Personal Injury
The Anatomy of a Car Crash in New Mexico: What You Need to Know
Car accidents can be a traumatic and disorienting experience. Whether it’s a minor fender bender or a major collision, it’s easy to feel overwhelmed by what comes next. In New Mexico, the process that follows a car crash may seem confusing, but understanding the steps can help you stay calm, make informed decisions, and protect your rights. If you’ve been involved in a car accident, here’s a breakdown of what to expect, from the first moments after the crash to the legal process that follows.
1. Immediate Actions to Take After a Car Crash: The first moments following a car crash are critical, both for your safety and the safety of others involved.
Ensure Safety:
First, check yourself and others for injuries. If there are serious injuries, call 911 immediately and ask for medical help.
If you are able, move to a safe location, such as the shoulder of the road, to avoid further accidents.
Exchange Information:
Exchange contact and insurance details with the other driver(s), including names, phone numbers, driver’s license numbers, and vehicle registration information.
If there are witnesses to the accident, gather their contact information as well.
Document the Scene:
Take clear photos of the accident scene, including all vehicles, damages, and any visible injuries.
Note any traffic signs, weather conditions, or other environmental factors that may have contributed to the crash.
Write down your version of events, and if possible, get a copy of the police report.
2. Reporting the Accident to Authorities: In New Mexico, accidents that cause injury or significant property damage must be reported to the police. Even if the crash seems minor, it’s always best to file a report for insurance purposes and to establish a record of the event.
Ensure Safety:
First, check yourself and others for injuries. If there are serious injuries, call 911 immediately and ask for medical help.
If you are able, move to a safe location, such as the shoulder of the road, to avoid further accidents.
Exchange Information:
Exchange contact and insurance details with the other driver(s), including names, phone numbers, driver’s license numbers, and vehicle registration information.
If there are witnesses to the accident, gather their contact information as well.
Document the Scene:
Take clear photos of the accident scene, including all vehicles, damages, and any visible injuries.
Note any traffic signs, weather conditions, or other environmental factors that may have contributed to the crash.
Write down your version of events, and if possible, get a copy of the police report.
3. Legal Considerations After a Car Accident in New Mexico: New Mexico follows a comparative negligence rule, which means that if you’re partially at fault for the accident, your compensation may be reduced by your percentage of fault. It’s important to understand how fault is determined and how it may impact your claim.
Ensure Safety:
First, check yourself and others for injuries. If there are serious injuries, call 911 immediately and ask for medical help.
If you are able, move to a safe location, such as the shoulder of the road, to avoid further accidents.
Exchange Information:
Exchange contact and insurance details with the other driver(s), including names, phone numbers, driver’s license numbers, and vehicle registration information.
If there are witnesses to the accident, gather their contact information as well.
Document the Scene:
Take clear photos of the accident scene, including all vehicles, damages, and any visible injuries.
Note any traffic signs, weather conditions, or other environmental factors that may have contributed to the crash.
Write down your version of events, and if possible, get a copy of the police report.
4. Dealing with Insurance Claims:After a car accident, navigating the insurance process is a common concern. In New Mexico, your auto insurance policy likely covers damage through liability, collision, and personal injury protection (PIP).
Understanding Your Coverage: New Mexico requires all drivers to have liability insurance, and many drivers also carry PIP insurance, which helps cover medical expenses resulting from an accident, regardless of who is at fault.
Working with Insurance Companies: It’s important to understand your rights and avoid common pitfalls. Insurance companies may attempt to settle for less than what you’re entitled to, so it’s essential to communicate clearly and keep detailed records of your expenses.
Time Limits: New Mexico has specific time limits (statutes of limitations) for filing accident-related claims, so make sure to act quickly to avoid losing your right to compensation. Generally, you have three years from the date of the accident to file a personal injury lawsuit.
5. Medical Care and Personal Injury Protection (PIP): One of the most crucial aspects after a car crash is taking care of your health. Even if injuries don’t seem severe at first, it’s important to get checked out by a medical professional.
Personal Injury Protection (PIP): New Mexico law requires that drivers have PIP insurance, which covers medical expenses related to an accident, regardless of fault. This means your own PIP coverage can help pay for medical bills even if you weren’t at fault in the accident.
Ongoing Medical Care: Follow your doctor’s instructions for treatment, and keep detailed records of all medical expenses. These will be important if you need to file a claim or lawsuit.
6. How Long Does It Take to Settle a Case in New Mexico? The timeline for settling a car accident case in New Mexico varies depending on the complexity of the case, the severity of the injuries, and whether a lawsuit is filed.
Settlement Process: If both parties can reach an agreement, your case may be settled out of court in a matter of months. However, if liability is disputed or significant damages are involved, the process can take longer.
Trial: If the case goes to trial, it can take a year or more to resolve. Working with an experienced lawyer can speed up this process by ensuring that all necessary evidence is presented and that your case is handled efficiently.
7. How a Personal Injury Lawyer Can Help You: Navigating the aftermath of a car crash in New Mexico can be overwhelming, especially when dealing with insurance companies and the legal system. A personal injury lawyer can be your advocate, ensuring that your rights are protected.
Maximizing Compensation: Lawyers understand how to evaluate damages and pursue the maximum compensation for your medical bills, lost wages, pain, and suffering.
Legal Guidance: An attorney will help you understand New Mexico’s traffic laws, negotiate with insurance companies, and if necessary, represent you in court.
8. Conclusion: You Don’t Have to Navigate This Alone
While a car crash in New Mexico can be a challenging experience, you don’t have to face it alone. By understanding the process and seeking the right help, you can protect your rights and ensure that you receive the compensation you deserve.
If you’ve been involved in a car accident, contact a trusted personal injury lawyer to help guide you through the steps and navigate the legal system. With their expertise, you can focus on your recovery while they handle the complex details of your case.
DISCLAIMER:
The content on this blog is for informational purposes only and does not constitute legal advice. Reading this blog or communicating with our law firm via this site does not form an attorney-client relationship. To discuss representation, call 575-312-6006 to schedule a consultation.