If you were hurt in an auto collision, you are entitled to compensation for your injuries from the negligent driver under New Mexico law. However, their insurance company could claim that you caused the crash in order to deny your claim or try to pay you fewer damages than you deserve. When you file your claim, you need to be prepared that this could happen and know what you can do to fight back.
What Do You Need to Prove to Win Your Claim?
To obtain the compensation you are entitled to, you must prove your case. In New Mexico, you need to establish the following elements of a negligence claim:
- The driver owed you a duty. All drivers in New Mexico have a duty to drive safely and obey traffic laws.
- The driver was negligent and breached their duty to you. Speeding, talking or texting on a cellphone, or driving while intoxicated are a few ways they could have caused your car accident.
- The driver’s negligence was the direct cause of your injuries.
- You suffered damages as a result of their negligence. You will also need to prove the amount of compensation you should receive.
Additionaly, dowload this free how-to guide that will explain in easy-to-understand terms the most important aspects of your car accident case. With clear examples in each chapter, you will be given specific tips and strategies to help you know what steps to take and how to take them, and just as importantly, you will learn what NOT to do.
How Do You Prove Your Car Crash Was Not Your Fault?
The best way to establish that you did not cause your auto collision is to collect evidence that proves how the wreck occurred. You need to start collecting evidence right after the accident occurs. Here are some of the steps to take to prove who’s at fault after a crash:
Use your cellphone camera to take pictures of the damage to both vehicles, road and weather conditions, your injuries, and anything else you believe could help show the cause of your crash. Your photos can help a skilled car accident lawyer or an accident reconstruction expert prove that the other driver’s negligence caused the collision.
Obtain Contact Information
You must get the contact information for the other motorist and their insurance company. You cannot file your claim without this information.
Contact the Police
Call the police immediately and wait for them to arrive. An officer will investigate the cause of the collision and write a police report. The report can contain helpful information that may help prove you were not to blame for the crash. Useful information that the report may contain includes:
- Date, time, and place of the wreck
- Details of how the crash occurred
- Statements by the other motorist, witnesses, and you
- Officer’s conclusions as to who was negligent
- Any traffic citations issued
Talk to Witnesses
Eyewitnesses who do not know you and have no stake in your claim can be extremely helpful in proving that you did not cause the car accident. If possible, you should talk to any witnesses at the crash scene and obtain their contact information. If you do not get this information right away, you may not be able to locate essential witnesses at a later date, or their memories of how the crash happened could fade.
Retain a Lawyer
You should hire a knowledgeable car accident attorney as soon as possible after your collision. They will help you collect the evidence you need to win your case. An attorney will also have strategies to defeat the insurance company’s arguments that you were the negligent driver and will go up against them for all the compensation you deserve. If the insurance company refuses to be reasonable or the statute of limitations to file your lawsuit will expire soon, they can file your complaint and litigate your claim.
Get the Help You Need to Get the Compensation You Deserve
Were you or a loved one injured in an auto crash that was not your fault in Roswell or southeastern New Mexico? Is the other driver’s insurance company falsely claiming that your negligence caused the wreck? Our experienced car accident lawyers are here to explain your rights to you and aggressively fight for the maximum recovery you are entitled to in your settlement. To learn more about how we can help you, call our Roswell office at 575-300-4000, start a live chat, or fill out our online form to schedule your free consultation today.