A man is texting while driving neglecting safety that might cause a car accident.


Accidents happen every day and in many different ways. When accidents in New Mexico are the result of negligence, personal injury lawyers can help injured victims file an appropriate accident claim requesting compensation for any injuries that were sustained. Still, personal injury attorneys and car accident lawyers know that in New Mexico, injured claimants must have an understanding of how partial negligence could affect their injury claim. Through my experience as a car accident attorney, I know that a person injured due to another person’s negligence may have a valid claim; however, any compensation awards for injuries will be based on the liability of each person involved in the accident.


Negligence Laws in New Mexico


According to New Mexico state law, negligence is defined as a person who has a duty of care toward the safety of another person and fails to provide that care, resulting in an injury. The person who did not perform their duty of safety to the injured person is considered to have been negligent. As a personal injury lawyer, the evidence I present to prove negligence results in the negligent party being responsible for any injuries that happened as a result of such action. Negligence laws apply in car accidents and any other accidents where a person is injured due to someone else’s failure to protect the safety of others.

What Is Partial Negligence?


In my work as a personal injury lawyer, I know that there are many situations where one party is considered to be primarily negligent; however, the injured party may also be partially negligent. Based on the specific event and how it occurred, as an experienced car accident attorney I help establish the degree of fault of each party involved in an accident where my client was injured. In other words, someone who is totally at fault for causing an accident would be 100 percent responsible for the injured person’s damages. If the injured person is found to be 25 percent at fault for the accident, their compensation for damages would reflect this percentage of fault.

Accident Claims and Partial Negligence


Many people mistakenly think that because New Mexico recognizes partial negligence, they should not file an accident claim because he or she may be partially responsible for the accident, which is not true. The decision as to whether or not an accident claim should be filed should be made after discussing the accident with a personal injury lawyer or a car accident lawyer like myself who can analyze the circumstances and advise appropriately. Although partial negligence may reduce the amount of compensation a person will receive, I often help my clients understand that they may still be entitled to compensation for his or her injuries, especially in accident cases where the injuries sustained are substantial.


It is important for anyone injured in any type of accident to discuss the incident with an experienced personal injury attorney or car accident attorney who can help them determine whether they have grounds for an injury case. Even though New Mexico observes partial negligence law, the party deemed most negligent is still responsible for compensation of the injuries suffered by the other party.


Pofahl Law Firm, P.C.

3736 Eubank Blvd NE Suite D

Albuquerque NM 87111

Call 505-266-3434