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Determining Fault for a New Mexico Car Accident

October 30, 2019
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If you or a family member has recently suffered from being involved in a car accident, you may be able to seek lost compensation under the law. This article will provide some useful information on establishing liability after a New Mexico car crash.

New Mexico Is a “Fault” State

Determining Fault For A New Mexico Car AccidentNew Mexico implements a “fault” negligence model for auto accidents. This essentially means that one or more drivers may be found to be at-fault for an accident and able to seek compensation for damages. In order to show that someone is liable for injuries resulting from a car accident, the injured victim has to prove certain aspects. These can include:

    • A legal duty was owed. All drivers owe a duty of care to prevent car accidents and protect the welfare of others.
    • Breach of duty. The injured victim must show that the defendant acted negligently and breached this duty of care. 
    • Direct liability. The breach of duty caused the injuries. The plaintiff must show that the negligence of the defendant is directly responsible for the accident.

Sadly, there is no straightforward or universal formula used to determine how to divide fault amongst multiple parties who are involved in a personal injury claim. This is a reason that car crash cases can be complicated.

For example, a driver involved in a case violated certain traffic laws will be found responsible for the accident, but this may not always be the case. Let’s say that a driver cuts across multiple lanes of traffic without a turn signal, causing drivers behind them to brake suddenly. One of the drivers behind may be unable to stop in time and could strike another vehicle. In this case, both drivers would be found responsible for the accident, and it will be required to assign fault to both parties.

Do I Need Legal Representation?

Not all cases warrant the help of a New Mexico personal injury lawyer. If the at-fault driver does not contest their liability, you sustained minor injuries, and your out-of-pocket expenses caused by the accident are low, a lawyer may not be necessary. 

However, in cases where the fault is contested, you have sustained severe injuries, and the accident resulted in significant expenses, you may need the help of an experienced attorney. Generally, if you are not certain if you need the help of a lawyer, it is advised to seek consultation in order to get a better understanding of your legal situation.

New Mexico Car Crashes

Car crashes take their victims by surprise. In most cases, people don’t expect to be injured in a serious accident. In New Mexico, there are tens of thousands of car accidents each year. 

Thousands of New Mexican residents are injured in car accidents annually. The leading causes of these collisions are drunk drivers and high-speed crashes. Victims may be eligible to recover lost compensation with the help of a New Mexico car accident lawyer

Establishing who to blame in a car accident can be complicated. The firm of Will Ferguson & Associates can help assign fault and help you recover the compensation you deserve following a serious collision. Contact our law offices at (505) 243-5566 to see what options are available for your case.

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