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May 22, 2026
New Mexico is a comparative fault state, meaning you can recover compensation even if you are partially at fault for the crash. Many of our clients ask the same question: “Can you still recover damages if partially at fault in a New Mexico car accident?” Berenson & Associates, PC can answer this question and more.
Comparative Fault in a Car Accident Case
Comparative negligence is especially important to accident victims who are injured in multi-car pileups or when multiple drivers provide different accounts of what happened. Fault can be assigned to multiple parties when more than one issue contributed to a crash.
Under New Mexico car accident laws, liability for a crash is assigned to each driver based on their degree of fault. According to NMSA 1978, § 41-3A-1, any injured party can only be held liable for the percentage of fault they are responsible for. Anyone injured in an accident can collect damages as long as they weren’t found to be more than 49% liable for the accident. If found partially liable, their compensation would be adjusted by their percentage of fault.
Determining Fault
Since compensation is based on who was at fault, figuring out who was at fault is crucial to a car accident case. Insurance companies go over every piece of evidence they have in order to determine who was negligent and what percentage they should be assigned liability.
Police reports, witness testimonies, photographs from the scene, and more are all taken into consideration when deciding who pays for damages. This also means that even a slight change in who was deemed at fault by a percentage could alter the damages paid for each party and by each party. In New Mexico, 29% of crashes result in individual injuries to involved parties. If you were injured, you may have an eligible claim. Talk to a car accident attorney to confirm.
Common Examples of Partial Fault Accident Claims
Partial fault can apply to many situations that drivers face on the road every day. Typically, accidents involve more than one contributing factor. It’s probable that each driver had a hand in several missteps leading up to the accident. Some common examples of partial fault cases are listed below:
- Someone was speeding but still hit a driver who ran a red light.
- Someone got hit in a rear-end accident when another driver stopped suddenly.
- Someone changed lanes and got into an accident with another distracted driver using their cellphone.
Both drivers in each of the above scenarios could be at fault to some degree. With a good attorney, most partial fault accidents settle outside of court. Some car accident cases, though, do end up in court. In Albuquerque, most personal injury cases are handled by the Second Judicial District Court, located at 400 Lomas Boulevard NW in Albuquerque. This court processes about 1,000 auto tort claims each year with a 97% disposition rate.
Hire a Car Accident Lawyer Today
Understanding when to hire a car accident lawyer is crucial. If you and/or your insurance company are in disagreement about who was at fault in your accident or how much fault you should be assigned, legal help from a car accident attorney can help.
A lawyer can help you go over the evidence of your accident and determine what things could affect your fault. They can also help explain to you how comparative negligence can affect your claim. At Berenson & Associates, PC, we have over 25 years of experience handling these cases in Albuquerque. Contact us for a consultation about your case.
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