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Car Accident Laws in New Mexico
If you need legal assistance concerning Car Accidents in New Mexico, don’t hesitate to contact Raymon Law Group at (505) 390-1040 located in Albuquerque.
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How Our New Mexico Car Accident Lawyer can help ?
Car Accidents are a daily reality on the roads of New Mexico, with thousands of drivers navigating the complexities of traffic laws, insurance claims, and legal responsibilities. Understanding car accident laws in New Mexico is crucial for every driver, whether you’ve been in a minor or a serious collision.
If you need legal assistance concerning car accidents in New Mexico, don’t hesitate to contact Raymon Law Group at (505) 390-1040 located in Albuquerque. Our dedicated Personal Injury team is here to support you through challenging situations, ensuring that your rights and interests are skillfully advocated for and protected.
New Mexico’s Fault-Based System: Who’s Responsible?
New Mexico operates under a Fault-Based system when it comes to Car Accidents, meaning that the driver responsible for the accident is also responsible for covering the damages. Therefore, determining who is at fault is crucial. The At-Fault driver’s insurance is expected to cover the property damage, medical bills, and other losses incurred by the other party. However, proving fault isn’t always straightforward and often requires a thorough investigation, including police reports, witness statements, and sometimes the expertise of accident reconstruction specialists.
If you’re involved in a Car accident, it’s important to gather as much evidence as possible at the scene. This includes taking photographs, getting contact information from witnesses, and making sure a police report is filed. Remember, the more evidence you have, the stronger your case will be if you need to prove fault later on.
Comparative Negligence: Sharing the Blame
New Mexico follows the rule of pure Comparative Negligence, which can significantly impact how compensation is awarded in Car Accident cases. Under this system, each party’s degree of fault is calculated as a percentage, and the compensation is adjusted accordingly.
For instance, if you’re found to be 20% at fault for an accident and the other driver is 80% at fault, your compensation for damages will be reduced by 20%. This means that if you were originally entitled to $10,000, you would only receive $8,000. It’s important to note that under New Mexico’s pure comparative negligence rule, you can still recover damages even if you were mostly at fault. For example, if you were 90% at fault, you could still recover 10% of the total damages.
This aspect of New Mexico law underscores the importance of having a skilled Personal Injury Attorney on your side. The determination of fault isn’t always clear-cut, and the other party’s insurance company will likely try to shift as much blame onto you as possible. Having a Knowledgeable Attorney can help ensure that fault is accurately assigned, maximizing your compensation.
Mandatory Insurance Requirements in New Mexico
Every driver in New Mexico is required by law to carry a minimum amount of liability insurance to cover damages in the event of an accident. The state’s minimum coverage requirements are:
- $25,000 for Bodily Injury or death of one person in a single accident.
- $50,000 for bodily injury or death of two or more people in a single accident.
- $10,000 for property damage per accident.
While these are the minimum requirements, they are often not enough to cover the full extent of damages in a serious accident. It’s advisable to consider purchasing higher coverage limits and additional types of insurance, such as uninsured motorist coverage. This type of coverage can protect you in the event that you’re involved in an Accident with a driver who doesn’t have sufficient insurance to cover your damages.
Statute of Limitations: Don’t Miss the Deadline
In New Mexico, the statute of limitations for filing a Personal Injury Lawsuit following a car accident is three years from the date of the accident. This means you have three years to file a lawsuit seeking compensation for injuries, medical bills, Lost wages, and other damages. If a loved one was Killed in a Car Accident, the statute of limitations for filing a Wrongful Death lawsuit is also three years from the date of death. Missing these deadlines can result in losing your right to seek compensation, so it’s crucial to act promptly.
It’s also important to note that there are different deadlines for Filing Insurance Claims, which can vary depending on your policy and the Insurance Company. Failing to meet these deadlines can jeopardize your claim, so it’s wise to contact an attorney as soon as possible after an Accident to ensure that all necessary paperwork is filed on time.
Uninsured and Underinsured Drivers: Protecting Yourself
Despite the mandatory insurance requirements in New Mexico, a significant number of drivers on the road are either uninsured. According to the Insurance Information Institute, approximately 24.9% of drivers in New Mexico are uninsured, which is significantly higher than the national average.
This poses a serious risk to law-abiding drivers who may find themselves involved in an accident with an uninsured driver. If you’re in an accident with an uninsured driver, your own insurance policy may cover your damages if you have uninsured motorist coverage. However, without this coverage, you could be left paying out of pocket for medical bills, car repairs, and other expenses.
Given the high number of uninsured drivers in New Mexico, it’s highly recommended to include uninsured motorist coverage in your insurance policy. This coverage ensures that you’re protected, no matter the insurance status of the other driver.
Drunk Driving Accidents: Serious Consequences in New Mexico
Drunk driving is a major concern in New Mexico, with nearly 30% of all traffic fatalities in the state involving alcohol-impaired drivers, according to the New Mexico Department of Transportation. The state has strict laws and penalties for those caught driving under the influence (DUI), including hefty fines, license suspension, and even jail time.
In New Mexico, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. For drivers under the age of 21, the legal limit is just 0.02%. Commercial drivers have an even lower threshold, with a legal limit of 0.04%.
Victims of drunk driving accidents in New Mexico have the right to pursue compensation not only from the drunk driver but also potentially from establishments that served alcohol to the driver, if they can be proven to have served alcohol irresponsibly under the Dram Shop Laws.
Drunk driving accidents often result in severe injuries or fatalities, and the legal consequences for the at-fault driver can be severe. However, victims are not always left with a clear path to compensation. In these cases, working with an experienced attorney from Raymon Law Group can help navigate the complexities of DUI-related claims, ensuring that victims receive the compensation they deserve.
Hit-and-Run Accidents: What You Need to Know
Hit-and-run accidents are a significant issue in New Mexico, leaving victims struggling to recover damages when the at-fault driver flees the scene. Under New Mexico law, any driver involved in an accident must stop immediately, provide their information, and render aid if necessary. Failing to do so is a criminal offense, punishable by fines, license suspension, and even imprisonment.
If you’re the victim of a hit-and-run accident, it’s crucial to report the incident to the police as soon as possible and seek medical attention. Unfortunately, tracking down a hit-and-run driver can be difficult, and even if they are found, they may be uninsured or have insufficient insurance to cover your damages. This is another situation where uninsured motorist coverage can be invaluable. If the hit-and-run driver is never found or doesn’t have insurance, your own insurance can step in to cover your losses.
Final Thoughts: Navigating Car Accident Laws in New Mexico
The aftermath of a car accident in New Mexico requires a solid understanding of the state’s laws and regulations. From determining fault to dealing with insurance claims, the process can be complex and overwhelming, especially if you’re dealing with serious injuries or significant property damage.
If you or a loved one has been involved in a car accident in New Mexico, having an Experienced Attorney on your side can make a world of difference. At Raymon Law Group, we have a deep understanding of New Mexico’s car accident laws and a proven track record of helping clients secure the compensation they deserve.
Contact us today at (505) 390-1040 to schedule a consultation. We are conveniently located in Albuquerque, New Mexico, and are committed to providing you with the expert legal representation you need during this challenging time.
Frequently Asked Questions (FAQs)
What Should I Do If the Other Driver Doesn’t Have Insurance?
If you’re involved in a car accident with an uninsured driver in New Mexico, your own insurance policy may cover your damages if you have uninsured motorist coverage. This coverage is designed to protect you in situations where the other driver doesn’t have sufficient insurance to cover your losses. It’s important to report the accident to the police and your insurance company as soon as possible. Consulting with an attorney can also help you explore other avenues for compensation, such as pursuing a personal injury lawsuit against the at-fault driver.
How Is Fault Determined in a Car Accident in New Mexico?
Fault in a car accident in New Mexico is determined based on evidence collected from the accident scene, including police reports, witness statements, photographs, and sometimes expert analysis such as accident reconstruction. New Mexico follows a pure comparative negligence rule, which means that each party’s degree of fault is calculated as a percentage, and compensation is adjusted accordingly. If you’re partially at fault, your compensation will be reduced by your percentage of fault. Working with an experienced attorney can help ensure that fault is accurately assessed, protecting your right to fair compensation.
How Long Do I Have to File a Car Accident Claim in New Mexico?
In New Mexico, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the date of the accident. This deadline applies to seeking compensation for injuries, medical bills, lost wages, and other damages. If you’re filing a wrongful death claim due to the loss of a loved one in an accident, you also have three years from the date of death to file the claim. It’s crucial to act within this timeframe, as missing the deadline could result in losing your right to seek compensation. Additionally, insurance claims often have shorter deadlines, so it’s advisable to contact an attorney as soon as possible to ensure all necessary steps are taken in a timely manner.
What Are the Penalties for Leaving the Scene of an Accident in New Mexico?
Leaving the scene of an accident in New Mexico, commonly referred to as a hit-and-run, is a serious offense with severe penalties. If the accident results in property damage, injury, or death, the driver must stop immediately, provide their information, and render aid if necessary. Failing to do so can result in fines, license suspension, and even imprisonment. The severity of the penalties depends on the nature of the accident and the extent of the damage or injuries. If you’re involved in a hit-and-run accident, it’s essential to report it to the police immediately and seek legal advice to protect your rights.
Can I Still Recover Damages If I’m Partially at Fault for the Accident?
Yes, you can still recover damages if you’re partially at fault for a car accident in New Mexico, thanks to the state’s pure comparative negligence rule. Your compensation will be reduced by your percentage of fault. For example, if you’re found to be 30% at fault for the accident, your compensation will be reduced by 30%. This means that if your total damages amount to $10,000, you would receive $7,000. Even if you’re mostly at fault, you can still recover a portion of your damages. It’s important to have an experienced attorney represent you to ensure that fault is fairly assigned and you receive the maximum compensation possible.
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