Can More than One Person Be at Fault for a Car Accident in New Mexico?

by | Mar 16, 2022 | Car Accidents

In a complex car accident, it is important to obtain compensation for losses you have endured due to someone else’s negligence. Your economic and non-economic damages can be extensive and can potentially worsen over time with developing injuries. You should not have to pay because of someone else’s carelessness. If more than one person is at fault for your injuries in New Mexico, you may need to file multiple different claims in order to recover full compensation.

When you have been terribly injured in a car accident involving multiple parties, it may be overwhelming and stressful. Speak with an experienced lawyer at Dominguez Law to help you determine the parties responsible for your injuries. We will help you seek the necessary compensation you deserve for damages after a devastating car accident.

How to Determine Car Accident Liability in New Mexico

In every car accident case, liability is determined by negligence. In other ways, it is determined based on an individual’s failure to uphold their duty of care to avoid inflicting harm on others based on their actions. For example, when someone is texting while driving and their actions cause them to run a red light and cause an accident, it may be considered negligent because they let distracted driving behaviors harm others in an accident.

More than one party can be liable in a car accident. This is based on comparative negligence or comparative fault. For example, if a driver was distracted but also had a brake failure during the accident that caused their car to lose control, the car’s manufacturer could also be held liable for the injuries caused by the accident. If multiple different parties are responsible for your accident, you may need to file multiple claims in order to obtain maximum compensation.

Parties That Could Be Liable in a New Mexico Car Accident

There are additional parties that may be held liable in a car accident in New Mexico. In addition to the drivers involved, others that may be responsible for damages include:

Government Entity

Sometimes, a party such as a government entity responsible for road maintenance may be held responsible for your car accident. This is especially the case if the crash was due to a malfunctioning traffic signal or poor road design.

Parts or Car Manufacturers

Companies are responsible for providing safe products and parts that function properly. If a defect caused or played a part in your car accident, the manufacturer of the car or car part may be held responsible for the accident.

An Employer

If the at-fault driver was responsible for the accident while on the job, you may be able to file a claim against their employer. Employers are liable for the negligence of their employees while performing duties within their scope of work, including driving.

If you have been injured in a terrible accident and you believe multiple parties are liable for your losses, speak with a skilled New Mexico car accident lawyer today for an assessment of your case. Your experienced lawyer can offer skilled guidance on how to obtain maximum compensation for your damages.

How Compensation Is Distributed in New Mexico

When partial negligence is to blame in a New Mexico car accident claim, compensation is awarded based on the percentage of fault of all the parties involved in the claim. If only one person is responsible for an accident, they will be solely responsible for compensation.

If multiple parties are responsible, they will each pay their portion of responsibility in the accident. If you were also partially at fault, your portion of fault would be taken out of the award.

Pure Comparative Negligence in a New Mexico Car Accident

New Mexico, unlike other states, uses a pure comparative negligence model. In other states, you have to prove that you do not bear the majority of the liability for your injuries before you file a claim for compensation. In New Mexico, on the other hand, you can file a claim no matter what percentage you are found at fault.

Speak with a Skilled New Mexico Car Accident Lawyer at Dominguez Law

If you have one or multiple liable parties for your New Mexico car accident, it is essential to discuss the details of your car accident with an experienced car accident lawyer at Dominguez Law. Our knowledgeable legal team passionately advocates for you, gathers the necessary evidence to determine the number of liable parties involved, and determines the compensation you may be owed. You should not have to pay for the negligent actions of others.

The legal team at Dominguez Law understands that being injured in an accident in which more than one party is responsible can be overwhelming. We are here to fiercely advocate for you so you can start your road to recovery. Call (505) 317-9837 to speak with a car accident lawyer or fill out our contact form today. We also speak Spanish.