Liability in NM Car Accidents

If you were injured in a car accident in New Mexico, fault will be a critical aspect of your case. Caruso Law Offices can explain how to establish liability in a car accident in New Mexico and how this can affect your personal injury claim.

New Mexico Is an At-Fault State

New Mexico is an at-fault state for car accident claims. This means that the party who is determined to be at fault for a crash is also financially responsible for it. Many car accident claims are resolved by filing an insurance claim with the at-fault driver’s liability insurance policy.

Who Is Responsible for a Car Accident in New Mexico?

There can be many parties who could be liable for a New Mexico car accident, including:

Other Motorists

Most car accidents are caused by the negligence of other motorists. You may be able to seek compensation against another motorist if they caused the accident by driving carelessly or breaking a traffic rule such as:

  • Speeding
  • Texting while driving
  • Following too closely
  • Drinking and driving
  • Failing to yield the right-of-way
  • Running a red light or stop sign

Vehicle Owners

In some cases, the owner of the vehicle may not be the person driving. Their negligent maintenance or entrustment of the vehicle could be the legal cause of the accident. In these cases, you would pursue a personal injury claim against the vehicle owner.

Government Agencies

Some accidents are caused because of dangerously designed or poorly maintained roads. In these cases, you could seek financial compensation from the government agency responsible for designing or maintaining the roadway.


Other accidents occur because there is a defect in the vehicle that causes mechanical failure during a critical moment. If your injury was caused or worsened by issues such as unexpected acceleration, suspension failure, blown tires, or brake issues, you may have a claim against the auto part or vehicle manufacturer.

Comparative Fault Rules

In some circumstances, the car accident victim shares some of the fault for the accident – known as comparative fault. While your own negligence will not bar you from seeking compensation from other at-fault parties, it will reduce the value of your claim in proportion to your degree of fault. For example, if you are determined to be 30% at fault for an accident, your damages are reduced by 30%.

How to Prove Fault in a New Mexico Car Accident

An experienced car accident attorney in Albuquerque, NM can help determine who is at fault for the accident by recovering evidence such as:

  • Accident reports
  • Witness statements
  • Photos of the accident scene
  • Video footage from traffic cameras, dash cams, or surveillance cameras
  • Cell phone records
  • Medical records
  • Toxicology reports
  • Black box data

The skilled car accident attorneys from Caruso Law Offices can use their considerable experience and resources to identify, obtain, and preserve critical evidence in your case.

Call an Experienced Car Accident Lawyer Today for a Free Consultation

If you were injured in a car accident caused by someone else’s negligence, Caruso Law Offices can investigate your case to determine who is at fault. We will work tirelessly to hold them accountable for your injuries and losses. Contact us today to get started with a free initial consultation.


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