Pedestrian accident cases in New Mexico involve many state laws. New Mexico Statutes 66-7-334 outlines pedestrians’ rights-of-way at crosswalks and intersections. It states that pedestrians have the right-of-way to cross at crosswalks that do not have traffic-control signals. Drivers may not pass vehicles that have stopped at crosswalks or intersections to allow pedestrians to cross. It also states that pedestrians have a responsibility not to step off curbs or sidewalks in front of vehicles that are too close to reasonably stop.
Rights-of-way laws could impact a pedestrian accident case by proving which party had the right to cross at the time of the collision. This can make it easier to assign liability. Another law that could affect a pedestrian accident case is New Mexico’s comparative fault statute. Many drivers in pedestrian accident cases allege the pedestrian’s partial responsibility. If a pedestrian was not paying attention or was jaywalking, for example, the driver could argue the pedestrian’s comparative fault.
In New Mexico, comparative fault will not bar a pedestrian from financial recovery. Instead, the courts will reduce the victim’s award by an amount equivalent to his or her degree of fault. If the courts award $100,000 and the plaintiff was 20% at fault, for example, the plaintiff would receive $80,000. New Mexico is a pure comparative fault state, meaning a victim could be 90% responsible and still receive some compensation. Knowing how the state’s fault laws could impact an accident victim's claim may take help from an attorney.