New Mexico personal injury cases are often based in negligence. In some cases, there may be accusations that the injured party was partly at fault for the accident. These cases require a consideration of the state’s comparative negligence law and the effect it can have on a case.
Negligence Claims
Motor vehicle crashes are generally results of negligent conduct rather than intentional conduct. To succeed in a New Mexico truck accident case, a plaintiff must prove the following: the defendant owed a duty to the plaintiff, the defendant breached that duty, and the breach was a proximate cause and cause in fact of the plaintiff’s damages.
Comparative Negligence
If more than one party is alleged to be at fault in an accident, the fact-finder will have to determine the percentage of fault of each of the parties. States have different rules about how courts should consider a plaintiff’s own fault in causing an accident. Generally, states follow either a “contributory negligence” model or a “comparative negligence” model. In a contributory negligence state, a plaintiff cannot recover any damages if the plaintiff is found to be even one percent at fault for the accident. Although this was the traditional rule for many years, very few states continue to follow a contributory negligence model.
There are different types of comparative negligence. For example, in a “modified comparative negligence” state, a plaintiff is generally barred from recovering damages if the plaintiff is found to be 50 percent or 51 percent at fault, depending on that state’s rule. There are different variations in those states. In a “pure comparative negligence” state, a plaintiff can recover damages no matter how much the plaintiff is found to be at fault. However, the plaintiff’s damages are reduced by the percentage of the plaintiff’s fault.
New Mexico has adopted the doctrine of comparative negligence for most circumstances. This means that the fault of the injured party bringing the claim can be considered. If the plaintiff is found to be partly at fault for the accident, the plaintiff’s recovery will be reduced by the plaintiff’s percentage of fault.
Teenage Biker Hit by Truck
One news source reported that a 14-year-old biker was recently hit by a semi-truck while he was on his way to school. According to witnesses, the student was heading west on the sidewalk, approaching the street. The semi-truck was also heading west and turned right at the intersection. According to the article, it was not clear if the student was in the crosswalk before the semi-truck turned. The boy was taken to the hospital for serious injuries and remained in critical condition. Authorities are conducting an investigation.
Contact a New Mexico Personal Injury Attorney
If you or a loved one has been injured in a New Mexico truck accident, you may be entitled to compensation. At the Fine Law Firm, we focus our practice on New Mexico personal injury law in order to provide our clients with high-quality legal representation. We handle car, truck, and motorcycle accidents, as well as other serious personal injury cases. Our Albuquerque personal injury attorneys have over 100 years of combined experience practicing injury law. To set up a free consultation, fill out our online form or call us at 505-889-FINE.
More Blog Posts:
Hit-and-Run Accidents Involving New Mexico Semi-Trucks, New Mexico Personal Injury Lawyer Blog, September 25, 2017.
Holding a New Mexico Employer Responsible for the Negligent Acts of an Employee, New Mexico Personal Injury Lawyer Blog, October 4, 2017.