direct communication with the insurance company on your behalf, so you don’t have to. We also work on a contingency fee basis, which means you pay nothing upfront and no legal fees unless we recover compensation for you. There are no gimmicks or surprises; just serious representation focused on results.
Your first step is straightforward: schedule a free consultation. During this no-obligation case review, we’ll listen to your story, explain your potential legal options, and answer your questions clearly and honestly. You’ll walk away with a better understanding of your rights and how we can help you get the compensation you deserve.
Don’t settle for less than you deserve after a pedestrian accident. Contact us today and put a trusted New Mexico trial lawyer on your side.
"The Szantho Law Firm represented me in my personal injury case, where I was hit by a negligent driver and seriously injured my wrist. Mr. Szantho dealt with the insurance company and the other attorneys involved in my case. My own insurance company was very reluctant to pay any money on my behalf, even though the accident was purely the fault of the other driver." - J.M., ⭐⭐⭐⭐⭐