New Mexico follows a fault-based system for car accidents, where the at-fault party is financially responsible. Determining fault is essential, especially since multiple drivers can share blame under the state’s comparative fault system.
Insurance companies and courts examine all the available evidence, potentially bringing their own biases into the equation. At Olson Personal Injury Lawyers, we assist victims by investigating crashes, gathering evidence, advocating for fair compensation, and handling partial-fault situations. Contact one of our New Mexico car accident lawyers today to discuss your legal options so you can focus on recovery.
Key Takeaways
- New Mexico has a fault-based accident system, meaning the driver responsible for the accident must cover damages, and a pure comparative fault system, meaning you can recover accident compensation even if you’re partially at fault.
- Courts and insurance companies determine fault by looking at evidence such as accident reports, witness testimony, and expert analysis.
- An experienced New Mexico car accident lawyer can help you dispute partial fault claims, fight bias in official documents, and recover the compensation you deserve.
Understanding New Mexico’s Fault-Based Accident System
Like most states in the U.S., New Mexico operates under a fault-based accident system, which means that the person responsible for the accident is liable for the resulting damage. Insurance adjusters determine who is at fault in a claim, and courts determine fault in a legal case.
Financial responsibility is determined by New Mexico’s car accident fault laws. If a driver is found to be at fault in an accident, they will almost certainly be liable for compensating the other driver.
What Happens if You’re Partially at Fault for a Car Accident in New Mexico?
New Mexico uses comparative negligence, which means that you can recover compensation for an accident, even if you’re partially at fault. However, the amount of compensation you’re entitled to is reduced by your percentage of fault.
For instance, let’s say driver A was speeding and hit driver B, who was making a right turn without checking the intersection. A court finds that driver A was 60% at fault and driver B was 40% at fault, meaning the maximum amount driver B can get is 60% of the damages in the case.
Even a small change in your fault percentage—such as 20% versus 30%—can mean thousands of dollars, so accurately establishing fault is crucial. Insurance companies minimize their financial responsibility by contesting fault percentages.
When contesting fault in an accident, it helps to have a New Mexico personal injury lawyer by your side. At Olson Personal Injury Lawyers, we’ll help you challenge insurance company exaggerations, dispute misplaced blame, and fight for a fair result.
How Investigators and Insurance Companies Determine Fault
When determining fault, investigators and courts may look at:
- Police reports or any driving citations issued
- Statements from eyewitnesses
- Documentation of vehicle damage
- Expert testimony or accident reconstructions
- Surveillance or dash cam footage
Evidence doesn’t lie, but humans, including insurance adjusters, can bring their own biases to the table when determining fault. Working with a lawyer can make the process fairer by helping you push back against adjusters who misinterpret the documentation.
Further complications may apply if the other driver is uninsured. Contact a New Mexico car accident attorney to learn more.
Common Factors That Influence Fault in New Mexico Car Accidents
Determining fault means analyzing all the available evidence, but a few factors are particularly impactful.
- Distracted or impaired driving: If a driver is distracted, drunk, or high when the accident happens, they are more likely to be found at fault.
- Speeding or tailgating: Reckless drivers are more likely to be found at fault.
- Failure to yield or obey traffic laws: Drivers have a duty to drive in a lawful manner.
- Weather or traffic hazards: If poor weather conditions contribute to an accident, a driver may be less at fault for an accident, even if they were otherwise driving recklessly.
All drivers in New Mexico have a duty of care towards other drivers and pedestrians. They must obey all laws and drive safely and reasonably. If they neglect this duty of care, they may be held liable for an accident.
Car accidents can cause life-altering injuries and leave you with significant financial burdens. If you’ve been hurt due to someone else’s negligence, you may have the right to compensation. Our car accident lawyers are here to help you get justice.
How Police Reports and Citations Impact Fault
Insurance companies and courts consider several factors, including any police report. Police reports can influence fault decisions, but they’re not always correct. Officers may overlook key evidence or make assumptions based on incomplete information. If your report contains errors, an attorney can help you gather new evidence—such as dashcam video or expert testimony—to challenge the findings.
If you’re in a car accident, the first thing you should do is call 911. First responders can help protect people’s safety, and police at the scene will complete an accident report. They may also issue any needed traffic citations.
Can Fault Be Reassessed After New Evidence Appears?
Settling a contested insurance claim can take a while—adjusters and courts want to review all available evidence. That means there’s time to uncover new evidence that changes the finding of fault. New video documentation from a dash cam or an expert accident reconstruction could completely change the understanding of the accident.
Disputing car accident fault is possible, but gathering the necessary evidence to do so requires time and resources. Speaking to a lawyer soon after your accident means you have the best possible chance to dispute fault and get the compensation you deserve.
How Olson Personal Injury Lawyers Can Help Prove Fault
You can be in a scary situation after a car accident—injuries, time off work, and growing medical bills can all affect your sense of well-being. Things get even worse if you don’t understand car insurance fault rules in New Mexico, or if you think you won’t get the compensation you deserve.
At Olson Personal Injury Lawyers, your case is personal to us. We know how it feels to be unfairly blamed for a car crash, and we have the resources to investigate the accident and gather strong evidence to help you fight your case. We’ll work with expert witnesses, including accident reconstruction specialists, to enhance our understanding of the crash.
In shared fault situations, we’ll negotiate with insurers to dispute fault calculations and get you the full settlement amount you’re entitled to. If all else fails, we’re prepared to take your case to trial and prove our case there. Our clients know they can count on us for amazing customer service.
Schedule a Free Consultation With Our New Mexico Car Accident Lawyers
Choosing a personal injury lawyer to fight on your behalf is a big deal, and at Olson Personal Injury Lawyers, we don’t take that responsibility lightly. We’re prepared to go the extra mile for you, whether that means meeting you at home or just being a friendly voice on the other end of the phone.
If you were the victim of a car accident in New Mexico and there is a dispute over who is at fault for the crash, don’t wait to get the help you deserve today. Call 505-391-8978 or reach us online today. We proudly serve clients across New Mexico, with offices conveniently located for in-person or virtual consultations. Your consultation is free, and you owe nothing unless we win.
Discover the Benefits Of Working With the Experienced Team at Olson Personal Injury Lawyers
