Car accidents can be a traumatic experience, and determining liability can be a complex process. In New Mexico, the concept of comparative negligence plays a significant role in determining the fault and compensation in car accident cases. This blog post aims to provide an understanding of comparative negligence and how it affects car accident victims in Albuquerque. We will also discuss some useful tips to help you navigate the complex process of determining liability in car accidents.
What Is Comparative Negligence?
Comparative negligence is a legal principle used in many states, including New Mexico, to determine liability in personal injury cases. Under this principle, the fault is apportioned among all parties involved in an accident based on their degree of responsibility. This means that if you are partially at fault for an accident, your compensation will be reduced by the percentage of your fault.
For example, if you are found to be 60% at fault for an accident, and your total damages amount to $100,000, you will only be able to recover $40,000 (100% - 60% = 40%).
How Is Comparative Negligence Applied in New Mexico?
New Mexico follows a "pure" comparative negligence system, which means that even if you are 99% at fault for an accident, you can still recover 1% of your damages. This is different from "modified" comparative negligence systems, where you can only recover damages if you are less than 50% at fault.
In New Mexico, the courts will consider the negligence of all parties involved in an accident and assign a percentage of fault to each party. This percentage will then be used to determine the amount of compensation each party can recover.
Tips for Determining Liability in Car Accidents
Determining liability in car accidents can be a complex process, but there are a few key steps you can take to help protect your rights and ensure you receive the compensation you deserve:
- Gather evidence: After an accident, it is crucial to collect as much evidence as possible to support your claim. This includes taking photos of the accident scene, obtaining a copy of the police report, and gathering contact information from witnesses.
- Seek medical attention: Even if you do not feel injured immediately after an accident, it is essential to seek medical attention as soon as possible. This will not only ensure your health and well-being but also provide documentation of any injuries you sustained in the accident.
- Consult with an experienced attorney: Navigating the legal process of determining liability in car accidents can be overwhelming, especially when dealing with insurance companies and opposing parties. An experienced personal injury attorney can help guide you through the process and ensure your rights are protected.
How Martinez, Hart, Sanchez & Romero Can Help
At Martinez, Hart, Sanchez & Romero, our experienced team of personal injury attorneys specializes in determining liability in car accidents and helping clients in Albuquerque, NM, receive the compensation they deserve. We understand the complexities of New Mexico's comparative negligence laws and can work diligently to ensure your rights are protected throughout the legal process.
If you or a loved one has been injured in a car accident, do not hesitate to contact our team at (505) 806-1780 for a consultation. We will evaluate your case, explain your rights, and help you determine the best course of action to recover the compensation you deserve.