How Comparative Negligence Works in New Mexico

Injury victims find themselves in shock and awe to learn that the individual or entity that caused their injuries is now blaming them for the accident. It should come as no surprise, however, as at-fault parties are often unwilling to accept responsibility for their negligent actions. Fortunately, New Mexico‘s pure comparative negligence laws are some of the most victim-friendly in the country.

Instead of barring you from receiving a settlement, the state’s partial fault laws make it possible for injury victims to recover the compensation they deserve despite sharing blame.

Your top-rated New Mexico personal injury lawyer from Zinda Law Group can help safeguard your settlement by introducing evidence that proves the defendant is primarily at fault. While your settlement will certainly be affected by partial blame, we can take the steps needed to ensure you get the most out of your claim.

Types of Shared Fault Laws

It may surprise you to learn that there are several different types of shared fault. The state in which your accident occurs will determine which type of shared fault will apply to your case. Some states, including New Mexico, follow pure comparative negligence laws. 

However, this is far from across the board. There are also several other types of fault laws, including pure contributory negligence and modified comparative negligence. Here is a little bit more about each:

Pure Contributory Negligence

Pure contributory negligence is one of the least popular types of shared fault. This is because when you live in a state that follows pure contributory negligence laws if you are even a little bit responsible for causing your accident or resulting in injuries, you lose the right to receive a settlement. For this reason, only a handful of states operate under pure contributory negligence laws, including:

• North Carolina under G.S. §1-139
• Virginia under Virginia Law §8.01-58
• Washington DC, under District of Columbia Code §35-302
• Maryland, under the Maryland Department of Legislative Services
• Alabama under ARCP Rule 8(c)

Pure Comparative Negligence

Pure comparative negligence is one of the most victim-friendly types of shared fault laws. When you live in a state that follows pure comparative negligence, you could be 99% responsible for causing the injuries you sustained and still be awarded a settlement for that one percent of liability that does not fall on you.

Several states across the country follow pure comparative negligence laws, including:

• Alaska under Alaska Statutes §09.17.060
• Arizona under ARS §12-2505
• California under California Civil Code §1714
• Kentucky under K.R.S. §411.182
• Louisiana under L.S.A. – C.C. Art. 2323
• Mississippi under M.C.A. §11-7-15
• Missouri under Gustafson v. Benda, 661 S.W.2d 11
• New Mexico under Scott v. Rizzo, 634 P.2d 1234
• New York under Civil Practice Law and Rules (CPLR) §1411
• Rhode Island under RI Gen. Laws §9-20-4
• Washington under RCW §4.22.070

Modified Comparative Negligence 

By and large, the most common type of partial fault is modified comparative negligence. Here, sharing blame will not prohibit you from recovering compensation, but there is a limit to how much liability you can carry. 

New Mexico Is a Pure Comparative Fault State

New Mexico follows a pure comparative negligence code as described under Scott v. Rizzo, 634 P.2d 1234. Here, sharing blame will not bar you from receiving a settlement at all. Let’s say you were involved in a motor vehicle wreck, for example.

Your New Mexico car accident lawyer would need to gather evidence to prove that someone else shared liability for the accident. Your legal advocate with Zinda Law Group can review video surveillance footage, speak with witnesses, or even hire accident reconstructionists to establish liability.

But if you are 20% liable for the injuries you sustained because you were not wearing your seatbelt at the time of the accident, you would only be awarded 80% of your settlement.

How Sharing Blame Could Impact Your Settlement

Expect your payout to be dramatically affected by sharing liability. The more you are awarded and the greater your percentage of liability, the more you can expect to get taken out of your settlement.

For instance, if you were 5% responsible for your motorcycle wreck but were awarded $100,000, you would only lose $5,000 from your settlement.

However, if you were 5% responsible but were awarded $1 million, the fallout would be much worse. Instead of losing just $5,000, you would be out $50,000.

This is a sizable amount of compensation that could be life-changing and help you get through this traumatic experience, which is why you would need a skilled New Mexico motorcycle accident lawyer advocating for your rights.

How to Challenge the Defendant’s Unjust Partial Fault Accusations 

The liable party is likely to blame you for the accident, no matter what. Even if you do not share blame, expect them to try to take advantage of New Mexico’s pure comparative fault law. Fortunately, you do not have to let them get away with it.

Your New Mexico catastrophic injury lawyer can challenge these accusations. It is not enough to simply argue that the defendant is making it all up, however. We will need to provide concrete evidence that shows the defendant is primarily responsible for your injuries or the accident that caused them.

Using this evidence, we can protect your settlement. The right legal representative handling your claim could make all the difference in the outcome of your case. When you hope to get the most out of your payout, you should carry as little liability for the accident as possible.

Safeguard Your Settlement with Help from a Powerful Legal Advocate

You should not lose hope if you decide to take legal action against the individual or entity who caused your injuries, only to find that they have blamed you for the accident.

Remember, this is one of the most common tactics at-fault parties use in an attempt to avoid financial liability. Your New Mexico personal injury attorney with Zinda Law Group will not let them get away with it.

We conduct comprehensive investigations and gather powerful evidence needed to establish culpability. That way, when the liable party blames you, the evidence will not support their case, and you will have a better opportunity to retain more of your settlement award.

To find out how New Mexico’s pure comparative negligence laws will impact your settlement, fill out our online contact form or call us to schedule your no-cost, risk-free consultation today.