Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney.
Detailed Answer
Under New Mexico law, you must prove another driver’s negligence by showing four elements by a preponderance of the evidence: duty, breach, causation, and damages. In a collision at a traffic signal or exit ramp, specific evidence can establish each element.
1. Duty of Care
Every driver on New Mexico public roads owes a legal duty to obey traffic-control devices and exercise reasonable care. For example, N.M. Stat. Ann. § 66-7-302 requires drivers to stop when facing a steady red signal and may proceed only under specified conditions. N.M. Stat. Ann. § 66-7-302
2. Breach of Duty
To show breach, you must demonstrate the other motorist failed to act as a reasonable driver. Common breaches at signals or exits include:
- Running a red or yellow light
- Failing to yield when merging or exiting
- Speeding through an intersection or exit ramp
3. Causation
You must link the breach directly to your injuries or vehicle damage. Two aspects apply:
- Actual cause: The collision would not have occurred but for the motorist’s misconduct.
- Proximate cause: The harm was a foreseeable result of failing to obey the signal or yield.
4. Damages
Document your losses, including vehicle repairs, medical bills, lost wages, and pain and suffering. You must show quantifiable harm to recover compensation.
Key Types of Evidence
- Accident report: Official police or Department of Public Safety report detailing witness statements and collision diagrams.
- Photographs and video: Images of the scene, traffic signal, skid marks, vehicle damage, and traffic-camera or red-light camera footage.
- Eyewitness statements: Accounts from passengers, pedestrians, or bystanders.
- Electronic data: “Black box” recordings from the vehicle’s event data recorder showing speed and braking.
- Expert testimony: Accident reconstruction specialists can analyze the collision dynamics.
- Medical records: Documentation of injuries linking trauma to the crash.
Comparative Fault in New Mexico
New Mexico follows a modified comparative negligence rule: you can recover damages only if you are less than 51% at fault. Your recovery is reduced by your share of fault. N.M. Stat. Ann. § 41-3A-1
Next Steps
Gather and preserve evidence promptly. Notify your insurer, seek medical attention, and consult a qualified personal injury attorney to evaluate your claim.
Helpful Hints
- Secure and back up all photos and videos immediately after the crash.
- Obtain a certified copy of the accident report as soon as possible.
- Record detailed notes about weather, road conditions, and signal timing.
- Ask witnesses for written or recorded statements while memories are fresh.
- Keep all medical and repair bills organized to document damages.
- Consult an attorney before giving recorded statements to insurance adjusters.