Injuries from a car accident can range from minor cuts and bruises to life-altering conditions. If someone else’s recklessness or negligence caused your crash, you may be entitled to financial compensation by filing an Albuquerque car accident claim.
You may even be entitled to compensation for related medical bills and other damages if you are partly at fault. However, several common mistakes can seriously ruin your chance of recovering substantial damages from a New Mexico injury claim. Our Albuquerque car accident attorneys put together this guide to help you avoid making a costly mistake.
Admitting Fault for a New Mexico Car Wreck
You get in a wreck. You are in pain, stressed, and confused. So what should you not do? Don’t apologize or admit fault. Why? Because New Mexico law operates on a comparative negligence rule. This means that if you’re found to be partially responsible for your Albuquerque car crash, your compensation total can be reduced to match your percentage of fault.
Basically, say little and listen much to a car crash injury lawyer who knows how to protect your rights while getting you the highest compensation possible.
For example, saying, “I’m sorry this accident happened” to the police, an involved driver, or an insurance company representative could be considered an admission of fault. It doesn’t matter that you were expressing a general concern about the accident; your empathetic words could be used against you to reduce or deny your Albuquerque car crash claim.
Risky Behaviors that Hurt an Albuquerque Car Accident Claim
Even if a faulty tire or a defective car part contributed to a car collision, acting out in risky behaviors could jeopardize the outcome of your Albuquerque car accident claim.
Driving Under the Influence
Driving under the influence of drugs or alcohol puts you and others on the road at risk. If you are in an accident and found to be under the influence, courts will probably assume that you are at fault. This means if you attempt to file an injury claim you may find it difficult to get any compensation for damages.
Road Rage
Cutting other drivers off, tailgating, speeding up and slamming on the brakes, and other aggressive driving acts are hazardous. If your aggressive driving caused an accident, you can still be found completely or partially at fault, even if faulty parts or other factors contributed to your incident.
Distracted While Driving
If you were distracted while driving, you could also lose your injury case. In 2021, 45% of all crashes in New Mexico were attributed to distracted driving. When most people think of distracted driving, they think of texting and driving.
However, it may surprise you that eating or drinking your coffee while driving could be a distraction. The Department of Transportation breaks driving distractions into four types. They can be anything that:
- Visual: Causes you to take your eyes off the road
- Manual: Requires you to take your hands off your steering wheel
- Auditory: Makes you less likely to hear dangerous sounds outside your vehicle
- Cognitive: Takes your focus off of driving
Missing Legal Deadlines
You could be completely free of any guilt for your car accident happening and still spoil your car accident claim. In New Mexico, the statute of limitations allows you to file a claim three years from the date of your accident. If you miss that deadline, you could lose your chance to file.
Posting on Social Media
What you share online after an accident can come back to bite you. Insurance companies and defense attorneys are known to sift through social media, searching for anything that might undermine your claim.
Here are some common pitfalls to avoid:
- Posting photos or videos that make it look like you’re not injured or more active than you are.
- Saying things about the accident that could be seen as admitting fault or minimizing your injuries.
- Letting friends tag you in posts or check-ins could misrepresent your physical health before and after the car accident.
- Not adjusting your privacy settings makes it a breeze for investigators to peek at your profile.
When in doubt, it’s usually a good idea to avoid social media until your case is resolved.
How to Protect Your Car Crash Injury Claim in Albuquerque
We hope you found this guide helpful and feel better prepared to file a successful Albuquerque car accident claim. Just know that our legal team is always ready to lend a helping hand, day or night. We can walk you through what you need to do to secure your claim and avoid costly mistakes.
Schedule your free, no-obligation consultation today by calling (505) 544-4444, through LiveChat, or by sharing your contact information through a secure online form.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.