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It can be easy to forget how dangerous driving is when our country relies on it for daily transportation. In the event you get into a crash, it’s essential to understand New Mexico car accident laws. Knowing how the state handles these types of cases can help give you the confidence you need to pursue justice after an accident.
Take Control of Your Case and Hire a Car Accident Lawyer to Represent You
For the past 25 years, founding attorney Rachel Berenson de Berenson & Associates, PC, has worked tirelessly to make a difference for residents of New Mexico. Our team believes that the outcome of daños personales cases has a real impact on communities. We don’t take that responsibility lightly. Our goal is to provide honest and easy-to-understand legal advice so you can make informed decisions about your case.
Comparative Negligence Laws in New Mexico
En 2024, hubo 1,647,259 licensed drivers throughout New Mexico, with Interstate 10, Interstate 25, and Interstate 40 widely used for daily travel. In 2024, there were 45,042 accidentes de tráfico. Of these accidents, 29% caused an injury.
After an accident, survivors have a legal right to file a civil case to pursue compensation for their pain and losses. To figure out how much compensation to award and who has to pay it, courts in New Mexico rely on a pure comparative negligence system to assign fault to the people involved in the accident. State laws allow victims to pursue compensation even if they’re found to be 99% at fault for the crash.
Any compensation awarded to you is reduced by your personal percentage of fault. For example:
- If you were conducción distraída at the time of the crash, you may be assigned 40% of the fault.
- If the driver who hit you was excessively speeding, they may be assigned 60% at fault.
- If you are awarded $100,000, it would be reduced by 40%, making your final compensation $60,000.
This system only makes wrongdoers pay for what they are personally responsible for. It is vital to hire a car accident lawyer to help represent you during your case and assist you in gathering evidence to prove your claim.
Compensation Recovery Laws in New Mexico Car Accident Cases
During a car accident case, the amount of compensation awarded is based on the severity of your injuries and losses. To calculate this amount, you can request damages that are based on your financial and non-financial losses. Esto incluye:
- Daños económicos. These damages are calculated based on your tangible losses, including your medical bills related to the incident, income you’ve lost because of your injuries, and damage to your car and other personal belongings, such as your cell phone or bag.
- Daños no económicos. These damages are more subjective than economic damages, as they’re based on your nonfinancial losses. You can request compensation to help you recover money for your pain and suffering and the loss of zest for life.
- Daños punitivos. This type of damage is only awarded in rare cases of malice or extreme negligence. For example, if the at-fault driver intentionally hit you during the crash or was driving while under the influence of drugs or alcohol, the court may order them to pay you punitive damages as further punishment. This helps deter them from committing similar acts in the future against others.
Preguntas frecuentes
What Should I Not Tell My Insurance Company After a Car Accident?
After a car accident, you shouldn’t tell your insurance company or other parties that you had any fault in the accident. You should also avoid speculating about the cause of the crash. If you do, it may bar you from recovering any money. Only provide them with basic facts about the crash, such as the names of those involved and the date and time of the incident. If they ask you to make a recorded statement, only do so with your lawyer present.
What Are the Legal Deadlines for Filing Car Accident Claims in New Mexico?
The legal deadlines for filing car accident claims in New Mexico depend on what happened during your accident. Most claims have a three-year deadline for filing. However, if the accident involved a government vehicle, such as a government vehicle or city bus, there is a 90-day deadline for sending them a notice of your intent to file a case. Then, there is a two-year deadline for filing. Filing as early as possible can be key to increasing your chances of success.
¿Qué debo evitar hacer después de sufrir un accidente automovilístico?
After being in a car accident in New Mexico, you should avoid arguing with the other driver involved in the crash. If you do, it may make them less likely to cooperate during your future legal case. Avoid apologizing to anyone or acknowledging fault in the incident. While it may be instinctual, doing so can be detrimental to your car accident case. It’s better to stay as calm and quiet as possible before you can hire an attorney.
How Can an Attorney Help Me During My Car Accident Case?
An attorney can help during your car accident case by representing you during all stages of the legal process. They can help explain your rights as a New Mexico resident, explore all legal options available, file your case at the appropriate court within the correct deadline, negotiate on your behalf during legal proceedings, and represent your interests during a potential trial. Having a lawyer on your side is an essential additional layer of protection during the legal process.
Choose a Trusted Law Firm in New Mexico
The aftermath of a car accident can have devastating effects on survivors and their families. Taking on a legal case can feel overwhelming on top of the recovery process. Berenson & Associates, PC is here to make New Mexico’s legal proceedings as streamlined as possible. Contact our office in Albuquerque today to schedule a confidential consultation with one of our team members and learn how we can help you.
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