Dealing with the aftermath of a car crash is never easy, but what happens if your accident was caused by a driver visiting from out of state? Do the same laws apply to your case if you choose to file a lawsuit to secure damages to cover the cost of your crash and subsequent medical bills?
The short answer is yes, New Mexico laws apply to any driver in the state, regardless of where they live and what state their insurance policy is from. However, if you were the victim in an accident with an out-of-state driver, then you have options for recovering compensation for your losses.
Those options may include filing a lawsuit here in New Mexico if that’s where your collision occurred, or you can file a case in the state where the driver is from. Both options are viable depending on your specific circumstances and needs.
You may find it helpful to speak with an Albuquerque car accident attorney to better understand which rights you may have in your specific situation.
How Often Do New Mexico Motor Vehicle Collisions Involve Motorists From Other States?
New Mexico is home to some of the most dangerous highways in the country, including US-285, US-550, and I-40, where thousands of crashes occur every year. Data compiled by the New Mexico Department of Transportation shows that, while heavy truck accidents only account for approximately 8% of crashes every year, they cause nearly 18% of all fatalities annually.
While no readily available data specifically identifies how many collisions are caused by out-of-state drivers each year in New Mexico, it’s safe to say that many of the wrecks that occur do involve them.
Think about it. As far as 18-wheelers are concerned, they’re a common sight on highways across New Mexico. It’s likely that many of those truck drivers are from out of state. Also, there are a number of cities in our state that are prime tourist attractions. This means that there are a lot of passenger car operators on our roadways in Albuquerque, Santa Fe, Las Cruces, and elsewhere.
So, the likelihood that collisions in New Mexico involve residents of other states is high.
Recovering Compensation for Your Losses After an NM Traffic Crash Injures You
Tractor-trailer operators and car drivers alike are all required to follow the local laws. When they don’t, potentially devastating crashes can occur. New Mexico law allows you to hold a motorist who harms you or takes the life of a close family member liable for their negligence.
How Do Auto Insurance Minimums Affect My Car Accident Lawsuit?
Car insurance minimums can vary from state to state, but how will that affect what you can recover? According to the New Mexico Motor Vehicle Division (MVD), our state requires all drivers to carry at least:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $10,000 property damage liability per accident
However, as stated above, the same is not true for every state. That point matters if a motorist from another state collides with you.
As mentioned above, each state’s mandatory minimum auto insurance coverage limits are different. Additionally, there is quite a bit of variance in terms of whether a state is a fault or a no-fault one and what type of comparative negligence standard they may have in place.
The insurance coverage you and the other driver have from your respective states can greatly impact the compensation you’re eligible to receive for medical bills, lost wages, pain and suffering, property damage, wrongful death, and other accident-related losses.
Getting Help If a Driver Licensed in Another State Hit and Hurt You in New Mexico
If you were seriously injured in a car crash caused by an out-of-state driver, Barrera Law Group LLC is here to help. Our experienced New Mexico car and truck accident attorneys will work with you throughout the legal process to ensure that you are in the best position to secure the maximum compensation possible.
Contact us today to schedule your free initial consultation to discuss your case.