Did you know that more than 30 percent of New Mexico car accidents resulted in an injury? Newly released data in the 2023 Community Report highlights that numerous crashes cause personal injuries throughout the state. A 2022 report also concluded that human error was the primary cause of fault in over 55 percent of in-state accidents.
New Mexico’s ‘at-fault’ insurance system plays a crucial role when human error behind the wheel arises. Under this system, negligently injured people can pursue compensation through the at-fault driver’s insurance company.
And because fault determines liability, it directly impacts the amount an insurer will offer for a settlement. Understanding this concept is essential if another person’s negligence recently injured you or a loved one in an accident.
In This Post
New Mexico personal injury lawyer Marc A. Grano explains:
- Understanding New Mexico’s “At-Fault” System
- How Pure Comparative Negligence Affects Fault
- Factors That Determine Fault
Keep reading to learn about how fault is determined after a car accident in New Mexico and protecting your rights.
Understanding New Mexico’s “At-Fault” System
New Mexico’s civil laws follow an at-fault insurance system. An at-fault insurance system requires the liable party (most likely an insurer) to pay for the negligently injured person’s losses, also known as damages. This system contrasts with a fault-based one where either party files a claim with their insurance company regardless of fault.
The Role of Negligence
Within the context of personal injury law, negligence is when a person does not act reasonably, and their actions result in an injury to another person. However, suppose you accuse another driver of acting negligently. In that case, you must prove four elements, including 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.
Here is a brief explanation of each element:
- Element 1. Duty of care: All drivers owe each other a duty of care by operating their motor vehicles safely on roadways per the case of Horrocks v. Rounds (1962), which stated, “A motorist must exercise care commensurate with the situation confronting him.”
- Element 2. Breach of duty: If a driver operates a motor vehicle carelessly, such as texting-and-driving (a misdemeanor in New Mexico under NSMA § 66-8-114), they are in breach of their duty of care.
- Element 3. Causation: If a driver’s breach of duty of care results in an accident, then their actions meet the element of causation.
- Element 4. Damages: If the accident results in financial losses, you have the right to car accident injury compensation that pays for your medical expenses, lost work wages, and pain and suffering.
You must demonstrate that the other driver acted unreasonably and met the elements of negligence to receive an equitable settlement. Otherwise, you might accept an unfair amount if the insurance company assigns too much blame to your side. When in doubt, get legal advice from an experienced personal injury lawyer like Marc A. Grano.
How Pure Comparative Negligence Affects Fault
New Mexico’s pure comparative negligence rule also limits liability when more than one person is at fault for causing someone’s injuries, whether it be another driver, government entity, or the injured person. Under NMSA § 41-3A-1, the law states that if the at-fault driver can prove that someone else contributed to the injury, they are only liable for paying an amount equal to their ratio or percentage of total fault.
Example of How Pure Comparative Negligence Works
The Accident: Imagine a driver heading westbound on State Road 240 in Taos. Another driver is heading in the opposite direction while texting, driving, and initiating a left-hand turn onto Blueberry Hill Road without signaling. The westbound driver T-bones their vehicle since they were not given enough time to stop, nor can they stop the vehicle’s momentum, pushing both cars into a light pole.
The Aftermath: Both parties suffer from severe injuries: the westbound driver from the T-bone accident and the eastbound driver from being pinned against the light pole. Once released from the hospital, the westbound driver filed a claim against the at-fault driver’s policy. The at-fault driver hired a Taos car accident lawyer who determined with an expert witness that the westbound driver’s brake pads were almost completely worn down.
The Issues: Could the westbound driver even stop within the given rules of New Mexico’s traffic laws? Did the failing brake pads cause them to push the at-fault driver into the light pole, causing their injuries in a secondary accident?
The Outcome: The investigation establishes the eastbound driver’s negligence as the cause of the accident. Their inattentive driving and failure to signal while turning onto Blueberry Hill Road created a dangerous situation for the other driver. However, the investigation also reveals that the westbound driver had worn brake pads, likely contributing to the severity of the impact and the subsequent collision with the light pole.
The Damages: The westbound driver is awarded $100,000 for their injuries, lost work wages, and pain and suffering, while the eastbound driver is awarded $50,000 for theirs. However, they cannot collect this amount in full due to each driver’s negligent actions. Therefore, several liabilities expressed as a ratio or percentage must be determined.
Considering all evidence, including expert testimony and accident reconstruction, fault is allocated in this hypothetical scenario as follows:
- Eastbound Driver: 80% liable. Their negligent actions were the primary cause of the accident and the resulting injuries to both parties. The eastbound driver can recover $10,000 from the westbound driver’s insurance policy.
- Westbound Driver: 20% liable. Their failure to maintain their brakes likely increased the accident’s severity and contributed to the extent of the eastbound driver’s injuries. The westbound driver can recover $80,000 from the eastbound driver’s insurance policy.
This example illustrates that you might still have the right to recover a settlement even if you were partially at fault. However, you might not know this option is available without legal advice from an experienced car accident injury lawyer and their ability to investigate accidents with admissible evidence. If you think something could have contributed to your injuries, regardless of fault, speak with a knowledgeable legal team, like Grano Law Offices, P.C.
3 Factors That Determine Fault After a Car Accident
Determining fault after a car accident requires a thorough investigation of the facts to establish who was responsible for causing the collision. This process often requires thoroughly investigating the accident scene, witness statements, and physical evidence. By understanding these factors, you might better understand how fault is determined after a car accident in New Mexico and how it can impact your legal rights.
Factor 1. Traffic Laws
A traffic law violation under New Mexico law implies negligence. The implication is that all drivers owe each other a duty of care, and breaking a traffic law breaches this duty. As such, any driver found violating the provisions of any law while behind the wheel could face civil culpability for injuries and other damages.
Examples of traffic violations that often lead to accidents include:
- Careless driving
- Distracted driving
- Driving on a revoked license
- Failing to obey lights
- Failing to obey signs
- Failing to signal
- Failing to yield
- Improper lane changes
- Intoxicated driving
- Poor road design
- Reckless driving
- Speeding
Factor 2. Evidence
Evidence plays a central role in determining fault after a car accident. It provides concrete support for negligence claims and helps establish the events leading to the collision. Gathering and preserving evidence is essential for building a strong case against those who should be held accountable.
Common types of evidence include:
- Accident reports
- Eyewitness statements
- Insurance claim forms
- Medical records
- Pay stubs
- Personal notes
- Photos and videos
- Police reports
- Receipts
- Vehicle damage
- Written communications
Factor 3. The Scenario
The specific circumstances of a car accident significantly influence how fault is determined. Different scenarios present unique challenges in establishing who was at fault. Investigating the details of the accident, such as the type of accident and the actions of each driver, is crucial in understanding how fault is assigned.
Examples of common accident scenarios include:
- Head-on collisions
- Hit-and-run accidents
- Intersection accidents
- Left-turn accidents
- Rear-end collisions
- Single-vehicle accidents
An accident reconstructionist may play a significant role in complex car accident cases where fault is challenging to determine. These experts use their knowledge and skills to analyze evidence and reconstruct the events surrounding the collision. Their findings can provide valuable insights into how the accident occurred and who was at fault, helping to ensure a fair outcome for all parties involved.
How Was Fault Determined After Your Car Accident in New Mexico?
Determining fault after a car accident in New Mexico involves complicated and nuanced legal principles, evidence, and the specific circumstances of the accident. If you or a loved one have been involved in a car accident, seek legal counsel to protect your legal rights and obtain the settlement or civil award you deserve. At Grano Law Offices, P.C., we have the experience and resources to guide you through this process while fighting for the outcome you want and deserve.
Put a Set of Legal Eyes on Your Case
You do not have to face the aftermath of a car accident alone. Our compassionate and experienced personal injury lawyer, Marc A. Grano, will review your case, answer questions, and explain your options. Contact Grano Law Offices, P.C. today for your Free Case Strategy Session at (505) 426-8711 or message us below (virtual visits available).
