Can I Still Get Compensation if I Was Partly at Fault for an Accident?

by | Jul 15, 2022 | Car Accidents | 0 comments

No matter how safe or experienced of a driver a person may be, accidents may still occur. While we may like to assume that we would never cause an accident, the truth is that no driver is perfect and we can all make mistakes. If you are partly at fault for an accident in New Mexico, you may be concerned over whether you may still retain compensation for the injuries and losses you have suffered.

Dominguez Law is an Albuquerque car accident law firm dedicated to helping clients obtain fair compensation for their injuries. While you may be feeling helpless if you think you’re at fault for a car accident—even partially—it is essential that you do not give up, as you may still be eligible for compensation regardless of partial liability.

How Much Compensation Are You Eligible for When Partly at Fault?

In New Mexico, you may still have a legal right to retain compensation despite being partly at fault for an accident. The state law, known as comparative fault, apportions fault between the parties. This means that fault can be divided between you and the other party involved. The amount that the fault is divided will depend on the specific details of your case and, as a result, your recovery may be reduced or increased proportionately. Under the comparative fault law, there are two subsystems that may be used:

  • Pure Comparative Fault: New Mexico is one of only 12 states in the United States that utilizes pure comparative fault. Under this subsystem, you may still retain compensation even if you were at fault for the accident and the other party’s injuries. This means that if you are 70 percent at fault for an accident, you may still collect compensation for the 30 percent that the other party was liable.
  • Modified Comparative Fault: Under this subsystem, the at-fault party may still collect compensation after an accident. However, that right is often barred if the at-fault party is found to be more than 50 percent liable for an accident.

Be aware that insurance providers will often claim that, because you were partially responsible for the accident, there is nothing they can do to help you. These insurance companies rely on individuals not being aware of the full extent of their rights concerning compensation after a car accident in New Mexico. While they may hope you will just walk away and not pursue the claim any further, when you work with a knowledgeable New Mexico personal injury lawyer, you will know to continue to pursue the fair compensation you are owed.

What Damages Am I Eligible to Collect After an Accident in New Mexico?

Regardless of how much you were found to be at fault for an accident, you may still be owed compensation for your injuries and losses. After an accident occurs in New Mexico, you may be eligible to pursue the following damages:

  • Medical Expenses: After an injury occurs, individuals will often face costly medical expenses such as doctor visits, hospital stays, or other medical treatments. Accident victims should not have to pay these costs out of pocket.
  • Lost Wages: If an individual’s injuries have prevented them from being able to work, they should be compensated for all present and future pay they will miss out on.
  • Property Damage: If the victim had any property damaged during the accident, they should be compensated for the cost to repair or replace it.
  • Pain and Suffering: Injured individuals should be compensated for any physical, emotional, or mental pain and suffering they have had to endure as a result of the accident.
  • Loss of Enjoyment of Life: an injured person is entitled to recover monetary damages for the negative impact the crash had on your life and day to day activities. These damages are separate from pain and suffering damages.

Insurance providers will typically try to award you the lowest possible amount in compensation. That is why it is important that you work with a trusted lawyer who will have your interests in mind when negotiating your settlement offer.

Contact a Trusted Car Accident Lawyer for Help With Your Claim

In the event that you are involved in a car accident that you are partially at fault for, it is crucial you seek help from a trusted New Mexico car accident lawyer. At Dominguez Law, our team of compassionate lawyers is dedicated to protecting your rights by examining your case in detail.

To speak with one of our car accident lawyers, contact Dominguez Law by calling (505) 317-9837 or using the contact form to schedule a free consultation. We also speak Spanish.