"I ran that yellow light. I know I did. But the other driver was speeding and texting. Don't I have any claim at all?"
If you've ever asked yourself a version of this question after a car accident, you're not alone. Many people in Albuquerque assume that if they made any mistake at all, they've lost the right to seek compensation for their injuries. They figure insurance companies and lawyers will just laugh them out of the room.
Here's what you need to know: that's not how New Mexico law works.
New Mexico's Pure Comparative Negligence System
New Mexico operates under what's called a "pure comparative negligence" system. This is actually one of the most victim-friendly approaches in the entire country.
Here's the basic principle: even if you were partially responsible for an accident, you can still recover damages. Your compensation will be reduced by your percentage of fault, but you won't be completely barred from recovery unless you were 100% responsible.
Let's break down what that actually means with a real-world example.
How It Works: A Real Example
You're driving south on Coors Boulevard approaching Montaño. You glance down at your phone for a split second to see who's calling. In that moment, another driver runs a red light heading west on Montaño and T-bones your vehicle in the intersection.
The crash leaves you with a broken collarbone, whiplash, and a concussion. Your medical bills hit $40,000. You miss six weeks of work, losing $8,000 in wages. Your pain and suffering is significant.
But here's the problem: you were technically distracted by your phone, even though the other driver blatantly ran a red light.
In many states, that momentary distraction might completely destroy your case. But not in New Mexico.
Under New Mexico's pure comparative negligence law, a jury (or insurance settlement negotiation) might determine you were 20% at fault for the accident because of your distraction, while the other driver was 80% at fault for running the red light.
Your total damages are $48,000 ($40,000 in medical bills + $8,000 in lost wages). You'd be entitled to 80% of that amount: $38,400.
Yes, your award is reduced because of your partial fault. But you still walk away with significant compensation for injuries that someone else primarily caused.
Why This Matters in Real Cases
Insurance companies know about New Mexico's comparative fault laws. And they use this knowledge as a weapon against injured victims.
Their strategy is simple: find any way possible to blame you for at least some percentage of the accident. If they can shift even 30% or 40% of the blame onto you, they've just slashed what they have to pay by that same amount.
This is why you'll see insurance adjusters and defense lawyers doing everything they can to:
Claim you were distracted. Were you adjusting the radio? Talking to a passenger? Reaching for your coffee? They'll argue any of these things made you partially responsible.
Blame your speed. Even if you were going the speed limit, they'll claim you were driving "too fast for conditions" or should have slowed down to avoid the crash.
Say you should have seen it coming. They'll argue a "reasonable driver" would have anticipated the other driver's reckless behavior and avoided the accident entirely.
Point to traffic violations. Did you fail to use your turn signal 100 feet before turning? Were you following a little too closely? They'll magnify minor infractions to shift blame onto you.
The truth is, most accidents involve some degree of shared fault. Very few crashes are 100% one person's responsibility. Insurance companies know this, and they exploit it ruthlessly.
States With Harsher Rules
To appreciate how favorable New Mexico's law is, you need to understand what victims face in other states.
Pure Contributory Negligence States (Alabama, Maryland, North Carolina, Virginia, and Washington D.C.):
In these states, if you're even 1% at fault, you recover nothing. Zero. It doesn't matter if the other driver was drunk, speeding, and texting. If you had any role whatsoever, you're completely barred from compensation. This "all or nothing" rule is incredibly harsh on victims.
Modified Comparative Negligence States (most other states):
Many states use a "modified" system where you can only recover damages if you're less than 50% or 51% at fault (depending on the state). Once you cross that threshold, you're barred from any recovery at all.
In these states, if you're found 50% responsible, you might get nothing even though someone else was equally at fault.
New Mexico doesn't work that way. You can be 99% at fault and still recover 1% of your damages. We're not saying that's likely or that it's a good case, but the point is clear: New Mexico's law gives injured people the maximum opportunity to receive some compensation.
The Insurance Company's Comparative Fault Playbook
When you file a claim after an accident in New Mexico, you need to understand the tactics insurance companies will use against you.
Tactic 1: Exaggerate Your Fault
They'll take minor mistakes and blow them out of proportion. You failed to signal before changing lanes? They'll argue you caused the entire accident.
Tactic 2: Hide Evidence That Helps You
They'll "forget" to mention that their driver had previous accidents, traffic violations, or was violating company policy when the crash happened.
Tactic 3: Use Your Words Against You
This is why you should never give a recorded statement to the other driver's insurance company without talking to an attorney first. They're looking for any comment they can twist to show you admitting fault.
"I didn't see them" becomes "you weren't paying attention."
"I was running a little late" becomes "you were driving recklessly because you were in a hurry."
Even "I'm sorry" can be used against you as an admission of fault.
Tactic 4: Delay and Pressure
They'll drag out the claim, knowing your medical bills are piling up and you're getting desperate. Then they'll offer a quick lowball settlement, hoping you'll take it just to get something.
Tactic 5: Cherry-Pick Witnesses
They'll interview witnesses and only use statements that support their narrative that you were primarily at fault.
How to Protect Yourself
If you're involved in an accident where fault might be shared, here's what you need to do:
Document Everything
Take photos of the accident scene from multiple angles. Get contact information from witnesses. If there are traffic cameras nearby, note their locations. The more evidence you have, the harder it is for insurance companies to distort the truth.
Get Medical Treatment Immediately
Even if you don't feel badly hurt right away, see a doctor. Delaying treatment gives insurance companies ammunition to argue your injuries aren't serious or weren't caused by the accident.
Don't Discuss Fault at the Scene
You can exchange insurance information and check on others' wellbeing without saying "this was my fault" or speculating about what happened. Stick to facts only.
Never Sign Anything Without Legal Advice
Insurance companies may try to get you to sign releases or statements. Don't do it without having an attorney review the documents first.
Call an Attorney Before Giving Statements
Before you give any recorded statement to any insurance company (even your own), talk to a lawyer. Once you've said something in a recorded statement, you can't take it back.
Why You Need an Attorney for Comparative Fault Cases
This is not a situation where you want to go it alone. Insurance companies have entire teams of adjusters, investigators, and lawyers whose job is to minimize your claim. They do this every single day.
An experienced personal injury attorney can:
Gather evidence that proves the other driver was primarily at fault
This includes obtaining traffic camera footage, cell phone records, witness statements, and accident reconstruction expert analysis.
Counter the insurance company's inflated claims about your fault
We know how to push back against unfair blame-shifting tactics and present the evidence that tells the real story.
Calculate your full damages
We make sure every cost is accounted for: medical bills, future medical care, lost wages, lost earning capacity, pain and suffering, and more.
Negotiate aggressively
We don't accept lowball offers. We fight for every dollar you deserve based on the other driver's actual percentage of fault.
Take the case to trial if necessary
If the insurance company won't make a fair offer, we're fully prepared to present your case to a jury.
The Law Office of Nathan Cobb: Fighting for Your Fair Share
At the Law Office of Nathan Cobb, we've been representing injured New Mexicans since 2008. We understand how New Mexico's pure comparative negligence law works, and we know how to use it to your advantage.
We've recovered over $10 million for clients in Bernalillo County. Attorney Nathan Cobb has been recognized on the New Mexico Rising Stars list by Super Lawyers every year since 2017.
When insurance companies try to blame you for an accident you didn't cause, we fight back with:
- Thorough investigation of the accident scene and circumstances
- Expert witnesses who can establish what really happened
- Aggressive negotiation with insurance companies
- Trial-ready preparation that shows we mean business
We work on a contingency fee basis. That means you pay nothing unless we win your case. We take on all the risk so you can focus on your recovery.
Don't Let Partial Fault Stop You From Seeking Justice
If you've been injured in an accident in Albuquerque or anywhere in New Mexico, don't assume you have no claim just because you might share some fault. Under New Mexico law, partial responsibility doesn't equal no responsibility for the other driver.
Even if you were 30%, 40%, or even 49% at fault, you can still recover significant compensation for your injuries, lost wages, and pain and suffering.
But you need to act quickly. New Mexico's statute of limitations typically gives you three years to file a personal injury claim, but the sooner you start, the better your case will be. Evidence disappears, witnesses forget details, and insurance companies have more time to build their case against you.
Get Your Free Case Evaluation Today
Call the Law Office of Nathan Cobb at (505) 225-8880 or contact us online for a free, no-obligation consultation.
We'll review the facts of your accident, explain how comparative fault might apply, and give you honest advice about the strength of your case. If we take your case, we'll fight tirelessly to minimize the fault assigned to you and maximize your compensation.
Don't let the insurance company take advantage of you. New Mexico's law is on your side. Let us help you use it.