Being wrongly accused of causing a car accident can be a stressful and frustrating experience. It is important to know that you have rights and options to contest the accusation. Here’s what you should do and know if you find yourself in this situation.
Steps To Take
Take the following steps to protect your rights and defend your innocence:
Remain Calm and Composed
At the accident scene, stay calm and composed. Avoid getting into arguments or admitting fault, even if pressured to do so.
Document the Scene
Gather evidence by taking photographs or videos of the accident scene. Capture any visible damage, road conditions, traffic signs, and the positions of vehicles. This visual evidence can be crucial.
Provide your contact and insurance information to the other parties involved. Obtain their information in return. Collect witness statements if possible.
Avoid Admitting Fault
Resist the urge to admit fault, even if you feel pressured to do so. It’s best to let the authorities and insurance companies determine liability based on evidence.
Notify the Police
A police report detailing the accident is critical as it is an objective account of the incident and can be crucial in the insurer’s determination of fault.
Seek Medical Attention
Even if you don’t feel injured, seek medical attention as soon as you leave the scene. Some injuries may not be immediately apparent, and having a medical record can be crucial for your case.
Notify Your Insurance Company
Report the collision to your insurer. Provide them with a truthful and detailed account of the incident. Your insurer will conduct its own investigation.
Consult an Attorney
Seek legal advice from an experienced Albuquerque Car Accident Lawyer. They can guide you on the best course of action and protect your rights throughout the process. They will help you gather evidence that supports your version of events. This can include witness statements, photographs, traffic camera footage, and any other relevant documentation.
Your attorney can negotiate with the other parties insurance companies on your behalf. They will present the evidence supporting your innocence and work towards a fair resolution.
Prepare for Legal Proceedings
If a resolution cannot be reached through negotiation, your attorney will prepare your case for trial. They will guide you through the process of filing a lawsuit to defend your innocence. In court, your attorney will present evidence and arguments demonstrating that you were wrongly accused of causing the accident. The judge or jury will make a determination based on the presented evidence.
Having a skilled attorney by your side can significantly improve your chances of successfully contesting the accusation and ensuring that your rights are protected throughout the process.
New Mexico’s Pure Comparative Negligence Law
Pure comparative negligence is a legal principle used in New Mexico to determine liability in car accident cases. It means that each party involved in the collision is assigned a percentage of fault based on their actions. In the context of your car accident case, if another driver wrongly accuses you of being at fault, the principle of pure comparative negligence would come into play. This means that even if you are found partially at fault, you may still be entitled to recover compensation. The amount you receive would be reduced by the percentage of fault assigned to you. For example, if you were found 20% at fault, you would be able to recover 80% of your award. This principle allows for a fairer assessment of liability in cases where multiple parties may have contributed to an accident.
Speak To an Attorney Today
Being wrongly accused of causing a car accident can be a complex and emotionally draining experience. Having a skilled Albuquerque Car Accident Lawyer by your side can significantly improve your chances of a favorable outcome.
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