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New Mexico Traffic Accident Lawyer

New Mexico Car Accident Attorneys

In 2012, there were 41,083 reported traffic crashes in New Mexico, injuring 16,205 people and killing 366, according to the New Mexico Department of Transportation (NMDOT). If you live in or were visiting New Mexico and were hurt in a traffic accident, you may be entitled to substantial compensation that can pay for your medical bills, replace your lost income and cover your future needs arising out of your injuries. An experienced New Mexico car accident lawyer can help.

Most Common Causes of New Mexico Traffic Accidents

According to NMDOT, in 2012:

  • Driver inattention contributed to 23% of all accidents, making it the most common cause
  • Failure to yield was involved in 12% of traffic accidents
  • Following too closely came in third at 11%
  • 5% involved alcohol

When it came to fatalities:

  • 43% involved alcohol and/or drugs
  • Driver inattention was a contributing factor in 11%
  • Excessive speed contributed to 9%

Distracted Driving

Distracted driving is the most common cause of New Mexico traffic accidents. Common distractions include:

  • Texting and other device use
  • Talking on the phone
  • Eat and drinking
  • Personal grooming
  • Adjusting the stereo
  • Adjusting vehicle settings
  • Talking to passengers
  • Rubbernecking
  • Tending to children
  • Reaching for objects
  • Daydreaming

New Mexico has a ban on texting and talking on a hand-held cell phone while driving, but the penalties are minimal. However, if you have been injured by a distracted driver, you can hold that driver financially responsible. An experienced car accident lawyer can help you prove that the driver who caused your accident was distracted, even if the driver did not receive a citation, using evidence such as:

  • Cell phone records
  • Witness statements
  • Social media posts
  • Surveillance footage
  • Footage from traffic cameras
  • Images and videos from cell phones

If You Were Partly to Blame

You should never admit blame after an accident because the other driver’s insurance company will use whatever you say against you. But, you should also know that if you are found to be partly to blame, even largely to blame, for your accident and injuries, you are still allowed to recover compensation under New Mexico law.

New Mexico follows the doctrine of “pure comparative negligence” which allows you to recover even if you were 99% to blame, but your damages are reduced by your percentage of fault. So, if your damages are $100,000 and you were 40% to blame, you could still recover $60,000.

If you have been injured in a car accident in New Mexico, please contact one of the experienced New Mexico personal injury lawyers profiled on this website.

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