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Apr 27, 2026
Understanding how fault is determined in Albuquerque car accidents can help you know how your case may be handled by New Mexico courts. No matter your personal fault in the crash, you should hire a car accident lawyer to represent you during official legal proceedings.
Hire a Car Accident Lawyer From Berenson & Associates, PC
When it comes to dealing with the aftermath of a car accident, you need to work with a lawyer that you can fully trust. Founding attorney Rachel Berenson of Berenson & Associates, PC has spent over 25 years representing New Mexico clients during their most challenging times in life. We strive to take on the brunt of our clients’ cases so they can focus on their recovery process and mental well-being.
How Courts Determine Fault in New Mexico Car Accident Cases?
Known to locals as the “Big I”, where Interstate 25 and Interstate 40 intersect, residents of Albuquerque use these main highways for daily travel. In 2024, Albuquerque had a population of 560,326 residents. That same year, there were 15,529 car accidents in Albuquerque.
Of these crashes, 38,049 people were involved, with 99 fatalities and 6,428 people injured during an accident. After a crash, it’s vital to understand how fault is determined. Car accident cases are generally handled at the Bernalillo County District Courthouse on Lomas Boulevard Northwest.
During your case, the court usually assigns everyone involved in the crash a percentage of fault, even the victim. Fortunately, even if you’re found to be 99% at fault for the accident, you can still recoup compensation. However, any compensation awarded to you is reduced by your percentage of fault. For example:
- If you were speeding at the time of the crash, you may be assigned 30% at fault.
- If the driver who hit you was texting while driving, they may be assigned 70% at fault.
- If you were awarded $100,000, it would be reduced by 30%, making your final settlement amount $70,000.
Valuable Evidence for Your Car Accident Claim
To assign everyone a percentage of fault, the courts rely on the evidence provided by all parties. If you only have a small amount of evidence, and the other party has more proof leaning in their favor, it can jeopardize your case. Your attorney can help you collect:
- Eyewitness testimony
- Testimony from car crash reconstruction professionals
- Photos and videos of the crash site, your injuries at the time of the accident, and damage to your vehicle and other personal items
- Copies of the incident report and the transcripts of any 911 calls
- Surveillance footage of the accident
- Copies of your medical records and bills
- Proof of your financial and emotional losses, such as testimony from your therapist about your mental state since the incident
Trusted Albuquerque Car Accident Attorneys
Reach out to Berenson & Associates, PC today to meet with one of our legal professionals at our office in Albuquerque. We value being a part of our clients’ support systems during difficult times in life and work tirelessly to make the legal process as streamlined as possible.
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