Have you ever found yourself in a multi-car accident? It can be difficult to know who is at fault – such an accident can be the fault of more than one driver – but rest assured that your Albuquerque accident lawyer will know how to represent you in such a case. Here are some things you should know about multi-car collisions in New Mexico.
Determining Fault
Officials Decide Which Driver(s) were Negligent in the Accident, and to What Percentage.
If you were driving negligently, such that you were partially or completely responsible for the accident, you will be responsible for your “percentage” of fault. For example, the court may find you 25% responsible for the accident. The remaining 75% would fall to another driver or drivers. The “standard of care” or “rule of care” in part determines the presence of negligence.
New Mexico laws state that there is a “standard of care” that falls to every motorist on the road. For example, you must demonstrate the same attention to your driving and safety as any “reasonable person” would.
This means:
- Obeying traffic laws
- Not driving recklessly
- Avoiding careless acts like drinking and driving or texting and driving, and
- Keeping your eyes on the road
… are all examples of what a reasonable person would do.
Furthermore, you also have a duty of “reasonable care” to watch out for your passengers, pedestrians, and other vehicles and drivers on the road.
DON’T Apologize or Admit Fault
Officials may need details of the accident. However, don’t apologize or say that it was your fault until you talk to an Albuquerque accident lawyer.
New Mexico’s “pure comparative fault” laws allow you to collect damages if you’re injured — even if you are partially responsible for the accident. These amount of damages awarded can change based upon how much someone else was responsible for the accident in proportion to your own responsibility. As stated above, if the judge determines that you are 25% responsible for the accident, you can still collect 75% of the damages you would have received as a plaintiff who was not at fault in any way for the accident.
What Should You Do if You’re in a Multi-car Accident?
- Stop your vehicle. Don’t flee (if your car is drivable). Doing so could result in a criminal hit-and-run charge. Stay put and put your hazard lights on.
- Stay in your vehicle with your seat-belt fastened. Make sure your passengers also stay in the vehicle with their seat-belts fastened until you’re given the okay to leave by officials (EMTs and/or law enforcement).
- Call 911 for any injured parties. New Mexico law requires drivers who are able to give “reasonable assistance” to others injured in the accident. For most, that means calling 911. It’s also a good idea to call for medical assistance if you suffered the injury yourself and are able to do so. Make sure medical personnel document your injuries. You may later wish to file a personal injury claim with an Albuquerque accident lawyer later.
- Exchange information when it’s safe. Exchange names, addresses, and registration information with other drivers. But only do so once officials have given you the okay to exit your vehicle.
Contact an Albuquerque Accident Lawyer
After the accident, contact an Albuquerque accident lawyer as soon as you can. Remember, even if a court determines you are partially at fault for the accident, you can file a personal injury claim for the percentage of compensation due to you. We are here to help! Get a FREE consultation with Lerner and Rowe Injury Attorneys – call 505-444-4444 NOW! Our office hours are 8:00 AM – 5:00 PM, but we are available 24/7 to take your call. You can also get in touch with us via our LiveChat feature or by filling out an online form.