What is Comparative Fault?
If a reckless, negligent, or intoxicated motorist injures you in a New Mexico car accident, you must have the advice and services that an Albuquerque car accident lawyer provides. You should contact that lawyer immediately after a medical provider treats you for your injury.
In personal injury cases based on automobile accidents, "comparative fault" determines the amount of compensation that an injury victim may recover. How does comparative fault work in New Mexico? If another driver injures you, how will comparative fault affect your case?
Comparative fault is a legal principle that establishes how much compensation you may receive after a car accident if you are partially at fault for the accident. If you qualify for compensation, an Albuquerque car accident attorney can help you recover that compensation.
How Many Car Accidents Happen in New Mexico?
Car accidents resulting in serious injuries are not unusual in New Mexico. In 2023, more than 42,000 traffic accidents were reported to New Mexico law enforcement agencies, resulting in more than 19,000 injuries and 436 fatalities.
On an average day in this state, 117 traffic accidents take place, 52 people sustain injuries in those accidents, and at least one person loses his or her life in a traffic collision.
How Does Comparative Fault Work in New Mexico?
The courts in New Mexico and twelve other states operate under a pure comparative fault system. In New Mexico, even if you are ninety-nine percent at fault for a car accident, you may still recover one percent of your damages.
Let's say Driver A makes a reckless lane change and collides with Driver B, who was driving at ten miles per hour over the limit. A court or insurance company may find that Driver A was 85 percent at fault for driving recklessly and Driver B was 15 percent at fault for speeding.
If Driver B's damages amount to $100,000, under the comparative fault system in New Mexico, Driver B's compensation is reduced by 15 percent. Driver B may recover $85,000. Driver A would also be eligible to recover fifteen percent of his or her own damages.
How Are Car Accident Claims Settled in New Mexico?
Personal injury claims based on auto accidents are usually resolved when the attorneys for both parties meet out of court to negotiate a settlement. It's rare, but if no acceptable settlement offer is forthcoming or if fault for the accident is disputed, a car accident case may go to trial.
At trial, jurors hear testimony from both sides, view photographs of the damages to the vehicles, and consider other evidence, including the police accident report and the victim's medical records.
Jurors then determine which motorist should be assigned liability for the accident. If both motorists are liable, the jurors decide how much liability to assign to each.
How Will an Albuquerque Personal Injury Attorney Help You?
Personal injury attorneys in New Mexico negotiate routinely with auto insurance companies. Personal injury attorneys know the negotiating tactics insurance companies employ, and they also know how to recover the compensation that an injured victim of negligence requires.
If you don't contact a lawyer immediately after you've been injured, evidence deteriorates, memories fade, and it becomes increasingly difficult to prove your claim and recover your compensation. Your Albuquerque car accident lawyer should question the witnesses and examine the evidence as soon as possible.
Your accident attorney will explain how New Mexico's pure comparative fault rules apply to your case. Your attorney will negotiate – and go to trial if necessary – for the compensation you are entitled to under New Mexico law as the injured victim of another motorist's negligence.
Why Does a Victim of Negligence Require a Lawyer's Assistance?
Too many car accident victims in New Mexico fail to seek an attorney's help. They often settle injury claims too early and accept inadequate settlements. If you take an insufficient settlement offer, you waive your right to recover additional compensation and take further legal action.
If another motorist injures you in New Mexico, an Albuquerque car accident attorney will fight aggressively and effectively to ensure that you obtain complete compensation for your medical costs, your lost wages, your personal suffering and pain, and your related damages and losses.
What is New Mexico's Deadline for Taking Legal Action?
In most cases, New Mexico's deadline (statute of limitations) for initiating a personal injury lawsuit based on a car crash is three years from the accident date. However, if you bring a claim against a government employee or agency, you may have ninety days or less to take action.
Exceptions to the deadlines are rare, but if a deadline has already passed, speak to an attorney who can determine if your case is an exception. If you have been recently injured in a car accident or if you are injured in a collision in the future, contact an injury attorney at once.
Acting swiftly allows your attorney to scrutinize the evidence before it deteriorates or disappears and to speak with witnesses before their memories fade. After a medical provider examines, treats, and releases you, call the offices of Gauthier & Maier Law Firm as quickly as possible.
Bring Your Car Accident Claim to Gauthier & Maier
Gauthier & Maier Law Firm represents our clients on a contingent fee basis. If you proceed with a car accident claim, you will pay us no upfront fee, and you will owe us no lawyer's fee unless and until we negotiate an out-of-court settlement or obtain a jury verdict on your behalf.
Our record of prevailing on behalf of our clients speaks for itself. Gauthier & Maier Law Firm routinely recovers six- and seven-figure settlements and judgments for our clients. We know how to prove liability in car accident cases and how to recover the compensation our clients need.
Your first legal consultation with Gauthier & Maier Law Firm is provided with no obligation or cost. You will receive personalized advice and learn how New Mexico law applies to your case. To learn more or begin the legal process now, contact Gauthier & Maier Law Firm at 505-226-0009.