Pedestrian Accident Attorney in Roswell

Defense-Side Insight & Trial Preparation for Your Pedestrian Claim

Our attorneys previously represented major oil and gas companies as defense lawyers, which gives us direct insight into how insurers and opposing parties evaluate claims. We use that perspective to negotiate effectively and to prepare cases for trial when settlement discussions don’t produce a fair result.

Joel Simon and Ryan Perdue lead our firm. Joel is a member of the New Mexico Trial Lawyers Association and has recovered millions for clients. Our firm was founded in August 2022 on the principle of fighting for people who can’t fight for themselves, and that purpose shapes how we approach every pedestrian accident claim.

A pedestrian injury case may require managing insurer communications, reviewing liability evidence, and preparing for either negotiated resolution or litigation. We guide clients through each stage and explain their options in clear terms so they can make informed decisions.

Here’s why clients in Roswell choose us:

• Trial Readiness: We prepare cases for trial and don’t rely solely on settlement discussions.
• Defense-Side Perspective: Our background defending large companies gives us tactical insight into how opposing parties build and evaluate claims.
• Direct Attorney Access: Clients receive the attorneys’ personal cell phone numbers for 24/7 communication.
• Personalized Representation: We tailor legal strategies to the specific facts and goals of each case.

Common Pedestrian Accident Injuries

Pedestrian accidents frequently cause life-changing injuries. Common injuries include:

• Broken bones
• Spinal cord trauma
• Burn injuries
• Traumatic brain injuries
• Severe soft-tissue damage

Some people need extended recovery, including hospital stays or therapy, while others may require lifelong care.

In serious cases, pedestrians may also experience internal organ damage, complex fractures requiring surgery, or psychological effects that make it difficult to return to work, school, or normal routines. A claim record may need to address emergency treatment, surgery, rehabilitation, medication, limitations on daily activities, lost income, and anticipated future care needs. Our pedestrian accident attorneys in Roswell can work with treating providers to document long-term limitations, project future care needs, and present a clear picture of how the injury has affected daily life.

What to Expect During the Pedestrian Accident Claims Process

The claims process typically begins with a detailed review of how the collision occurred and how it has affected you.

The pedestrian accident claims process often includes:

• Initial Investigation: Reviewing law enforcement reports and available information about the collision.
• Insurance Communications: Insurers may request recorded statements, medical authorizations, or independent medical examinations. The effect of those requests depends on the circumstances, and understanding what you’re being asked before responding matters.
• Ongoing Case Development: Tracking medical treatment, documenting recovery, and building the evidentiary record as the claim progresses.
• Settlement Discussions or Litigation: Some claims resolve through negotiated settlements or mediation. Others proceed to litigation in the appropriate court when disputes remain unresolved.

New Mexico follows comparative-fault principles, which means responsibility may be allocated among multiple parties and a claimant’s recovery can be affected by any fault assigned to them. If a lawsuit is filed, injured pedestrians may also be asked to respond to written discovery or attend a deposition. Our attorneys explain each step so clients can weigh their options based on their goals and circumstances.

Common Causes of Pedestrian Accidents in Roswell

Pedestrian collisions often result from a combination of driver behavior and environmental conditions.

Common contributing factors include:

• Distracted Driving: Drivers who aren’t paying full attention may fail to notice pedestrians in time to avoid a collision.
• Speeding: Excessive speed reduces reaction time and increases injury severity when a pedestrian is struck.
• Failure to Yield: Drivers may ignore or misjudge a pedestrian’s crosswalk right-of-way at marked or unmarked crossings.
• Impaired Driving: Alcohol or drug impairment can significantly affect a driver’s judgment and response time.
• Inadequate Visibility or Roadway Conditions: Poor lighting, obstructed sight lines, and unsafe crosswalk conditions can contribute to a crash alongside driver conduct.

Roswell’s traffic ordinance addresses pedestrian use of sidewalks, the direction pedestrians should walk where sidewalks are absent, and yielding requirements when crossing outside designated crosswalk areas. These local rules can be relevant when evaluating how responsibility is allocated. The City’s safety planning materials identified pedestrian-related crash concentrations on portions of N. Main Street, W. Second Street, Hobbs Road, and S. Virginia Avenue during the 2019 to 2021 study period. Roswell adopted Vision Zero goals in 2024 with a stated objective of eliminating traffic deaths and reducing serious injuries by 2035. When a collision occurs, the specific circumstances surrounding driver behavior, roadway conditions, and visibility become central to determining responsibility.

Compensation Available in Pedestrian Accident Claims

In New Mexico, an injured person may be able to pursue recovery for:

• Medical bills
• Future treatment needs
• Lost income
• The impact that pain, limitations, and emotional distress have on daily life

When a collision in Roswell leads to permanent disability or disfigurement, claims can also address reduced earning capacity and the cost of long-term care. Understanding these categories helps injured people evaluate whether an insurance offer reflects the full scope of what they have lost.

If a pedestrian dies from their injuries, some families may have a wrongful death claim. Subject to New Mexico law and the facts of the case, such a claim can address losses including funeral expenses and the loss of financial and emotional support. The value and availability of damages depend on liability, the strength of the medical and factual record, applicable insurance coverage, and New Mexico’s comparative-fault rules. Joel Simon has recovered millions for clients, and our firm can organize the supporting evidence, work with financial or medical professionals when needed, and present a clear, fact-based picture of damages in settlement negotiations or in court.