What Is Comparative Negligence?
Comparative negligence is the rule courts use to divide responsibility when more than one party contributed to an accident. Instead of barring your claim because you had some fault, the court assigns each party a percentage of responsibility and adjusts the damages accordingly.
New Mexico’s Pure Comparative Negligence Standard
New Mexico follows pure comparative negligence, established by the Supreme Court of New Mexico in Scott v. Rizzo, 96 N.M. 682 (1981), and codified in court instruction patterns since. Pure comparative negligence means there is no fault threshold that bars recovery. Even if a jury finds you 80% at fault, you can still recover 20% of your total damages from the other party.
This distinguishes New Mexico from «modified» comparative negligence states, where plaintiffs barred at 50% or 51% fault. In New Mexico, the jury simply reduces your award by your percentage of fault—no cutoff.
How It Affects Your Personal Injury Case
Defense attorneys and insurance adjusters routinely argue that the injured party contributed to the accident. In New Mexico, this strategy doesn’t eliminate your claim—it reduces the payout. Evidence matters: speed, phone records, seatbelt use, and road position all become relevant to the fault percentage. Your attorney’s job is to hold your assigned percentage as low as possible while building the defendant’s up.
Example Scenario
Teresa is hit at an Albuquerque intersection. The defense argues she was 20% at fault for not stopping fast enough. The jury agrees and assigns $180,000 in total damages with a 20% reduction—Teresa recovers $144,000. Had this been a 51% bar state and she were found 51% at fault, she would recover nothing. In New Mexico, she still recovers.
Frequently Asked Questions
Can I still recover if I was more than 50% at fault in New Mexico?
Yes. New Mexico’s pure comparative negligence rule means there is no bar based on fault percentage. A finding of 70% fault reduces your damages by 70%—you recover 30% of your total damages. No threshold eliminates your claim entirely.
Who determines fault percentages in a New Mexico PI case?
In a trial, the jury determines fault percentages based on evidence and argument. In pre-suit settlement negotiations, the insurance adjuster proposes a fault allocation to reduce their payment. An attorney negotiates that allocation on your behalf.
Have questions about comparative fault in your case? Call El Gringo Law at (505) 207-5000 for a free case review.
