How is Accident Fault Established in New Mexico?
In the United States, automobile accidents kill about one hundred people every day. Furthermore, the Fatality Analysis Reporting System of the United States Department of Transportation estimates that there were approximately 36,560 fatalities related to motor vehicle accidents in one recent year. According to the data, car accidents are the biggest cause of death across the globe and in the United States.
Naturally, if you’ve been hurt in an accident, you might be feeling worried, anxious, and tense. Worrying about missing work, losing future earning potential, or suffering emotional anguish as medical bills grow is natural.
If someone else’s negligence causes your injuries or other losses, even if they seem modest at first, you may be entitled to financial compensation.
However, things aren’t quite as easy as they appear. You should seek legal counsel and establish liability for your injuries. An experienced group of accident attorneys can help you navigate the complex legal process of filing a claim for personal injury.
Statistics on Car Crashes in New Mexico
In 2021, 470 people lost their lives in car accidents in New Mexico. The 2019 total for the state was 425, so this is a significant increase. A spokesperson for the New Mexico Department of Transportation named Jeff Barela stated that speeding, aggressive driving, and distracted driving were the major causes of fatal accidents in New Mexico over the past year. The number of people killed in traffic accidents in 2021 was the greatest it had been in at least ten years.
During this time, the percentage of fatalities on the roads that might be attributed to drunk driving went down. There were fewer than 180 accidents caused by drunk driving in New Mexico this year. In 2021, only 110 individuals remained. Barela asserts that the lowest number of alcohol-related traffic fatalities in the recent two decades has been achieved due to an almost 25 percent fall in drunk driving-related accident fatalities over the previous year.
Despite this, a recent analysis of insurance data ranked New Mexico drivers as the second worst in the United States due to a disproportionately high number of incidents involving reckless and intoxicated driving.
These findings appear to be supported by statistics from the National Highway Traffic Safety Administration for the state of New Mexico. According to the NHTSA, New Mexico had the tenth-most DUI arrests and the fifth-most reckless driving.
Who’s at Fault in an Auto Accident?
Many state governments now use a “no-fault” system. A separate vehicle insurance coverage is required for each driver in these states. In a no-fault state, all expenses for repairs to the property or medical care over the no-fault limitations must be paid for by the policyholder themselves.
Nonetheless, deaths and serious injuries are often exempt in most areas. If your out-of-pocket medical costs surpass your insurance settlement, you may be able to launch a lawsuit against the guilty party.
New Mexico follows a tort-based, or comparative negligence, system rather than the fault-based approach used by the majority of states. Therefore, each driver must accept full accountability for his or her own behavior on the road.
If you are hurt in an accident, and someone else was at fault, the other person’s insurance company might be made to pay for your medical bills and other damages.
Fault in New Mexico Car Crashes
Determining fault in New Mexico is sometimes straightforward but can get sticky. You’ll need to prove a few different things:
- The other drivers on the road owe you and every other motorist a duty of care. You must take reasonable precautions to ensure the safety of other motorists and pedestrians on the road whenever you operate a motor vehicle. A motorist’s duty extends to cover all users of the road, whether they’re passengers in another car or not.
- The negligent motorist neglected this responsibility. To violate one’s obligation, a motorist must act in a way that is contrary to or falls short of their commitment. This violation will result in an automatic presumption of guilt for the perpetrator. The other driver’s negligence must also be shown.
- Your injuries are a direct result of your carelessness. Additionally, you’ll have to prove that the other driver’s infraction was the proximate cause of the crash. Consider the likelihood that a motorist was engaging in dangerous behavior like texting while behind the wheel. On the other hand, if you are the one to rear-end him while he’s stopped at the light, his offense has nothing to do with the collision.
Imagine you have a history of injuries and then suffer more harm in an accident. Even if their driver caused the collision that injured you, the insurance company may refuse to pay for your medical expenses.
You’ll also need to show that your losses and damages were substantial. What kind of damages do you think you deserve for your injuries?
Contact a New Mexico Car Accident Lawyer
Most people who are hurt or whose property is damaged in car accidents are not seriously hurt. It may not seem necessary to hire a lawyer in cases when there is minimal property damage and no major injuries.
However, it is always a good idea to engage with an attorney, even in the case of a small injury. An experienced personal injury attorney may examine with you and your loved ones a number of elements you may not have thought about while negotiating a settlement for your automobile accident claim.
Remember that talking to a personal injury attorney as soon as possible after an accident is the best approach to protect your rights legally.
Get in touch with Will Ferguson & Associates‘ car accident lawyers at (505) 243-5566 to discuss your legal options following a vehicle accident.
We will investigate your case and connect you with a group of highly-rated Albuquerque automobile accident lawyers if we conclude that you and your family are eligible for compensation.
If you’ve been in a car crash in New Mexico, don’t hesitate to contact us for a free, no-risk consultation. We’re here to help you get the justice you deserve.
