|
|
Last
Modified on
May 22, 2026
If you were in an accident or suffered injuries during a collision that occurred because of rain, wind, or poor visibility, you may be wondering how weather affects car accident liability in New Mexico. You might be trying to determine how weather conditions can impact your car accident case. At Berenson & Associates, PC, we can help you understand how fault and weather relate to your case.
How Bad Weather Conditions Relate to Fault
While weather can certainly affect how a crash occurs, inclement weather does not always remove fault from a driver. In New Mexico, there are still certain car accident laws that motorists must follow, even during bad weather. Many people believe that when bad weather occurs, accidents are inevitable. However, that does not remove drivers from fault.
Typically, weather is not deemed the root cause of an accident. Concerned parties are more likely to look at weather conditions as a contributing factor to the accident. Motorists are expected to drive according to road conditions. If the weather is bad, you should drive more slowly and take the necessary precautions to drive safely.
If a person is driving the speed limit on a wet road with poor visibility, they can still be considered driving too fast for conditions. If a driver follows too closely when roads are slick, they may be found at fault if a crash occurs. This is especially dangerous on highly trafficked roads and at intersections that are prone to sudden braking and accidents, like San Mateo Boulevard and Montgomery Boulevard.
Comparative Fault May Still Apply
New Mexico car accident law NMSA 1978, § 41-3A-1 defines the state’s comparative fault rule. Comparative fault allows more than one driver to be found more at fault than another. However, in some car accident cases, weather can play a factor in who is at fault. When an accident occurs because of weather conditions, fault can be merely a judgment call.
A New Mexico car accident attorney is a crucial resource for cases in which insurance companies are on the fence about liability. You should hire a car accident lawyer to protect your rights, regardless.
Common Weather Conditions That Affect Car Accidents
In 2024, most accidents occurred in clear weather. However, 2.8% of crashes occurred while it was raining, 1.6% occurred while it was windy, and 1.4% occurred while it was snowing. Although weather can have a variety of effects on accidents, drivers’ actions are frequently more important in determining responsibility than the weather itself. Common weather conditions that impede driving are listed below:
- Heavy rain reducing visibility
- Snow or ice making roads slippery
- Unexpected rainstorms that drivers are not prepared for
- High winds of 50 to 70 mph that blow dust or snow on areas like the eastern plains in the northern and western mountains.
- Glare from the sun making it hard to see at certain times of day
Weather conditions can and do contribute to accidents, but they are taken into consideration in conjunction with other factors. Some examples of these factors include driver speeding, tailgating, or otherwise performing behaviors not appropriate for the weather conditions, even if technically legal.
When to Hire a Car Accident Lawyer?
Your New Mexico car accident attorney can go over the details of your claim and work to gather evidence like weather reports from the day of the accident, documentation from the crash site, and witness testimonies. Contact Berenson & Associates, PC to discuss how our legal services can optimize your car accident case.
Spanish 
