Egan Explains: Your Rights Under New Mexico Car Accident Laws

Being involved in a car accident in New Mexico can be a stressful and confusing experience. Understanding your rights and the local laws can help you in the process of seeking compensation. At the Law Offices of Kenneth G. Egan, we’re committed to keeping Las Cruces residents informed. In this blog post, we’ll discuss some key aspects of New Mexico car accident laws.

Fault-Based System

New Mexico operates under a fault-based car accident system. This means that the driver who caused the accident is financially responsible for the damages of the other driver(s) involved. To determine fault, authorities will investigate the accident scene, gather witness statements, and analyze any available video footage.

Comparative Negligence

New Mexico follows a pure comparative negligence system. This means that even if you are partially at fault for the accident, you can still recover compensation for your damages. However, the amount of compensation you receive will be reduced by your percentage of fault attributed to the accident. For example, if you are found to be 20% at fault for a car accident and your total damages amount to $10,000, you would be eligible to receive $8,000 in compensation.

Reporting Requirements

New Mexico law requires drivers involved in car accidents to file a report with the police if the accident results in:

  • Bodily injury or death to any person involved
  • Property damage exceeding $500

If the accident occurs within city limits, the report will be filed with the local police department. For accidents outside city limits, reports are filed with the New Mexico State Police or the county sheriff.

Statute of Limitations

There is a time limit for filing a car accident lawsuit in New Mexico. The statute of limitations is three years from the date of the accident. If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation.

Seek Legal Counsel

The aftermath of a car accident can be overwhelming. The Law Offices of Kenneth G. Egan can help you understand your rights under New Mexico car accident laws and navigate the legal process. Our experienced Las Cruces car accident attorneys can help you:

  • Investigate the cause of the accident
  • Determine the extent of your damages
  • Negotiate with insurance companies
  • File a lawsuit, if necessary

Contact us today for a free consultation at (575) 523-2222. Let our experienced car accident attorneys help. We are located in Las Cruces and are proud to service the surrounding areas, including Santo Tomas, La Mesa, Fort Selden, Radium Springs, Doña Ana, and beyond.