How is fault determined in a New Mexico car accident case?

Generally, most car accidents are preventable. In fact, studies show that over 90% of car accidents are attributable to human error. If you are involved in a car accident that is not your fault, you can pursue financial compensation from the other party or their insurance company.

However, to win your New Mexico car accident case, it will be necessary to prove the other party’s negligence. As far as car accidents and compensation are concerned, negligence is a term used to determine who is responsible for causing the accident and, in turn, who is responsible for paying compensation for the damages.

New Mexico comparative negligence

New Mexico is among the 13 states that use a pure comparative negligence rule in personal injury cases. Under the comparative negligence rule, the amount of compensation you are entitled to will diminish based on how much you are at fault for the accident. In other words, if a jury decides the amount of damages comes to $100,000 and you are 30% at fault, you would be entitled to 70% of the $100,000.

Strengthening your car accident case

Under the pure comparative negligence rule, you may be entitled to compensation even if your contribution to the accident was greater than the other party’s. And with the right evidence, you can build a strong case and get the compensation you deserve.

Here are three tips that can help you strengthen your New Mexico car accident claim:

• Call the police: New Mexico statute requires that you call the police to the scene if the accident results in bodily injury or death, or if there is property damage in excess of $500.
• Watch your words: Making excuses, apologies or an admission of fault can greatly hurt your case. Never give a recorded statement to the insurance company in the absence of your legal representative.
• Contact an attorney: To get the maximum available compensation for you injuries, you will need an experienced legal representative on your side. The sooner you get an attorney involved, the sooner your attorney can start fighting to get you the compensation you need.

To learn more about these matters, please see our Car Accident FAQ.