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.