Understanding New Mexico's Pure Comparative Negligence Laws: What Albuquerque Accident VictimsAlbuquerque Highway Need to Know 

After a car accident in Albuquerque, determining who pays for damages isn't always black and white we find at Keller & Keller. New Mexico follows a "pure comparative negligence" standard, which significantly impacts how compensation is awarded following a collision. Under this system, established by New Mexico Statute § 41-3A-1, accident victims can recover damages even if they were partially responsible for the crash—a critical difference we’ve observed in neighboring states can dramatically affect your case. 

The New Mexico Supreme Court solidified this approach in Scott v. Rizzo (1981), establishing that a plaintiff's recovery is diminished in proportion to their fault but never completely barred. For example, if you're found 30% responsible for an accident with $100,000 in damages, you can still recover $70,000. This contrasts sharply with cases we handle in Indiana's modified comparative negligence system, where victims who are 50% or more at fault cannot recover anything. The distinction is particularly important for Albuquerque residents who frequently travel across state lines, as the location of your accident can significantly impact your legal options. 

Recent applications of this law can be seen in cases like Delfino v. Griffo (2011), where the New Mexico Supreme Court applied pure comparative negligence to liability under the Liquor Liability Act. Our Albuquerque car accident lawyer team observes this type of application on a day-to-day basis in car accident cases we negotiate. Insurance companies understand these laws, so it is important to hire an Albuquerque personal injury attorney who understands them as well. 

For Albuquerque drivers, this means every accident case deserves evaluation, regardless of potential shared fault. However, insurance companies operating in New Mexico are well aware of this law and often attempt to maximize the victim's percentage of fault to minimize their payout—making experienced legal representation crucial when navigating the aftermath of an Albuquerque collision. 

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