Is it possible to get compensation if I was part of the cause of an accident?

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Accidents can happen to anyone, no matter how careful or experienced they are behind the wheel. While it may be our preference to believe that we would never be at fault for an accident, the truth is that no driver is perfect, and we can all make mistakes. You might be concerned about whether you can still receive compensation for the losses and injuries you’ve sustained if you contributed to an accident in New Mexico.

A vehicle accident litigation practice in Caruso Law Offices, P.C., is committed to assisting clients in obtaining just recompense for their injuries.

How Much Compensation Do You Qualify for If You’re Partially at Fault?

Even if you share some of the blame for an accident, you can still be entitled to compensation in New Mexico. The state’s comparative fault statute divides blame between the parties. This indicates that there is a shared element of fault between you and the other party.

Your reimbursement may be reduced or raised proportionately depending on the specifics of your case, which will determine how much the fault is divided. Two subsystems can be used in the comparative fault law:

  • Only 12 states in the US use pure comparative fault, and one of those states is New Mexico. If you were at fault for the accident and the injuries to the other party, you could still be eligible for compensation under this category. Accordingly, even if you are responsible for 70% of an accident’s causes, you are still eligible to get compensation for the remaining 30% of the accident’s causes.
  • Modified Comparative Fault: In this subsystem, the responsible party is still eligible to get compensation for an accident-related loss. The at-fault party may be determined to be more than 50% at blame for an accident, in which case that right is frequently forfeited.

Be aware that insurance companies frequently assert that they are powerless to assist you because you shared some of the blame for the accident. These insurance companies count on clients being unaware of the full scope of their legal options for financial compensation following an automobile accident in New Mexico.

They could be hoping you’ll give up and not pursue your claim further, but if you work with an experienced personal injury attorney in New Mexico, you’ll know to keep fighting for the full compensation you are entitled.

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