What evidence is needed to prove fault and damages in a bus crash in New Mexico?

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Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

In New Mexico, to succeed in a bus crash lawsuit you must prove four elements of negligence: duty, breach, causation, and damages. Below is an overview of these elements and the key evidence to support each.

1. Duty and Breach

Bus drivers owe a duty to operate vehicles safely under New Mexico law. See N.M. Stat. § 66-7-301, which requires drivers to use reasonable care on public roads. To show a breach, gather:

  • Official police accident report documenting traffic violations.
  • Bus driver’s logbooks and training records.
  • Maintenance and inspection records for brakes, steering, and tires.
  • Cell tower or GPS data showing speed or route.

2. Causation

You must link the driver’s breach to your injuries. Useful evidence includes:

  • Accident reconstruction reports by qualified engineers.
  • Video or dashcam footage of the crash.
  • Photographs of skid marks, vehicle positions, and road conditions.
  • Witness statements describing how the collision occurred.

3. Damages

New Mexico law allows recovery for economic and non-economic losses. Under the state’s pure comparative negligence rule (N.M. Stat. § 41-3A-1), you can recover even if partly at fault. Collect:

  • Medical records, diagnostic imaging, and physician bills.
  • Receipts for prescription medications, therapy, and assistive devices.
  • Proof of lost wages or reduced earning capacity (pay stubs, employer letters).
  • Expert testimony on future care needs and life-care costs.
  • Documentation of property damage to personal items or clothing.

4. Comparative Fault

New Mexico follows a pure comparative negligence rule. Even if you share fault, you can recover a percentage of your total damages. To minimize your assigned fault, secure evidence that shows the bus driver’s conduct was the primary cause of the crash.

Helpful Hints

  • Obtain the official police report promptly; it often contains factual findings and diagrams.
  • Preserve all physical evidence, including bus debris and damaged personal items.
  • Interview witnesses as soon as possible to capture clear recollections; get signed statements.
  • Hire an accident reconstruction expert to strengthen the link between breach and injury.
  • Track every expense related to your injuries and lost income in one file.
  • Photograph the crash scene, vehicles, road signs, lighting, and weather conditions.
  • Keep a daily journal of pain levels, treatment schedules, and recovery progress.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.