Can a Passenger Sue the Driver in New Mexico?
Car accidents don’t just affect drivers. Passengers are often seriously injured and left with mounting medical bills, lost income, and long-term recovery. If you were riding in a vehicle that crashed, you might be wondering what happens next. Do you have any legal rights? Can you sue the driver, even if you know them?
The short answer is yes. In New Mexico, injured passengers generally have the right to pursue compensation, even if the at-fault driver was a friend, coworker, or family member.
What Happens to a Passenger in a Car Crash?
Passengers can suffer the same, if not worse, injuries as drivers. These may include:
- Whiplash or neck injuries
- Broken bones
- Traumatic brain injuries
- Internal injuries or organ damage
- Spinal cord injuries
Because passengers are not in control of the vehicle, they are rarely considered liable for the crash. This gives them the right to file a claim against the at-fault party, which could be the driver of the vehicle they were in, the other driver, or both.
Filing a Passenger Injury Claim in New Mexico
As an injured passenger, you may be able to file:
- A claim against the driver of the vehicle you were riding in
- A claim against the driver of the other vehicle (if applicable)
- A claim against both drivers if they share responsibility
New Mexico follows a comparative fault system, which means that multiple parties can share liability. Your attorney will help determine who was at fault and which insurance policies may cover your injuries.
Will I Be Suing My Friend or Relative?
This is one of the most common concerns. If you were a passenger in a car driven by someone you know, you may feel uncomfortable about pursuing legal action. But it’s important to understand:
- Your claim is typically handled by their auto insurance company, not paid out of their pocket
- You are not accusing them of wrongdoing, you’re seeking coverage for your injuries
- Failing to file a claim could leave you responsible for thousands of dollars in medical bills
Auto insurance exists to protect everyone involved in a crash, including passengers. Filing a claim is not a personal attack — it’s a legal right.
What Damages Can a Passenger Recover?
If your claim is successful, you may be entitled to compensation for:
- Emergency medical treatment and hospital bills
- Ongoing care, such as physical therapy
- Lost wages if you miss work
- Pain and suffering
- Permanent disability or disfigurement
Every case is different, and a personal injury lawyer can help you assess the full value of your claim.
What If the Driver Is a Rideshare or Commercial Driver?
If you were a passenger in a rideshare vehicle (like Uber or Lyft), a taxi, or a commercial shuttle, your case may involve additional insurance policies. Rideshare companies are required to carry high-limit policies that may cover your injuries, but getting access to those funds can be complicated.
A personal injury attorney can help you file the necessary claims, deal with multiple insurers, and ensure your rights are protected.
Speak with a Passenger Injury Lawyer in New Mexico
If you were injured as a passenger in a car accident, do not assume you are powerless. You may have the right to pursue compensation from one or more drivers. Egan Law Offices, we help injured passengers in Las Cruces and throughout New Mexico get the answers and legal support they need. Contact us today.