Who is Responsible for Car Accidents in New Mexico's Fault-Based System?
The state of New Mexico operates under a false-based system when it comes to car accident cases and personal injury matters. Under this system, the party responsible for the auto accident also covers economic and non-economic damages. Under this understanding of the law, it is essential to determine who is at fault for car crashes. In most cases, the at-fault driver's auto insurance policy will cover the medical bills, property damage, and other financial losses; however, sometimes, the total compensation provided by car insurance is inadequate for the harm suffered by the injured parties. Also, sometimes, it is difficult to prove fault, and a thorough investigation may be necessary before determining liability.
Suppose you or a loved one have been in an auto collision. In that case, you must gather as much evidence as possible at the accident scene to support your car accident claim and make things easier for your personal injury lawyers when it comes time to file your case. Valuable evidence that can be collected at the car accident scene may include photographs of motor vehicles, sustained injuries, other property damage, debris left in the road, weather conditions, and more. Also, collect contact information from witnesses who saw the accident transpire and ensure that you file an accident report with law enforcement.
You must show that the other party was partially responsible for causing your injuries to prove liability and fault. In most circumstances, this requires showing that the other party was negligent in some action, which can be accomplished more easily with the legal services of car accident lawyers. Please contact our Albuquerque law firm to schedule a case evaluation with our legal team today.
What is Pure Comparative Negligence?
There are three different types of comparative fault. Pure contributory negligence is the most stringent of the three theories, and only five states continue to operate by this understanding of personal injury law. Per this theory of the law, the courts barred car accident victims from recovering any sort of financial compensation even if they were only 1% responsible for causing the accident. There is also pure comparative fault and modified comparative fault. Most states abide by modified comparative negligence rules. New Mexico is one of about a dozen states that abide by the pure comparative negligence theory of the law, which is generally considered the most lenient of all theories.
In pure comparative fault states like ours, individuals can collect economic or non-economic damages for their injuries and other losses even if the courts determined they were 99% at fault. In modified comparative fault states, a plaintiff is typically barred from financial recovery if their level of liability reaches 51%.
While pure comparative negligence rules make it easier to recover compensation, even if you are partially to blame for the accident, it can still dramatically affect the compensation you receive. Under this legal system, every involved party's degree of fault will be calculated as a percentage, and the total compensation amount will be adjusted accordingly.
What is the Impact of Comparative Negligence on Financial Compensation?
If you are 20% at fault for an auto accident, you will see your total compensation for damages reduced by 20%. This means that if you were initially slated to receive a maximum compensation of approximately $10,000, you would now receive only $8,000.
The lenient statute that allows recovery in most instances is very forgiving to car accident victims and those who have momentary lapses of judgment that make them partially to blame for car crashes. However, even under the most lenient of systems, there is the chance of losing a sizable amount of your settlement if the case proves that your liability was significant.
It is highly recommended that you retain the professional legal counsel of experienced car accident attorneys to defend your claims and fight against unjust insinuations of shared liability. Contact our New Mexico law firm for legal assistance today.
What Can You Do if You Disagree That You Were Partially Negligent?
The insurance company provider for the other driver or the legal representation of the at-fault party has the right to investigate your personal injury claim and look for evidence that you were comparatively negligent in reducing your total compensation. If the investigation shows you were partially liable, your maximum compensation will be reduced accordingly. But what if you disagree with the claims that you were partially negligent?
If you disagree about the level of liability that has been thrust upon your shoulders, contact experienced personal injury attorneys to discuss your car accident case. Your legal representative will investigate the accident, collect valuable evidence, interview eyewitnesses, and hire experts for testimony to prove that the other party was responsible for the accident and not you. Additionally, highly skilled attorneys can negotiate with insurance companies and convince insurance adjusters that the initial investigation was inaccurate and that you deserve more compensation.
Please contact us today to schedule an in-depth case review with our personal injury lawyers.
Is There a Deadline for Filing Car Accident Claims in Albuquerque, NM?
There is a statute of limitations for personal injury lawsuits and car accident claims in New Mexico. In most instances, the statute of limitations is three years from the date of the car crash. If you do not file a car accident lawsuit within three years of the auto accident, you may be barred from recovering a financial settlement for your injuries, medical expenses, lost income, and other damages.
There are different deadlines for filing insurance claims with insurance companies. Failing to meet those deadlines can also jeopardize your claims. We encourage you to contact our Albuquerque legal team to discuss your case as soon as possible following the accident.
Schedule Your Initial Consultation with Experienced Car Accident Lawyers in New Mexico Today
Our law firm has extensive experience representing car accident victims in Albuquerque, New Mexico. We will fight for a fair settlement and argue in your favor should the other motorists attempt to claim that you were primarily or even partially to blame for the auto accident.
To learn more about the benefits of retaining our legal services, please contact our NM law office to schedule a no-obligation case evaluation today.
You can reach us at 505-226-3205.