Fault in NM Personal Injury

How “Percentage Of Blame” is calculated In New Mexico.

In New Mexico, the way compensation is calculated truly depends on how much percentage of blame the jury will assign to you (the plaintiff)  and the other person in the case. It is up to you to not only provide proof of the other person’s fault and show legal liabilities. The percentage of blame is calculated by the different aspects of your case. If you were in a car accident, each driver is completely responsible for their fault and the fault would automatically be divided 50/50. The elements that may be taken into consideration for changing that percentage are; Were you wearing a seatbelt? Were you traveling above the speed limit? Did you run a red light? Etc. 

What is “Comparative Negligence”? 

The judge will take that percentage and reduce it from the overall injury costs. This process is called comparative negligence. Negligence refers to a person being careless or reckless with their actions which ultimately resulted in someone getting hurt or injured in some way. If you are found to be 10% at fault, then you would be compensated for the remaining 90%. Other states in the U.S have modified versions of comparative negligence and some can be as strict as not granting you any compensation if you are more than 50% at fault. 

How “Several Liabilities” can affect your case. 

Personal injury cases can get even more complex when multiple injuries happen, or one injury leads to another injury or enhances the first one significantly. This kind of case can bring comparative negligence to more than just two people. The legal term for this type of complex case is called Successive tortfeasor liability.  This is when two or more negligent acts seam independent yet they injure the same third-party plaintiff. This sometimes happens when an accident occurs and the victim is brought to the hospital and the negligence of a doctor can result in a different injury altogether. 

Fault and no-fault accidents in New Mexico.

A fault accident is generally an accident that is caused by one driver or multiple drivers, but there is a possibility that an accident can occur and no one seems to be responsible for the incident and that is called a non-fault accident. Then the third situation is called a fault incident, which means that the victim of the accident (the plaintiff) is partially to blame. In New Mexico, it is rare that you can have an attorney file a claim for your injuries if you are responsible for the accident altogether. It also mostly depends on what type of insurance you have and what policies it covers. The best thing to do immediately after an accident happens is to call your insurance company within that same day if possible. If you were at fault, you may not be entitled to compensation, but if you had a passenger in your car during the accident and they were injured in some way, then they are considered an innocent party and they can claim even if they were in the at-fault vehicle or not. 

 If you or a loved one has been injured in an accident It is a good idea to seek legal help from New Mexico’s best personal injury attorneys at Genus Law Group. If you have been injured by the negligence of another individual or corporate entity in Albuquerque or surrounding areas, now is your time to focus on healing and recovering, let us deal with the legal aspects of your case, and get you the compensation you are entitled to. If there are any aspects of your case that you feel unsure about or would like to talk to a professional, you can schedule a FREE consultation with us today to confidentially discuss everything that happened in your accident. Call us at 505.317.4455, or chat online with a live representative. Do not let your injury go unresolved. 

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond