It is illegal to operate a motor vehicle without a valid driver’s license in New Mexico. If you get into a car accident with a driver who does not have a license, this could be used as evidence of fault in certain circumstances. If you were the driver without a license, however, know that this does not automatically bar you from financial compensation. You may need to hire a car accident attorney in Albuquerque, NM to help you with your claim.
New Mexico Is a Fault State
It’s important to know that New Mexico uses a fault-based law to decide who pays for an automobile accident. Whoever is at fault for causing the car accident is responsible for paying for the victim’s damages, typically through automobile insurance. The injured accident victim must prove fault to receive insurance benefits. This is done using evidence.
Does Driving Without a License Equal Fault?
No. In New Mexico, an unlicensed driver is not automatically found to be liable for an automobile accident. Fault is determined based on an investigation of the accident and determination of who or what caused the crash.
However, a missing, suspended or revoked driver’s license could provide evidence against a driver to show his or her lack of driving experience or carelessness. This could be used to support a claim being made against the driver for causing the crash.
Comparative Negligence in New Mexico
Even if the unlicensed driver is not fully at fault for the car accident, he or she could be given some percentage of the blame for driving without a proper license. Under New Mexico’s pure comparative fault law, two or more parties can share liability for a single accident.
If the other driver is mostly to blame for violating a traffic law, for instance, but the unlicensed driver is allocated 10 percent of the fault for illegally driving without a license, that driver’s compensatory award would be reduced by a matching 10 percent.
The Penalties of Driving Without a License in New Mexico
“Driving without a license” in New Mexico can mean operating a motor vehicle as someone who has never gotten a driver’s license, driving as someone with a license who forgot it at home, driving on an expired license, or driving with a suspended or revoked license. Under New Mexico Statutes Annotated § 66-5-2, these are all legal violations.
Driving without a valid license is a traffic infraction that can result in a fine of up to $1,000 and even jail time. Criminal consequences are more likely if the person is operating on a suspended or revoked license vs. no license at all. Being unable to produce your license at the time of a car accident or traffic stop could also result in a misdemeanor charge. However, this can typically be resolved by showing proof of your valid license to the courts.
How Will a Missing License Affect a Car Accident Case?
If you are involved in an accident where the other driver does not have a license, contact us to see how this could help your case. While no license does not automatically place liability with the other driver, it could potentially be used as evidence to show the driver’s character, willingness to break the law, negligence or lack of driving experience.
Conversely, if you were driving without a license when you got into a car accident, an attorney can help you defend yourself against an insurance company’s accusations. A lack of a driver’s license does not automatically mean you are at fault. A thorough investigation should still be done by the insurance company to determine the cause of the crash. Your attorney can make sure an insurer treats you fairly and conducts a proper investigation.