Did you know that 470 traffic fatalities were reported in New Mexico in 2021? In fact, the numbers are worrisome and should concern everyone. If you were injured in such a mishap in Rio Rancho, you should consider checking the state laws, especially when another person was responsible for the accident. Consulting a car accident attorney Rio Rancho doesn’t have to be expensive, and most lawyers would work on a contingency fee for their clients. In this post, we have shared three key pointers about accident laws in New Mexico and things that matter.
- New Mexico has claimant-friendly laws. Firstly, this is a tort state. If a driver was negligent, distracted, or in any way responsible for a car accident, they are liable for the injuries and losses endured by others. As the victim, you won’t just sue the other party as the first step but file a third-party insurance claim to seek compensation. If the insurance company denies your claim or you don’t get a fair settlement offer, you can file a lawsuit.
- New Mexico follows the pure comparative fault rule. States that follow this rule allow an at-fault party to recover compensation from the other, even when the former has a higher fault share. However, this could be a catch-22 situation because even if you manage to sue the other party successfully, your fault share will determine the final settlement. For example, if you were 60% at fault and won $1,000,000 in a settlement, you can only recover $400,0000.
- The statute of limitations is extremely important. This is a law that sets a time cap for filing a lawsuit following an injury. The deadline for car accident injury lawsuits and wrongful death claims is three years. The count starts from the accident date (or the date of the deceased’s death for wrongful death claims), but note that the statute of limitations is only for civil lawsuits and not insurance claims. If you want to sue the other party for property or vehicle damage, there is an extended deadline of four years.
The immediate shock and chaos after a car accident can prevent you from taking the proper steps in time. Because the circumstances are such, it is indispensable to ensure that you hire a reliable attorney for your case. A good lawyer can evaluate your car accident can share a fair overview of the expected settlement and other factors that can impact the case.