Is New Mexico an At-Fault State?
When it comes to car accidents, understanding the legal framework governing liability is crucial for all parties involved. States are considered “fault” or “no-fault.” Unlike a no-fault state, where each driver's car insurance covers their own injuries regardless of fault, New Mexico operates under a pure fault-based system.
In essence, this means that the person responsible for causing the accident is also liable for any resulting damages. The damages awarded for a car accident can include medical expenses, property damage, lost wages, and pain and suffering.
Additionally, New Mexico follows a comparative fault system, which allocates responsibility for an accident based on each party's degree of negligence. Under comparative fault, even if you're partially at fault for an accident, you may still be entitled to compensation, though the amount could be reduced proportionally to your degree of fault.
Determining Fault in Car Accident Claims
Establishing fault in a car accident involves examining various factors, including traffic laws, eyewitness testimony, police reports, traffic or dashcam footage, and expert analysis if necessary.
- Single-Party Fault Example: Imagine Driver A runs a red light and collides with Driver B, who had the right of way. In this scenario, Driver A is clearly at fault for violating traffic laws, and Driver B would be entitled to seek full compensation for damages such as medical bills, car repairs, and lost wages.
- Shared Fault and Proportional Reduction Example: Consider an accident where Driver A is speeding and Driver B changes lanes without signaling. The investigation reveals that Driver A is 60% at fault for speeding, while Driver B is 40% at fault for failing to signal. If Driver B's damages amount to $10,000, their compensation would be reduced by their percentage of fault (40%). Therefore, Driver B would receive $6,000 in damages instead of the full $10,000.
This nuanced approach acknowledges the multifaceted nature of car accidents, recognizing that culpability may not always lie solely with one party.
Why Identifying the at-Fault Party Matters
The ramifications of fault extend beyond mere legal categorizations, permeating insurance coverage, compensation, and legal obligations. According to the New Mexico Department of Transportation’s Annual Crash Report, every vehicle accident harbors the potential for catastrophic or life-altering consequences, with about 31% of crashes leading to injuries. While some injuries heal with time, that is never a guarantee, and it is very important to seek immediate medical attention.
A staggering 38% of fatal pedestrian accidents are attributed to driving under the influence. Hit-and-run incidents, comprising about 18% of crashes, add another layer of complexity to the state's road safety landscape.
New Mexico's laws mandate drivers to remain at the scene of an accident and promptly report the incident to authorities. Failure to adhere to these legal obligations can result in severe penalties for the at-fault driver.
Under New Mexico Statutes Section 66-7-201, drivers involved in accidents resulting in injury, death, or property damage of $500 or more must immediately notify law enforcement. The law requires drivers to exchange information with other involved parties, including names, addresses, vehicle registration numbers, and insurance details.
Additionally, leaving the scene of an accident that caused great bodily harm or death is considered a fourth-degree felony in New Mexico, potentially resulting in up to 18 months in prison and substantial fines.
New Mexico Auto Insurance Requirements
Because New Mexico operates under a fault-based system, every driver must carry at least the state’s minimum liability insurance coverage to operate a vehicle legally. Drivers have a financial responsibility to other motorists in the event an accident occurs. How much car insurance you need may vary, but the minimum requirements are:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury per accident if multiple people are hurt
- $10,000 for property damage
Driving without insurance can lead to fines, license suspension, and other penalties. Ensuring you have the right coverage not only helps you meet legal requirements but also protects you, other drivers, and pedestrians in the event of an accident.
Underinsured Motorist Coverage
In New Mexico, underinsured motorist (UIM) coverage provides protection for accident victims when an at-fault driver's liability insurance isn't sufficient to cover all damages. While New Mexico requires drivers to carry minimum liability coverage, these limits can quickly be exceeded in serious accidents. UIM coverage steps in to cover the difference between the liable party's insurance company limits and your total damages up to the policy limits from your own insurance company.
Importantly, New Mexico law requires insurance companies to offer UIM coverage equal to your liability limits, though you can choose to reject it in writing. The coverage applies not just to medical expenses but also to lost wages, pain and suffering, and other damages.
A unique aspect of New Mexico's UIM law is that it allows for "stacking" of coverage - if you have multiple vehicles insured on your auto insurance policy, you can combine or "stack" the UIM limits for each vehicle to increase your total available coverage.
Legal Guidance and Advocacy
Determining fault and pursuing compensation after a car accident can be daunting, especially when facing insurance companies and legal proceedings. That's where experienced legal representation becomes invaluable.
The Gauthier & Maier Law Firm offers invaluable counsel and advocacy for victims navigating the complexities of motor vehicle accident claims. Whether pursuing compensation for injuries or seeking justice for a loved one, expert legal guidance from our Los Lunas and Albuquerque car accident lawyers can pave the path toward recovery and restitution.
Contact Gauthier & Maier Law Firm, P.C.
In New Mexico, the fault rule for car accidents emphasizes determining liability based on negligence. Most car accidents involving two or more persons come down to human error. Whether you're a driver involved in an accident or a victim seeking compensation, working with an attorney who understands how fault is established and its implications is essential.
By familiarizing yourself with New Mexico's fault rule and seeking legal guidance, you can protect your rights and pursue justice after a car accident. Our firm offers a free consultation and case evaluation. We operate on a contingency fee basis, so there are no up-front costs or lawyer fees. We don't get paid until we secure a verdict or settlement for you.
This structure allows you to pursue justice with the minimum amount of worry and stress. If you've been involved in an accident in New Mexico through no fault of your own, contact us today. Call our main office at 505-226-0009 or contact us online, and let us use our legal experience to help you.