When someone gets injured in an accident, fault is not always black and white. It is common for two or more parties to share the blame for an injury. If you played a role in causing your own injury, you can still recover compensation in New Mexico. The state’s comparative fault or negligence law can entitle you to at least a partial settlement.
What Is New Mexico’s Comparative Negligence Law?
Comparative negligence is a legal doctrine that the majority of states use to protect an accident victim’s right to recover financial compensation and be made whole again despite his or her contributions to the incident.
While there are some states that use a contributory fault law, which bars a plaintiff from financial recovery with even 1 percent of the blame, New Mexico and most other states still allow plaintiffs to recover a portion of compensation.
Pure vs. Modified Comparative Negligence Rules
Various states choose to use pure vs. modified comparative negligence laws. New Mexico is a pure comparative fault state. This means an injured accident victim can still recover a percentage of financial compensation with any amount of the blame assigned to him or her, short of 100 percent.
Even if a plaintiff has the majority share of fault (51 percent) or more, he or she can recover the remaining amount in financial compensation from the other party/ies in New Mexico. In modified comparative negligence states, on the other hand, a plaintiff’s right to recover compensation is barred at a certain value, typically around 49 to 51 percent.
How Does Partial Fault Affect Your Compensation?
When you file an injury claim in New Mexico, it triggers an insurance investigation. If an insurance company deems you partially at fault for your own injury, it will assign or allocate a percentage of the blame to you. An amount equivalent to this percentage of fault will then be deducted from your final settlement amount.
For example, if you get injured in a car accident and are assigned 15 percent of the blame, a settlement of $50,000 would be reduced by 15 percent ($7,500) to $42,500. The other driver involved would be responsible for paying the remaining 85 percent of the settlement for his or her contribution to the crash.
How Is Fault Determined in New Mexico Car Accident Cases?
Determining and proving fault in New Mexico takes evidence. Most car accident cases center on the legal doctrine of negligence. In personal injury law, someone is negligent if he or she breached a duty of care owed to others, such as the duty that all drivers have to drive safely and prevent accidents. Proof of negligence, such as driver distraction or intoxication, can make that driver liable for damages suffered by victims.
When to Hire a Personal Injury Attorney in New Mexico
You may still be eligible for financial compensation if you are partially at fault for your own injury after an accident in New Mexico. However, it is important to minimize your degree of fault as much as possible to maximize your financial recovery. Hiring an experienced personal injury attorney in Albuquerque can help you protect your rights and negotiate a settlement that is fair to you based on the circumstances. A lawyer can thoroughly investigate to determine fault and collect evidence against another party on your behalf to argue for maximum compensation.