The driver who rear-ended the vehicle in front of it is typically at fault in a rear-end collision in New Mexico. However, this is not always the case. The driver in front, also known as the lead driver, could be at fault for a rear-end collision if they engaged in negligent acts, such as stopping suddenly or “brake checking.”
In This Article
A New Mexico personal injury lawyer gives you an overview of your legal rights and discusses how civil statutes determine fault in a rear-end collision, examples of at-fault negligence, what it means if you can prove your injury case, and how legal representation could help you achieve a better outcome versus facing the insurer alone.
Overview of Filing an NM Rear-End Collision Lawsuit
If injured by a negligent driver in a rear-end collision, you can recover financial compensation for your losses in New Mexico. The at-fault driver’s insurer is responsible for paying you an award since New Mexico follows an at-fault insurance system.
Determining fault in a rear-end collision is essential since it determines who is legally liable. Liability is often the result of negligence, which generally means they failed to meet their general duty of care.
Related Article: Is New Mexico an At-Fault Insurance State?
Civil Statutes Determine Fault in Your Rear-End Accident
New Mexico determines fault by a percentage of which the parties contributed to the accident comparatively per NMSA § 41-3A-1. This concept is known as comparative negligence. So, for example, say you were speeding slightly and contributed to the accident, you may get less for your injuries than if you had been following the speed limit, hypothetically speaking.
Examples of At-Fault Negligence in a Rear-End Case
Comparative negligence may be a significant point of contention in any injury case. The other driver may deny your account, or the insurer may not have enough information to render a fair decision. It is also sometimes challenging to recognize the direct cause of the accident in the first place.
Examples of at-fault negligence exhibited by either driver in a rear-end collision may include:
- Distracted driving
- Failure to check road hazards
- Improper vehicle maintenance
- Drunk or drugged driving
- Unlicensed driving
- Poorly designed or maintained roads
- Other examples of negligence
Regardless of your side of the story, it is essential to know that you must prove your case. Their insurer has no legal obligation to pay unproven rear-end collision injury claims in New Mexico.
As such, it may be worth speaking with a personal injury lawyer about your case since you could be leaving a significant amount on the table during the claim’s process.
Related Article: What to Do If the At-Fault Driver and Insurer Deny Liability After a Car Accident
How Much a Rear-End Collision Case Is Worth In New Mexico
Rear-end accident injury victims in New Mexico can recover a settlement from the at-fault driver’s insurance or from your UI/UM policy, depending upon coverage and facts of the case. The amount you can receive will also hinge on several factors, such as the severity of your injuries and available evidence.
Insurers consider the following when assessing economic damages:
- Current medical costs
- Lost work wages
- Future medical expenses
- Future lost earnings
- Physical pain and suffering
- Lost enjoyment of life
- Punitive damages
- Other recoverable awards
It is vital for injury victims to hire a New Mexico attorney after an injury. We will ensure you get the amount you deserve while presenting your case in the most accurate and favorable light possible.
Related Article: How Is Pain and Suffering Calculated in New Mexico?
Evidence Is Vital to Prove Your Rear-End Accident Injuries
Evidence is an essential part of proving that the other driver’s negligence. The more available, the better chance there is of obtaining a settlement or civil award you deserve. However, it is challenging to obtain evidence without legal help in some situations.
For example, it is easy to get copies of your medical records, but it is far more challenging to obtain cell phone data, police footage, and other forms of vital evidence.
The most proactive way to protect your case from the outset and preserve necessary evidence is to hire with a personal injury attorney in New Mexico. We have legal resources and connections that help us prove your losses so that you get the money you need after a rear-end collision.
Related Article: What Evidence Do You Need to Prove a Car Accident Injury?
Hire Our Legal Team to Represent Your Rear-End Collision Case
If you suffer from rear-end accident injuries, contact an experienced New Mexico personal injury attorney. Grano Law Offices, P.C. will work diligently to ensure that you get the outcome you deserve.
Get a Free Case Evaluation Now
There are zero attorneys’ fees until you win your case, and our legal team welcomes you to contact us for your no-cost, no-obligation consultation. It is a chance for you to learn more about your legal options. Call us for your Free Case Evaluation now by calling (505) 426-8711 or message Marc A. Grano via the contact form below.
