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Mark John Caruso

Mark Caruso’s Answers

161 total

  • How to handle a hit and run accident?

    Three days ago I was involved in a hit and run accident. I was in the middle of heavy traffic and we all stopped for a red light and a young couple hit me on the back of my car. The guy and I stepped down out of the vehicles and he starts apologiz...

    Mark’s Answer

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    First, you need to immediately notify your insurance company and determine if you have uninsured motorist coverage. Remember, you are required to be given uninsured motorist coverage as a package with every liability coverage in New Mexico unless the insurance company did 2 things:
    1, They must show that you rejected uninsured motorist coverage in writing with your signature. (Not paying for it isn't good enough, they need to show that you knowingly rejected uninsured motorist coverage.)
    2, They must show you the amount of uninsured motorist coverage in writing. In other words, they need to show you how much you saved monthly/yearly by rejecting uninsured motorist coverage.
    Even if you legally rejected uninsured motorist coverage, you might still be able to get some coverage for your injuries if
    1. You were named as an insured on someone else's policy and they had uninsured motorist coverage,
    2. You had uninsured motorist coverage on another vehicle,
    3. You resided with a family member who had uninsured motorist coverage on one of their own vehicles.
    It is very important that you speak with an attorney who handles uninsured motorist coverage in New Mexico, as there are many other options available. Don't guess about your rights, you need to consult with an attorney. New Mexico law is different than the uninsured motorist laws in other states.

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  • If a pedestrian is struck by a truck in New Mexico and there is question about the walking signal, who has the right of way?

    Current wrongful death case in New Mexico. The police accident report states both a 'blinking red hand' and 'left green turn'. Obviously contradictory, but not sure if it matters. Regardless, a person was in the crosswalk and was struck then run o...

    Mark’s Answer

    As you are aware, your mother could have begun crossing the street slowly while the hand was flashing red. She might have even begun crossing on a late green hand. Because she was in the cross walk, even if the hand started blinking red, the truck driver should have yielded to your mother. He still needed to yield to your mother. The key is the eyewitness. Has the attorney taken the deposition of the eyewitness yet?

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  • Do I need a personal injury lawyer

    I was involved in a motorcycle accident last Thursday (10 days ago). a car pulled a left turn from the oppisite direction into a McDonalds .I was riding in the right lane. He completly cut me off. I was forced to lock my brakes and slide down on m...

    Mark’s Answer

    • Selected as best answer

    Sorry to hear about your injuries. Our Albuquerque firm exclusively handles motorcycle and vehicle accidents, and unfortunately the most severe accidents involve motorcyclists. Thank goodness you were not more seriously injured.
    It does usually take 7 to 10 days to get the accident report. You should check daily to see if the report is available. The report will list the other driver's name, owner's name, their addresses and phone numbers and more importantly the insurance company information and policy number. You should contact the insurance company immediately and report the claim, unless you intend to get an attorney. If you get an attorney, the attorney will report the claim for you.
    I am a little concerned that the driver and owner of the other vehicle might not have insurance. Then you would need to bring an uninsured motorist claim. Again, you should not talk with the insurance company if you intend to get an attorney to help you.
    Whether you have a direct liability claim against the other person's insurance company or an uninsured motorist claim, under NM law your entitlement to money does not change. The only difference would be that there is a $250 property damage deductible under uninsured motorist coverage. Under both you are entitled to personal injury damages for medical expenses, pain and suffering, lost earnings, and partial permanent impairment.
    New Mexico attorneys can refer you to a health care provider to provide medical care under a letter of protection should you prefer not to use your own health insurance or have no health insurance. That way you can get the medical care to treat any of your injuries.
    When choosing a New Mexico attorney, you should verify that the attorney only handles personal injury cases rather than all the different types of law that an attorney can practice. Also you should check on line testimonials and other references for the attorney. You can retain an attorney or law firm from Albuquerque to represent you in Las Cruces.
    Finally, if the report is not available in the next few days I would contact the sergeant for the officer who investigated the collision to determine why the report is not available. Also, keep contacting the records department at Las Cruces PD and ask for the supervising officer. There is absolutely no reason the report should not be available in 14 days.

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  • I had a kitchen cabinet, professionally installed, separate from its backing (not the wall) and fall on my leg.

    This caused a to-the-bone laceration that has taken over 4 years to heal. I notified the manufacturer, and Home Depot, the cabinet vendor of the injury, provided them with pictures of everything. Two years later, the manufacturer sent a rep with a...

    Mark’s Answer

    Unfortunately, the statute of limitations passed 3 years after the fall of the cabinet. You needed to file a lawsuit for your personal injuries before the 3rd anniversary of the fall. Because you didn't do so, you lost your claim.

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  • I was walking and my boyfriend sister was drunk and hit me with her car while I was walking thru a field

    The car registered under her dad's name she was driving on a suspended and the officers didn't get her insurance do I have a case

    Mark’s Answer

    I hope that you were not seriously injured. Your boyfriend's sister is clearly at fault for the collision. If her dad has insurance, then you should bring a claim against the dad's insurance. If, for some reason, he does not have insurance OR if she was excluded from her dad's policy you should bring an uninsured motorist claim under your own vehicle insurance. When considering whether you have uninsured motorist coverage you should consider these NM laws:
    1. Are you insured on any vehicle that you own. AND
    2. Do you have any relatives in your household who have insurance on their vehicles.
    Either of these would give you uninsured motorist coverage under NM law.
    If you were injured under NM law you would be entitled to medical bills, pain and suffering, lost earnings, permanent impairment and injury and punitive damages (drunk driving).
    It's important that you consult with a NM licensed attorney because NM uninsured motorist laws tend to be much different than most other states.

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  • What kind of lawyer do I need and do I have a case

    My husband was in a accident in my car A guy walk out in front of the car my husband tried to served but still hit him it was at night in construction zone the guy was drunk he went to hospital and just found out he died my husband didn't get an...

    Mark’s Answer

    Under NM law your automobile liability insurance should take care of this claim against you. But you must immediately notify your insurance company immediately.

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  • What kind of lawyer do i need for a case against dress barn due to a mannequin falling on me from a high shelf

    felt material of skirt on mannequin and after i turned it fell on me. had concussion, post concussion syndrome, hematoma on scalp and severe muscle spasms in neck and back

    Mark’s Answer

    Thanks for contacting AVVO. As an Albuquerque personal injury attorney I would like to answer your question with the limited information that you provided and invite you to call me or one of our attorneys for more detailed information. You can contact us at 505-883-5000. New Mexico law requires the business owner to keep his business safe for customers who might be on the premises. The question I need to find out from you is whether (1) you did anything at all to cause the mannequin to fall and (2) any other customer or employee did anything at all to cause the mannequin to fall. It sounds from your inquiry that you were just walking by and it fell from a high shelf. It appears that it was not caused by you or another customer. Instead it appears to have been unbalanced or not properly attached to the shelf. It is very important to act on this claim right away. There may be video cameras that recorded the fall, and your attorney would need to write a letter to the company demanding that the videos be preserved. Under NM law, once you establish liability of the business owner, then you are entitled to damages for medical expenses, pain and suffering, lost earnings, permanent impairment and possibly punitive damages if this has been a problem with the business in the past that has not been corrected. I hope this gives you a snapshot of your claim.

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  • My wife was hit at a stop light the car had some damage not much but she has back and neck pain can you help

    the car was at a stop light when the other car came from behind

    Mark’s Answer

    Thanks for asking a question from AVVO. I am an Albuquerque attorney who exclusively handles personal injury claims, so I am happy to answer your question. Unfortunately the amount of property damage dictates to insurance adjusters how much they should pay on your injury claim. Very little property damage may mean a very low personal injury settlement. I clearly recognize that you can receive a soft tissue "whiplash" injury from even minor property damage to your vehicle. Unfortunately, however, it may be very difficult to settle your claim with the insurance company. Juries in Bernalillo County are also conservative when it comes to these low impact types of cases. You can expect the insurance company attorney to show the jury the back of your wife's car with little damage and suggest to the jury that your personal injuries and medical care is suspect. It is for this reason that we limit the types of cases that we accept to those with more significant property damage. One solution for you might be to see if you have medical payment coverage with your own insurance company or health insurance. You can use these coverages to pay for the medical expenses your wife needs, and maybe not even pursue a liability claim for personal injuries from the responsible insurance company. Also, there are many attorneys who might still accept your case, but you need to be careful that you are not "stuck" with medical bills if the attorney is unsuccessful in convincing the insurance adjuster or its attorneys or a jury that the medical care was reasonable, necessary and a result of the crash.

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  • How do you go about demanding restitution in regards to a traffic accident if the at fault driver didn't have insurance?

    My lawyer had told me to go to her court date and demand restitution. I am just curious the best way to actually go about doing that. Do I interrupt when they are speaking with the judge?

    Mark’s Answer

    Did you have uninsured motorist coverage on your vehicle that was damaged in the collision? NM law requires your own insurance company to give you uninsured motorist unless you waive the coverage in writing and are specifically told the actual cost of the uninsured motorist coverage you are rejecting. Most insurance companies don't mention that you even have the right to waive uninsured motorist coverage, but you many not know that you have it. Other insurance companies selling insurance in NM always get you to waive the uninsured motorist coverage. If you have any questions please feel free to contact me at 505-883-5000

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  • What is the correct definition of " Bodily Injury" for a car accident? Is it just medical costs, or does it include more ?

    The Policy booklet says that bodily injury means "bodily injury to a person and sickness, disease, or death that results from it". We have been told we can include loss of consortium, loss of income, etc. under the amounts in our UIM claim. Is tha...

    Mark’s Answer

    In NM it's medical expenses past and future, pain and suffering past and future, lost earnings past and future, permanent impairment and disability.

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