Partial Fault Can Impact Your Compensation In New Mexico
It’s dawn, and the roadways are clear. You take your bike out for an early morning ride across the open highway. You coast down the road as the sun shines down on you, and you are taken by the moment. All of a sudden, you notice an oncoming vehicle approaching from your left. The driver is passing you and slowly drifts into your lane. You are forced off the road, tumbling to the ground as you are thrown from your bike.
Luckily, you were wearing a helmet at the time of the accident, and you survive. However, you have sustained serious injuries. Your leg is broken, road rash covers large portions of your body, and your eyes are damaged due to roadway debris. You file a lawsuit against the driver responsible for the immense damage to your motorcycle, your steep medical expenses, and your inability to return to work.
New Mexico is a great state for riding a bike, but motorcyclists face significant risks when sharing the road with other drivers. If you are involved in a case similar to the one described here, you will likely think that you have a strong case against the other driver. However, it’s important to understand how the state of New Mexico determines fault following motor vehicle collisions.
Partial Fault & Compensation
New Mexico practices a model of pure comparative negligence. This means that in the event of a crash the court will assess whether both involved parties had any fault in contributing to the collision or ensuing injuries. If a plaintiff is assigned any level of fault, it can potentially impact the amount of compensation they can recover.
In the situation described above, the inattentive driver of the vehicle -- the defendant -- is at fault for failing to notice the motorcyclist in the nearby lane. If the defendant can show that the plaintiff sustained injuries to their eyes due to falling off their bike without wearing legally mandated eye protection, then the court could assign partial fault to the plaintiff for their injuries.
What to Do After a Crash
If you are a victim of a crash, a determination of shared fault can result in a significant loss of compensation. Because of this reality, it is crucial that you enlist the help of a trained Albuquerque personal injury lawyer who can help fight for your case.
New Mexico Auto Accidents
Being involved in a serious car accident can be a traumatic event. This is especially true if you are injured by a reckless driver. There are millions of reported car accidents each year in the United States.
The resulting injuries from a crash can be debilitating. Injured victims may be unable to return to work or even support themselves. This can place a strain on families and make life difficult.
An experienced New Mexico car accident lawyer can help you recover your full compensation after a crash. Will Ferguson & Associates is here to safeguard your legal rights after being severely injured in a car accident. Call us today at (505) 243-5566 if you or a loved one has been injured by a reckless driver.