Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New Mexico law, every motorist must obey traffic-control signals. NMSA 1978, §66-7-35 (Traffic-Control Signals) states that drivers facing a steady red signal must stop at the marked line. A violation creates a presumption of negligence.
1. Establishing Duty and Statutory Violation
The duty to stop at a red light is explicit. If the at-fault driver enters the intersection against the light, they breach this duty under §66-7-35. This breach qualifies as negligence per se.
2. Proving Breach of Duty
You can prove the breach by gathering:
- Traffic light camera or surveillance footage.
- Police accident report describing the violation.
- Eyewitness statements confirming the red-light run.
- Photographs showing skid marks or damaged traffic signals.
3. Demonstrating Causation and Damages
Link the red-light violation directly to the collision. Use medical records, repair estimates, and expert analysis to show that the breach caused your injuries and losses. Document all expenses, including vehicle damage, medical bills, and lost wages.
4. Addressing Comparative Negligence
New Mexico follows comparative negligence. Under NMSA 1978, §41-4-16 (Comparative Negligence), your recovery is reduced by your percentage of fault. Maintain thorough evidence—such as dashcam video—to minimize any claim that you share blame.
5. Statute of Limitations
File a personal injury lawsuit within two years of the collision per NMSA 1978, §37-1-8 (Actions for Injury to the Person). Missing this deadline typically bars your claim.
Helpful Hints
- Request the full police report promptly.
- Preserve and date all photos and videos.
- Get witness contact details and statements in writing.
- Keep a record of all medical treatments and related bills.
- Consider consulting an attorney early to navigate negotiation or litigation.