What to Do After a Car Accident in New Mexico

Being in a car accident can be one of the most overwhelming and frightening events of your life. While trying to recoup damages in a civil case, you may also be dealing with life-altering injuries and psychological trauma brought on by the crash. It can make the whole situation even more frustrating than you may have expected. It’s vital that you know what to do after a car accident in New Mexico so you can preserve your future accident claim and get compensated.

One of the first things you should do before filing your claim is hire a car accident lawyer to oversee your case and protect your interests. Filing a car accident claim can be difficult if you don’t know what to do or when the filing deadline is. Having a car accident attorney in your corner who can help you navigate the New Mexico car accident laws can often make quite a difference. Our firm can bring years of personal injury experience to your case.

Car Accidents in New Mexico

Unfortunately, car accidents are not rare occurrences in New Mexico. In 2024, New Mexico’s car crash rate per capita was higher than the national average at 2,114 per 100,000 people. That same year, there were 445 total car accident fatalities on New Mexico roads. If you’re in a serious car accident, you may want to just be thankful that you survived. It’s also perfectly understandable to want to take legal action against the driver who caused your accident.

What to Do After a Car Accident

You should keep in mind that there are actions you should take in the immediate aftermath of a car accident that can help your future accident claim. Everything you do is going to be reflected in the official police report and in any legal claims that are filed either by you or the other driver involved. It’s important that you do what you can to keep yourself protected, and that can include taking certain vital steps. Here are some of those steps:

• Don’t panic. The first thing you should do after being in a car accident is calm yourself down. The aftermath of an accident can be overwhelming at first, and panicking may be your first involuntary response. Try your hardest not to panic, as panicking won’t help anybody. Take a few minutes to compose yourself, assess your situation, and move forward with as clear a head as possible.
• Check yourself for injuries. Depending on how severe the accident was, you may be in a state of shock. Shock can make it hard to feel any injuries you may have sustained in the accident. Take some time to check your body for injuries, then do the same for your passengers. Look out for blood, bruising, swelling, protrusions, and sprains. If you feel pain but can’t find an injury, tell the EMTs. It may be an internal injury.
• Don’t flee the scene. New Mexico state law states that fleeing the scene of an accident without reporting it is illegal, especially if the accident resulted in serious injuries, death, or property damage. If you are caught trying to flee the scene, you could end up facing hit-and-run charges, which could result in jail time. Simply remain at the scene until the police tell you that you can leave.
• Call 911. You need to call the authorities as soon as possible. Get police to block off the scene and get EMTs to check survivors for injuries. When they arrive, let the EMTs check you out and listen to what they say. They may take you to a hospital immediately if your injuries are severe enough.
• Don’t admit fault. It’s very important that you never admit fault to anyone. When the police question you, you may feel an instinct to apologize for your part in what happened. Don’t do this. Admitting fault in any way, including apologizing, can seriously jeopardize your chances of recovering damages in a civil claim. New Mexico is a fault state for car accidents.
• Exchange information. You need to exchange the relevant contact information with the other driver. Get their name, phone number, license plate number, and the contact number for their insurance carrier. Give them the same information.
• Document the scene. Make sure you document the accident scene for your records when the police clear you. Take photos of your injuries, the damage to all vehicles involved, and the road conditions. Speak to any witnesses who may be willing to provide you with a clear statement about what they saw.
• See a lawyer. Once you’ve documented the scene, you should hire a car accident lawyer to handle your case and assist you in seeking compensation.

FAQs

How Long Do You Have to Report a Car Accident in New Mexico?

In New Mexico, you have to notify the police immediately if you were involved in a car accident that resulted in an injury, death, or property damage that exceeded $500. Failure to do so can result in legal issues and difficulties getting compensated for your own damages. You also have to notify your insurance provider as soon as possible.

What Is the First Thing You Should Do Immediately After a Car Accident?

If you’ve just been in a car accident, the first thing you need to do is calm yourself down. You won’t be able to do everything that needs to be done, such as documenting the scene or checking yourself for injuries, if you’re struggling due to overwhelming panic. Take some deep breaths and try to get yourself calm.

Is New Mexico a Fault State for Car Accidents?

Yes, New Mexico is a fault state for car accidents. This means that the driver who is found to have caused the crash is also responsible for reimbursing the other driver for the damage that the crash caused them. New Mexico also follows comparative negligence, which means that your percentage of what you can recover drops by your own percentage of fault.

Who Do I Take Legal Action Against After a Car Accident?

While your first instinct may be to pursue damages from the other driver, an investigation still needs to be launched into what caused the accident. If it turns out the accident was caused by a mechanical failure that was out of everyone’s control, your legal claim may be pointed in the direction of the vehicle manufacturer instead of the driver. It depends on the results of the investigation.

Hire a Car Accident Lawyer

At Branch Law Firm, we can help you build a strong civil case. Contact us to speak with a team member.