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Pure comparative negligence and New Mexico car crashes

On Behalf of | Jul 16, 2021 | Car Accidents

If you have been injured due to a New Mexico car accident caused by someone else’s negligence, you may be able to pursue compensation for your damages as a result. In order to successfully pursue a claim for lost wages, medical bills and other costs suffered due to the crash, you must be able to show that the other party was at fault for your injuries. While this is relatively common, New Mexico deals differently with legal responsibility for damages than many other states, relying on the theory of pure comparative negligence.

What is pure comparative negligence?

You have the right to seek compensation for the harms caused by someone else’s negligence; however, the other party can also raise a number of defenses to argue that they are not at fault. Under pure comparative negligence, the blame for a crash is fixed according to the proportion that each party is found to be at fault. Insurance carriers typically measure comparative negligence in a motor vehicle accident claim on a percentage basis.

How does comparative negligence affect a car crash settlement?

Under comparative negligence, even if the other driver was 90% at fault for the car accident, your claim would be reduced by your 10% share in the blame. However, you can still receive compensation even if you were 90% at fault and the other party was 10% at fault. While insurance companies are obligated to investigate car crashes and assign fault, this does not mean that their assessment will necessarily be fair or correct.

In some cases, you may feel that you have been assigned an unfair burden of fault in a motor vehicle accident largely caused because of another driver’s negligence. A personal injury lawyer may work with you to challenge such findings and pursue a fair settlement for your damages.


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