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Yes. In many cases, you can.
One of the biggest misconceptions I hear is, “I think the accident was partly my fault, so I probably don’t have a case.” Fortunately, New Mexico law is often more forgiving than people realize.
In fact, New Mexico is one of the minority of states that follows what is known as a pure comparative negligence rule. In simple terms, that means you can still recover compensation even if you were partially responsible for causing the accident. Instead of preventing you from recovering anything, your compensation is generally reduced by your percentage of fault. The best way to understand how it works is through examples.
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How does comparative negligence work in New Mexico?
Let’s look at a simple example.
Suppose you are awarded $100,000 in damages after a trial. If a jury determines you were 20% at fault for the accident, your recovery would be reduced by 20%, and you would receive $80,000.
Even if you were found to be more at fault than the other driver, New Mexico law will still allow you to recover compensation. For example, if you were 60% at fault and your damages totaled $100,000, you could still recover $40,000.
In other words, even if you were predominantly at fault, New Mexico still allows you to recover. This comes up most often in cases of large damages. Specifically, I have represented clients in motorcycle accidents and tractor-trailer accidents throughout New Mexico, where this has come into play.
To learn more about who’s at fault? Understanding liability after an accident, I've written a detailed article that explains how fault is determined and how it can impact your right to recover damages.
Who decides who was at fault?
Insurance companies often make their own initial determination regarding fault, but their decision is not the final word. Also, don’t assume that just because an investigating officer writes in an accident report that the other driver was at fault, that an insurance company will agree.
In cases in which fault is disputed, the amount of fault apportioned to each party is an issue that ultimately gets negotiated. But since fault directly reduces damages, it is critically important to both sides.
If your case cannot be resolved through settlement, a judge or jury may ultimately determine each party’s percentage of fault after considering all of the evidence, including witness testimony, photographs, accident reports, expert opinions, and other relevant evidence.
What if the insurance company says I caused the accident?
Do not assume the insurance company is right.
Insurance adjusters frequently argue that an injured person was partly responsible for a crash. Sometimes that assessment is reasonable. Other times, it is simply a negotiating tactic designed to reduce the amount the insurance company has to pay.
This is why having an experienced personal injury attorney can help you. They can investigate the accident, gather evidence, and challenge an unfair assessment of fault when appropriate.
Even if you have some fault, your attorney can help reduce the amount apportioned to you.
Does comparative negligence apply to every personal injury case?
Comparative negligence applies to many types of personal injury claims, including car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, and many premises liability cases. How fault is evaluated, however, depends on the specific facts of each case.
Why does it matter?
Many people never contact an attorney because they assume they were “too much at fault” to recover anything. That assumption can be costly.
If you were injured in New Mexico, it is usually worth speaking with an attorney before deciding you do not have a case. New Mexico’s comparative negligence law may allow you to recover compensation even if you made a mistake or shared some responsibility for what happened.
Key Takeaway
Being partially (or even mostly) at fault does not automatically prevent you from recovering compensation in New Mexico. The important question is not whether you were completely free from blame, but rather what percentage of fault each party bears under the law.
If you'd like to better understand what pure comparative negligence could mean in your personal injury case, this article provides a more detailed explanation of how New Mexico's comparative fault rules can affect your ability to recover compensation.
Need help? Have questions?
If you’ve been hurt in a car accident and aren’t sure what your next step should be, feel free to contact us.
Our dedicated personal injury attorney at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.
