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What happens if both drivers share responsibility for a crash?

On Behalf of | Dec 9, 2022 | Motor Vehicle Accidents |

Some car accidents are more complicated than others, especially if both drivers are partially at fault for the crash. If this is your situation, you may be concerned about whether you can claim compensation for your injuries.

In New Mexico, a driver who is partially at fault for a collision may still be owed compensation, but it is always best to consult with a personal injury attorney about these matters in order to maximize the amount of compensation you receive.

New Mexico negligence laws explained

New Mexico is a pure comparative negligence state. That means you may be able to recover compensation for your losses even if you were partially at fault for the accident. However, the degree to which you contributed to the crash will diminish the compensation you can recover. For example, if your total damages are $100,000, but you were 30% at fault, you may be able to recover only 70% ($70,000).

How is each driver’s level of fault determined?

Establishing each driver’s contribution to a crash is a crucial part of the claims process. Usually, the insurance company will investigate the circumstances that led to the accident to ascertain each driver’s level of fault. However, insurance companies are notorious for doing whatever they can to minimize the amount paid out to injury victims. That means you should have your own personal injury attorney investigate the accident to determine each driver’s degree of fault. A personal injury attorney’s investigation may result in significantly different findings than the insurance company’s investigation.

Police reports, eyewitness statements, surveillance video, accident reconstruction experts, and statements from the drivers may all provide crucial information when determining fault.

Safeguarding your rights after a crash

You might disagree with the insurance company’s assessment of fault, and you may feel that you have unfairly borne more responsibility than your actual contribution to the crash. To be sure that you receive the maximum available compensation for your medical bills and other costs, it’s important to discuss your case with a personal injury attorney with experience in these matters.