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New Mexico Comparative Negligence Laws

Posted in Firm News

Although getting into an accident is an unfortunate risk that motorists take on every day they choose to drive, most accidents can be avoided with the exercise of due care. When a preventable accident occurs, the injured party may bring a negligence claim against the at-fault party. In order to do this, the accident victim must be able to establish that the other party owed them a duty of care and the other party acted in such a way that the duty was breached. The accident victim must also show that they subsequently suffered damages.

Many car accidents, however, are not black-and-white affairs. In fact, there are commonly accidents where the injured party was also culpable to some extent. In this situation, either party involved in the accident will be able to bring a personal injury lawsuit against the other. That said, both parties’ total recovery amount will be reduced by their own percentage of fault under the doctrine of comparative fault. New Mexico is one of only 13 states that follows the theory of pure comparative fault. This means that even if the injured party is 99% at fault they can still recover something. Their damages will just be reduced by their degree of fault.

State Highway Patrol Officers Injured After Tractor-Trailer Accident

Earlier this month, two Missouri highway patrol officers were injured after they were struck by a tractor-trailer that drifted out of its lane while on the highway. According to one news report, the two officer’s cars were parked on the shoulder of the highway when the accident occurred. Evidently, the tractor-trailer left the highway and drove onto the shoulder, slamming into both of the police vehicles.

The vehicles were completely destroyed and the tractor-trailer ended up flipping over. All parties suffered some degree of injuries. According to state officials, cars are mandated to slow down or move over when there are emergency vehicles on the side of the road. However, the state officials acknowledged that it is extremely dangerous for cars to be parked on the side of the highway. At this time, the accident is still under investigation and no charges have been brought against the tractor-trailer driver.

Have You Been Injured in a New Mexico Trucking Accident?

If you or a loved one has been injured in a New Mexico trucking accident you should consider contacting an attorney at the Fine Law Firm. Trucking accidents can be very complex depending on the surrounding circumstances. In some cases, multiple parties should be named to ensure the maximum chance of recovery. An attorney at the Fine Law Firm can assist you in properly bringing your case and help you make sure that you are compensated fairly, even if you were partly at fault for the accident. Contact the Fine Law Firm at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

The Importance of Truck Driver Training and Compliance in New Mexico, New Mexico Personal Injury Lawyer Blog, March 7, 2017.

Hit-and-Run Truck Accident Liability in New Mexico, New Mexico Personal Injury Lawyer Blog, February 18, 2017.