One of the most common questions people have after an accident is whether they can still recover compensation if they were partially at fault. The good news is that in New Mexico, being partly responsible for an accident does not automatically prevent you from pursuing a personal injury claim.
New Mexico follows a legal rule called pure comparative negligence. This system allows injured parties to seek compensation even when they share some of the blame for what happened. Understanding how this rule works can help you know where you stand after an accident.
What Is Pure Comparative Negligence?
In many states, accident victims lose their right to recover damages if they are more than 50% at fault. That is not the case in New Mexico. Under pure comparative negligence, your percentage of fault simply reduces the amount of compensation you can receive.
For example:
If your damages total $100,000 and you are found to be 20% at fault, your recovery would be reduced by 20%, meaning you would still receive $80,000.
Even if you are found to be 70% responsible, you could still recover 30% of your damages.
This system helps ensure that people are not completely denied compensation simply because they made a mistake that contributed to the accident.
How Fault Is Determined
Assigning fault in a personal injury case involves several factors. Insurance companies, attorneys, and sometimes juries will consider:
Police reports
Witness statements
Photographs and video footage
Medical records
Accident reconstruction reports
Expert testimony
In some cases, the other party’s insurance company may try to place more blame on you to reduce what they have to pay. This is one reason why having a personal injury attorney is so important. Your attorney can gather evidence, challenge unfair accusations, and present a strong case on your behalf.
Common Scenarios Involving Shared Fault
Partial fault can happen in many different types of personal injury cases. Here are a few examples:
Car Accidents:
You may have been slightly speeding when another driver ran a red light and caused the collision.
Slip and Fall Cases:
You may not have noticed a warning sign, but the property owner still failed to fix a dangerous condition in a timely manner.
Pedestrian Accidents:
You may have crossed the street outside of a crosswalk, but the driver was distracted and not watching the road.
In all of these situations, you may still be entitled to compensation even if you share some responsibility.
Do Not Assume You Are Ineligible
Many people wrongly believe that if they made any mistake leading up to the accident, they cannot file a claim. That simply is not true under New Mexico law. The only way to fully understand your legal options is to speak with a qualified personal injury attorney who can review your case in detail.
Even if you think you may have played a role in causing the accident, it is worth discussing your situation with an experienced lawyer who understands the laws here in New Mexico.
Why Legal Representation Matters
Insurance companies often use shared fault as a tool to lower settlement offers or deny claims altogether. They may argue that you bear more responsibility than you actually do. Without strong legal representation, you may end up accepting far less than you deserve.
An experienced personal injury attorney will:
Investigate the accident thoroughly
Gather supporting evidence
Work with experts if needed
Negotiate with insurance companies on your behalf
Protect your right to full and fair compensation
Having a skilled advocate on your side can make a major difference in both the outcome and the amount you receive.
Talk to a New Mexico Personal Injury Attorney Today
If you have been injured in an accident in Roswell or anywhere in New Mexico, and you are concerned about being partially at fault, do not assume you have no case. The law may still allow you to recover significant compensation for your injuries, medical bills, lost wages, and pain and suffering.
Contact our office today for a free consultation. We are here to listen, answer your questions, and fight for the compensation you deserve.
