New Mexico's Pure Comparative Negligence Statute

A Las Cruces Car Accident Attorney Can Help

If you were partially to blame for an accident in Las Cruces, New Mexico, you may wonder if you can still obtain compensation. In some states, you are barred from recovery if you are over 50% responsible for the accident. In a few states, an injury victim is unable to secure damages from another party if they have any shared fault. 

New Mexico follows pure comparative negligence, meaning an injured party can still secure compensation from another at-fault party. The state allows them to obtain financial recovery even if they were more than 50% responsible for the accident. 

It can be challenging, however, to prove your case without the help of a Las Cruces car accident attorney. If you are involved in a collision that was partially your responsibility, it is strongly recommended that you consult a lawyer. To get the representation you deserve, contact us online or call (575) 386-5100 today.

What Is New Mexico’s Pure Comparative Negligence Statute?

Under the New Mexico Torts Claim Act, a person is not prohibited from bringing an action based on personal injury unless they are 100% to blame for the accident. This means that you can still file a claim for damages even if you were partially at fault for the collision. 

Many states prohibit individuals from securing compensation if they are more than 50% responsible for the accident. A few states even prohibit recovery where the plaintiff shares any portion of responsibility or where their negligence contributed to the accident. New Mexico, however, has a much more lenient statute that allows recovery in most instances. To learn more, speak with a trusted Las Cruces car accident attorney.

What Causes Most Accidents in Las Cruces?

Most car accidents are caused by another person’s negligence. Some of the most common causes of accidents in Las Cruces are distracted driving, speeding, or driving under the influence. In some instances, more than one factor may have contributed to the collision. Many injured parties believe that they cannot obtain compensation for their medical bills and lost wages if their own negligence contributed to the accident. 

In New Mexico, however, with the help of a car accident attorney, you can still obtain financial recovery from another party, even if you were partially to blame. As long as you were not fully responsible for the collision, you can file a claim for damages against another liable party. Your recovery may be reduced in proportion to your percentage of fault.

What Should I Do If I Was Injured in an Accident?

If you were involved in an accident, you need to speak with a car accident attorney in Las Cruces as soon as possible. It can be challenging to obtain the compensation you deserve without the help of an experienced lawyer. It is also important to seek medical attention as soon as possible. Even if you do not think you were seriously injured, you should still get evaluated by a medical professional to ensure you receive the treatment and care you need.

How Do I Prove Who Was At Fault for the Accident?

Proving fault after an accident can be difficult. Generally, you must show that another party was at least partially responsible for your injuries. Under most circumstances, this means proving that the other party was negligent with the help of a car accident attorney. 

It is important to know that an insurance adjuster may not have your best interests at heart. They may try to put you fully at fault for the accident or try to downplay your injuries so that they do not have to pay a fair settlement. Understanding your rights and working with a trusted Las Cruces car accident attorney is often critical to ensuring a favorable outcome in your case.

What Is Negligence?

In order to prove negligence, you will need to show that the other party owed you a duty of care, breached that duty, and that the breach of that duty was the cause of your injuries. You will also need to prove that you had actual damages, such as medical bills or lost wages. There may be a shared fault in your case. 

Proving who or what caused your injuries is not always straightforward. You may need to collect evidence to help substantiate your claim. Evidence that may prove essential in your case includes your medical records, income verification, and photos or videos of your damages. A personal injury attorney in Las Cruces can help you secure the evidence you need to prove your case. Call the Aranda Law Firm today at (575) 386-5100 to get started.

Car accident place on a bend, overturned car lies on the roof.