If you find yourself needing to file a personal injury claim in New Mexico, there are many complex laws you must learn and work through. One is the comparative fault law, which allows an injured victim to remain eligible for financial compensation even if he or she is partially to blame. Understanding New Mexico’s comparative fault and shared liability laws can make it easier for you to protect your rights during your case.
How Is Liability Determined in a New Mexico Personal Injury Case?
The foundation for most personal injury claims in New Mexico is the legal doctrine of negligence. Someone is negligent if he or she does not act with proper care according to the circumstances. Negligence consists of a duty of care owed, a duty of care breached, causation and damages.
If it can be proven using evidence that someone was negligent and this resulted in harm to another person (the plaintiff), the negligent party (defendant) can be held accountable with a personal injury claim. The victim may be awarded financial compensation to be made whole again from the defendant’s insurance company.
When it comes to determining who is liable or financially responsible for a car accident, New Mexico is a fault state. This means the driver or party at fault for causing the motor vehicle collision can be held accountable for paying for the victim’s medical bills and property damage. If more than one party is at fault for the accident, they can share liability. An auto accident lawyer in Albuquerque can help you learn more about your options and protect your rights.
What Is “Joint and Several Liability” in New Mexico?
In the past, New Mexico imposed a “joint and several liability” law when two or more parties shared fault for an accident. As of 2024, however, this law has been abolished in most cases. There is now only a several liability law, which holds each individual defendant responsible for the portion of harm he or she directly caused.
If multiple defendants are named in a personal injury case, each will be assigned or allocated a specific percentage of fault. Each defendant will then be held responsible for their own contributions to the accident. If one defendant is given 85 percent of the blame and another 15 percent, for example, each would only be responsible for paying their respective percentage of a settlement or judgment award.
Joint and several liability laws still apply in special circumstances in New Mexico, such as to strict product liability claims. If multiple defendants are responsible for producing or distributing a defective product, all parties that are found liable will have to pay the entire damage award, even if each individual defendant’s share of fault is less than 100 percent.
What Is New Mexico’s Pure Comparative Fault Law?
Comparative fault, also referred to as comparative negligence, is a legal doctrine that reduces a plaintiff’s financial damages based on his or her proportion of fault for an accident, rather than barring the plaintiff completely from damages.
In New Mexico, you can still be compensated for your losses if you contributed to an accident or your own injuries, as described under Scott v. Rizzo, 634 P.2d 1234. As long as someone else is also to blame, you can receive some compensation from that party’s insurance provider.
Is There a Cap on Comparative Negligence in New Mexico?
New Mexico abides by a pure comparative fault law rather than a modified version. In states with pure comparative negligence laws, a victim can be 99 percent at fault for an accident and still be eligible to recover the remaining 1 percent in damages from a defendant.
States with modified comparative negligence laws, on the other hand, impose caps or limits on the percentage of fault that can be allocated to a plaintiff and still result in compensation. Typically, these caps are around 50 percent, or the “majority share of fault.”
How Can Comparative Fault Affect My Personal Injury Claim?
New Mexico’s comparative fault law can have a major impact on your personal injury or car accident claim. If you need to file an insurance claim, the insurer will investigate the incident to determine who is at fault. If you are assigned a percentage of fault, this can diminish your financial damage award by a proportionate amount.
Sharing liability for your injury can affect your payout dramatically. For example, if your total damages in a car accident claim equaled $200,000 but you are allocated 20 percent of fault, your award would be reduced by a matching percentage ($40,000) to $160,000. If you were awarded $2 million, however, 20 percent of shared fault would lead to a $400,000 loss.
How to Protect Yourself From the Comparative Fault Defense
If you get hurt in an accident in New Mexico, there are steps you can take to build a stronger claim and protect yourself from insurance company tactics from the beginning. You can help prevent comparative fault allegations by:
- Involving the police. Notify law enforcement about the accident to obtain an official police report, which can contain information and evidence against the other party.
- Never admitting fault. Don’t apologize to the others involved in your accident or confess to having anything to do with causing it.
- Collecting evidence. Get medical care for your injuries immediately and keep copies of your hospital records. Take pictures at the scene and gather any other evidence that you can, as well.
One of the most important steps to take to protect yourself from a comparative fault defense in a case involving shared liability is to hire an experienced lawyer in New Mexico to represent you.
The Benefits of Hiring an Attorney
If you suffered through a traumatic experience, the amount of compensation you lose due to the argument of comparative negligence can be life-changing. A skilled personal injury lawyer in Albuquerque can advocate for your rights and protect your financial recovery with aggressive legal strategies.
An attorney can gather evidence to prove that someone else shares fault for your accident, such as:
- A police or incident report
- Photographs of the accident scene
- Video surveillance footage
- Witness statements
- Testimony from medical experts and accident reconstructionists
- Cell phone records
- Employment records
- A vehicle’s black box
Your lawyer can use this evidence to build a compelling case showing that the defendant is primarily responsible for the accident or your injuries. This can protect your settlement and optimize the amount you receive, allowing you to get the most out of your payout. Powerful legal advocacy can make it easier to establish fault and keep more of your settlement award.