|
|
Last
Modified on
Apr 28, 2026
Being involved in a car crash can be a terrifying experience for everyone involved. Depending on what happened during the incident, you may find yourself facing a legal case. Knowing what to do if you’re sued for a car accident in New Mexico can help you protect your rights and advocate for yourself during legal proceedings.
Hire an Experienced New Mexico Car Accident Attorney
Rachel Berenson of Berenson & Associates, PC has over 25 years of professional experience representing clients in a wide variety of personal injury cases, including car accidents. She uses her previous cases to inform her future legal strategies, customizing each case based on the individual client and their needs. Our goal is to work towards the most favorable outcome for your specific case.
4 Steps to Take After Having a Car Accident Case Filed Against You
Car accidents are unfortunately common in the United States. In 2024, there was a car accident every 12 minutes in New Mexico, with a person being injured in a crash every 27 minutes. In the aftermath of a car wreck, the other driver involved may file a legal case against you. If this happens, you should:
- Hire a car accident lawyer to help explain your legal rights and the options available to you. Whether you were 100% at-fault for the accident or legally in the clear, you should work alongside an attorney to advocate for your rights.
- Contact your insurance company. When dealing with an insurance company, you should never speculate or admit fault in the accident. Instead, only provide the insurance adjuster with basic facts about the accident, such as the time and date of the crash and the names of the people involved. If they want you to make a recorded statement, only do so with your lawyer present.
- Gather evidence for your case. No matter your percentage of guilt, having as much evidence as possible leaning in your favor is key. The court relies on evidence to determine who was at fault in the crash and how much they have to pay the victim.
- Enter legal proceedings. This process may include mediation sessions and a trial, if you and the other driver are unable to agree on a mutual outcome for your case. Your attorney can represent you during official proceedings, helping you to avoid misspeaking and accidentally implicating yourself.
New Mexico’s Pure Comparative Negligence System
Any compensation granted to the victim during the car accident case is reduced based on the victim’s guilt in the crash. For instance:
- If the court discovers that the victim was speeding at the time of the accident, they may be assigned 30% at fault.
- If you hit the victim’s car while you were texting and driving recklessly, you may be assigned 70% at fault.
- If the victim is awarded $100,000, it would be reduced by 30%, making their final compensation $70,000.
This compensation is meant to help them recover their medical bills, among other losses they’ve suffered because of the crash and their resulting injuries. This system makes it vital to collect as much evidence as possible that absolves you of responsibility in the accident.
Don’t Hesitate to Hire a Car Accident Lawyer to Represent You
No matter what happened during your car accident, you deserve to have competent legal representation during your case. Contact Berenson & Associates, PC today to meet with one of our skilled team members at our Albuquerque office.
Spanish 
