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Determining Fault, Apportioning Liability, and Awarding Damages in New Mexico Car Accidents

Posted in Auto Accidents

Vehicle accidents not only hold the possibility of a serious injury or death but also may take a great emotional and financial toll. When individuals have been involved in an accident, it is incredibly important that a determination of fault, often through an investigator, takes place. Although many people are under the impression that the fault determination is decided through a police official, it is actually more often than not conducted by an insurance company. The insurance company will investigate the circumstances surrounding the accident and will determine the fault of the parties. The importance of having your own advocate and investigator in these situations cannot be overemphasized.

To determine fault, in New Mexico, the investigator has to decide which individual breached a duty of care that resulted in the other person’s injuries. The insurance company will rely on the initial police reports and statements from witnesses and those involved in the accident.

After the insurance company determines who was at fault in its opinion, it will next apportion liability to the parties it finds responsible. As of 2012, several states, including New Mexico, follow the comparative fault standard. Under this theory of liability, a person’s damages award is reduced by the amount of fault that is apportioned to them.

The most common problem in these cases is a lack of due diligence or bias when determining fault. These issues can result in a plaintiff being seriously under-compensated for the injuries they suffered.

Fatal Car Crash in New Mexico Involving Texas Woman

Earlier this month, a local Albuquerque news report indicated that a 50-year-old woman was killed at the scene of a terrible car accident on Interstate 40. The woman’s husband suffered some injuries but was able to tell investigators some details regarding the crash.

According to the husband, he and his wife were leaving the Route 66 Casino while driving on a flat tire. Apparently, he was driving around 20 mph with his flashers. While he was proceeding in this fashion, another car that was traveling around 75 mph slammed into the back end of the couple’s car.

That man told police officials that he failed to see the car in front of him because the sun was glaring in his eyes. According to New Mexico police officials, no criminal charges will be filed in this case. However, that does not preclude the possibility of a civil claim by the deceased woman’s family.

Have You Been Injured Because of the Negligence of Another in New Mexico?

If you have been injured in a motor vehicle accident in New Mexico, it is important that you have a dedicated and experienced personal injury attorney in your corner. In many cases, the defendant will have a zealous advocate to represent their interests. This advocate may try to avoid blame by apportioning fault to you. An attorney at the Fine Law Firm can assist you in pursuing your case and seeking the compensation to which you are rightfully entitled. This compensation may include monetary damages for the medical treatment you received as well as compensation for lost wages and pain and suffering. Contact an Albuquerque car accident attorney at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

State Court Hears Appeal Following Denial of Expert Testimony, New Mexico Personal Injury Lawyer Blog, February 2, 2016.

Tenth Circuit Upholds Validity of Liability Waiver After Rafting Accident, New Mexico Personal Injury Lawyer Blog, January 20, 2016.