How Traffic Violations Impact Car Accident Claims in New Mexico
An experienced lawyer can protect your rights and build a strong case on your behalf
Car accidents are often more complicated than just a simple crash. In New Mexico, traffic violations play a significant role in determining the outcome of a car accident claim. Whether it’s speeding, running a red light, or driving distracted, these actions can have a lasting effect on your claim and ability to seek maximum compensation for your damages.
What are common traffic violations in New Mexico?
Common traffic violations in the state include:
- Speeding or driving too fast for road conditions.
- Running a red light or stop sign.
- Operating a vehicle while impaired by alcohol or drugs.
- Driving in a manner that shows disregard for the safety of others, such as tailgating or aggressive driving.
- Not yielding the right of way to other drivers or pedestrians when required.
- Using a cell phone or other distractions while driving, including texting or talking on the phone.
- Failing to wear a seatbelt as required by law.
- Changing lanes without signaling or cutting off other drivers.
- Not using turn signals when turning or changing lanes.
- Driving without a valid license or insurance.
How do traffic violations determine fault in car accidents?
In New Mexico, the driver at fault for a car accident is responsible for the damages. When a traffic violation occurs, it can clearly indicate who caused the crash. For example, if one driver ran a red light or was speeding, it would be easy to assign blame. These violations can serve as proof that the driver acted negligently and failed to follow the rules of the road.
In car accident claims, the violation itself becomes part of the case. If you can prove the other driver violated traffic laws, it strengthens your argument that they were at fault. On the other hand, if you were the one breaking traffic laws at the time of a collision, your fault may be questioned.
Can a history of traffic violations impact my car accident claim?
A history of traffic violations may not be evidence in a particular car accident, but it can work against the at-fault driver. If the at-fault driver has a pattern of speeding, running red lights, or other violations, this may show a disregard for traffic safety.
However, if you, as the crash victim, have a history of breaking traffic laws, insurance companies may try to use this against you. They might argue that your past violations show a pattern of negligence in an attempt to shift some of the blame onto you.
How do traffic violations affect compensation in New Mexico?
New Mexico follows a pure comparative negligence rule. This means that if you are partly at fault for a car accident, your compensation is reduced by your percentage of fault. For example, if the other driver ran a red light, they may be found 80% at fault. However, if you were speeding at the time of the crash, you could be found 20% at fault.
As a result, your compensation would be reduced by 20%. For example, if your damages equal $50,000, you would only be eligible for $40,000.
What arguments do insurance companies make to reduce or deny my claim?
The other driver’s insurance company may argue that you were partially or fully at fault for the accident. They may also downplay the extent of your injuries, claim they’re not as serious as reported, argue that they were pre-existing, and even request a copy of your medical records.
If you failed to report the accident on time, didn’t file a police report, or didn’t notify them immediately, they may argue you didn’t meet the requirements needed to file a valid claim.
To protect your rights and prevent insurance companies from reducing or denying your claim, be sure to take the following steps after a car accident:
- Call the police and get a copy of the crash report.
- Exchange insurance and contact information with the other driver.
- Get immediate medical attention, even if you feel fine.
- Report the crash to your insurance company as soon as possible.
- Seek legal assistance from an experienced New Mexico car accident lawyer.
- Avoid speaking to the other driver’s insurance company, even if they contact you.
- Keep all medical records, receipts, appointment logs, and hospital bills.
- Keep paystubs, vehicle repair estimates, and a daily pain and suffering journal.
What should I do if the insurance company offers a low settlement?
Insurance companies are known for offering lowball settlements after a New Mexico car accident. These quick offers often fail to account for the full extent of your injuries, lost wages, and pain and suffering. Accepting a low offer might seem like an easy solution, but it can leave you with a lot of out-of-pocket expenses.
If the insurance company offers a low settlement, it’s important to consult with a lawyer before accepting it. An experienced New Mexico car accident attorney can review the offer, assess the full extent of your damages, and negotiate for a better deal. They will ensure that your claim reflects the actual impact the accident had on your life.
What can I do if the insurance company won’t settle?
If the insurance company refuses to settle or is dragging its feet, filing a lawsuit may be necessary to get the full compensation you deserve. An attorney can help you determine whether filing a lawsuit is the best course of action. Going to court can be time-consuming and stressful, but it may be the only way to get the compensation you deserve.
Insurance companies are often more willing to settle when they know you have strong legal representation. Your lawyer can handle the negotiations and ensure that you don’t settle for less than you’re entitled to.
Take the first step toward recovery
If you’ve been injured in a car accident in New Mexico, there’s too much at stake to go it alone. Szantho Law Firm can fight tirelessly to make sure you receive the compensation you deserve for your suffering and losses.
We know how overwhelming it can be to deal with insurance companies, while you’re facing medical bills, lost income, and ongoing pain and suffering. We won’t let insurance adjusters downplay your injuries or use tricks to reduce your compensation.
Our law firm works on a contingency fee basis, so you don’t have to pay any upfront fees. We only get paid if you’re fully compensated for your losses. Don’t hesitate to schedule a free consultation. We’ll provide honest answers to any questions you have and help you explore your legal options. Contact us online or call our law offices in Albuquerque or Santa Fe to get started.
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