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How New Mexico’s Pure Comparative Negligence Statue Works to Divide Fault in New Mexico Truck Accident Cases

Posted in Firm News

New Mexico statute 41-3A-1 describes how courts are to apportion liability when more than one party is alleged to be at fault for an accident. New Mexico traffic accidents are a tragic yet unavoidable fact of life. Compounding the emotional, physical, and financial trauma that an accident can cause, these lawsuits can also result in lengthy legal proceedings full of uncertainty.

In many New Mexico personal injury cases, negligence is not clear-cut. Frequently, a plaintiff may find themselves in a situation in which they are defending their own conduct. This can occur when a defendant argues that the accident was caused because of some behavior of the plaintiff. In these situations, New Mexico personal injury lawyers can determine which statutes apply and how much, if any, responsibility the plaintiff has.

New Mexico is considered a “pure” comparative negligence state. This means that the plaintiff in a personal injury case can be held responsible for their part in the accident. However, unlike some other states that apply a stricter doctrine, New Mexico allows an at-fault plaintiff to still recover damages, based on their percentage of fault. Their recovery will be reduced by the percent of fault, as determined by the jury. This is beneficial to New Mexico accident victims because they will not be precluded from recovery if they had some responsibility in causing the accident.

Woman Killed By Dump Truck While Biking Home From Meeting her Husband

According to a recent news report, a woman was fatally injured when she was hit by a dump truck after returning home from meeting her husband for a lunch date. The tragic accident occurred on April 24th on a crosswalk near Rice University. The woman was riding her bike on a crosswalk when she was hit by a truck that was turning right. Authorities reported that she was killed on impact.

Police officials have been trying to determine the cause of the accident, as well as which of the parties were at fault. Initial reports indicate that law enforcement believe the accident to have been the woman’s fault, but bike advocates have been fiercely arguing against that allegation.

The woman’s husband has asked the court for a restraining order against the trucking company, which would prevent the company from destroying or altering any evidence related to the accident. The woman’s representative is attempting to preserve all evidence that may indicate the cause of the accident, perhaps in hopes of filing a personal injury lawsuit at a later date. The evidence in question includes information from the truck driver’s cell phone, black-box data from the truck, and the actual truck itself. The investigation into the accident is ongoing.

Have You Been Injured in a Trucking Accident in New Mexico?

If you or a loved one has been injured in a trucking accident in New Mexico, you should seek the representation of the experienced attorneys at the Fine Law Firm. The attorneys at the firm have decades of experience handling all types of personal injury lawsuits, including New Mexico trucking accidents. These cases can often turn on the apportioned liability between the parties. An attorney at the Fine Law Firm can help ensure that your role in the accident is portrayed correctly. If you are successful, you may be entitled to monetary compensation for the injuries you have sustained. Contact the Fine Law Firm at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

The Importance of New Mexico Trucking Limitations and Restrictions, New Mexico Personal Injury Lawyer Blog, May 10, 2018.

Trends Show Large Truck and Bus Accidents Are on the Rise, New Mexico Personal Injury Lawyer Blog, April 26, 2018.