Defendant's Attorney: Carlos Rincon, Eric Painter, Oscar A Lara, Elizabeth Z. Brabb, Michael W. Eady

Description: Albuquerque, New Mexico personal injury Truck wreck lawyer represented the Plaintiff who sued the Defendant on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

New Mexico Auto Negligence Law:

"Pure Comparative Negligence:

Unlike many other states, New Mexico follows a pure comparative negligence law. This means that even if you were partially at fault for the accident, you can still recover damages from the other driver, as long as they were more at fault than you.
Your damage award will be reduced by your percentage of fault. For example, if you were found to be 30% at fault and the other driver was 70% at fault, you would receive 70% of your total damages.

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gavel and justice scales, symbolizing the legal system

Other Important Aspects:

Negligence: To prove negligence, you must show the following elements:
Duty of care: The other driver owed you a duty to act like a reasonable driver.
Breach of duty: The other driver breached their duty by acting unreasonably.
Causation: The other driver's breach of duty caused your injuries or damages.
Damages: You suffered actual damages, such as medical bills, lost wages, or pain and suffering.
Minimum Insurance Requirements: New Mexico requires drivers to carry $25,000/$50,000 in liability insurance coverage per accident.
Statute of Limitations: You have 3 years from the date of the accident to file a lawsuit."

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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