If someone else injured you in New Mexico, the burden of proof will rest on your shoulders. It will be your responsibility to prove another person’s fault for causing your injuries and losses. Only then may you recover financial compensation from the at-fault party or defendant. Proving a personal injury claim requires clear and convincing evidence that the defendant more likely than not caused your accident. Collecting the right evidence is key to winning a car accident claim in Albuquerque.
How Does a Car Accident Claim in Albuquerque Work?
New Mexico is a fault state, not a no-fault state. This means the person who caused the car accident is held liable, or financially responsible, for the crash. All motor vehicle drivers in New Mexico must carry minimum amounts of automobile insurance by law to pay for accidents.
When a driver causes a collision through an act of carelessness or recklessness, that driver can be held liable for the victim’s medical bills, property repairs, lost wages, and pain and suffering. However, it is up to the victim to prove fault.
In a no-fault state, proving fault using evidence is typically not necessary. The injured party files a claim with his or her own car insurance company, regardless of who is at fault. Under New Mexico’s fault laws, however, determining and proving fault is required before an insurer will offer a settlement.
Proving Negligence in a Car Accident Case
Proving a car accident case in Albuquerque generally takes establishing negligence. In personal injury law, someone is negligent if he or she fails to act with proper care, meaning acting in a way that a reasonably prudent person would not in similar circumstances.
Demonstrating negligence takes evidence of four main elements:
- Duty of care: a legal requirement to act with sufficient care, caution and prudence to avoid causing harm to others.
- Breach of duty: an act or omission that fell short of the duty of care, such as distracted driving or driving under the influence.
- Causation: a provable connection between the driver’s breach of duty and the automobile accident.
- Damages: losses suffered by the victim because of the car accident.
You or your car accident lawyer must provide evidence establishing these elements as true with at least a 51 percent likelihood to successfully prove negligence in your car accident claim. This requires various types of compelling evidence.
Police Report
Start by obtaining a police report. Call 911 from the scene of your car accident to request an official report. While it is only a legal requirement to call the cops if your car accident causes personal injuries, deaths or more than $500 in property damages, calling for a more minor accident could be important for documentation.
The police can help you establish key facts, such as the time, location and date of the accident, as well as the information of the other driver. If the other driver broke a traffic law, calling the police can also result in a citation you can use as evidence. All of this information will be included in the police report, which you can get a copy of by contacting the Albuquerque Police Department Records Division.
Medical Records
Go to a hospital in Albuquerque immediately after a car accident. Car insurance companies need to verify that you did what you could to mitigate your injuries by seeing a doctor right away. Going to your primary care provider or a hospital in Albuquerque can also create a thorough medical record of your personal injuries and related health care expenses. Keep all documents related to your medical care, including test results, x-rays and scans, your official diagnosis, letters from your doctor, prescriptions, and bills. These can help you prove your injuries during your car accident claim.
Eyewitness Accounts
Ideally, you will speak to eyewitnesses while still at the scene of your car accident. Ask for the names and contact phone numbers of anyone who saw the collision occur. If you are too injured to complete this step, have someone you trust speak to eyewitnesses for you. The police may also take care of this task if you call 911. Eyewitness accounts of how or why the collision occurred can allow investigators to piece together who is liable for damages.
Photographs and Video Footage
Another task you will ideally be able to complete while at the scene of your crash is to take photographs and videos. You can also return to the scene of your car accident as soon as possible to take pictures.
If you can, take photographs of all damaged vehicles, any other property damage and the scene of the crash. This includes road signs, road conditions, and any skid marks or debris left in the road. A lack of skid marks can also indicate that the driver did not attempt to brake in time to prevent the crash.
Visit nearby residences and businesses to find out if any video surveillance footage of the crash exists. Ask around among eyewitnesses for any dashboard camera or GoPro footage of the car accident, as well. Photographs and videos can serve as hard evidence against the other driver.
Proof of Losses
Before an insurance company in New Mexico will accept your claim and offer benefits, it will ask for proof of losses. You must completely fill out the Proof of Loss Form given to you by the insurer, as well as submit any related documentation, records and evidence supporting the amount you are seeking from the insurer. Collect medical bills, pay stubs, vehicle repair estimates and receipts to prove the full value of your claim.
Expert Testimony
Increase the chances of a successful insurance claim or personal injury lawsuit in New Mexico by hiring an expert to testify on your behalf. Experts are more common in personal injury lawsuits than insurance claims. You can work with a car accident attorney in Albuquerque for help hiring the right expert for your particular case.
A medical expert, for example, can testify in regard to your injuries and how they will impact the rest of your life. A crash reconstructionist can demonstrate how the car accident occurred and who is at fault. Hiring an expert could strengthen your claim and increase the odds of achieving a settlement or positive verdict.
How a Car Accident Lawyer in Albuquerque Can Help With Evidence Collection
Work with a lawyer for help gathering multiple forms of evidence to support your car accident claim. An experienced attorney will start preserving and collecting strong evidence on your behalf from the very beginning of your case, such as copies of important records and reports, eyewitness statements and accounts, and photographs and video footage.
An attorney will handle communication with the other driver’s insurance company and claims adjusters who contact you asking for information. A lawyer can also submit court orders to subpoena or obtain certain types of evidence, if necessary, such as the other driver’s cell phone records or the black box of a commercial truck.
Finally, an attorney will have connections to high-quality car accident experts who can increase the likelihood of obtaining maximum compensation for your losses by explaining confusing issues to a judge or jury. To learn more about how an attorney can assist you with evidence collection during a car accident claim, contact The Fine Law Firm for a free consultation.