New Mexico statute 41-3A-1 describes how courts are to apportion liability when more than one party is alleged to be at fault for an accident. New Mexico traffic accidents are a tragic yet unavoidable fact of life. Compounding the emotional, physical, and financial trauma that an accident can cause, these lawsuits can also result in lengthy legal proceedings full of uncertainty.
In many New Mexico personal injury cases, negligence is not clear-cut. Frequently, a plaintiff may find themselves in a situation in which they are defending their own conduct. This can occur when a defendant argues that the accident was caused because of some behavior of the plaintiff. In these situations, New Mexico personal injury lawyers can determine which statutes apply and how much, if any, responsibility the plaintiff has.
New Mexico is considered a “pure” comparative negligence state. This means that the plaintiff in a personal injury case can be held responsible for their part in the accident. However, unlike some other states that apply a stricter doctrine, New Mexico allows an at-fault plaintiff to still recover damages, based on their percentage of fault. Their recovery will be reduced by the percent of fault, as determined by the jury. This is beneficial to New Mexico accident victims because they will not be precluded from recovery if they had some responsibility in causing the accident.