New Mexico Hit-and-Run Laws

Millions of vehicle accidents occur in the United States each year. According to the Insurance Institute for Highway Safety (IIHS), there were 42,514 deaths as a result of motor vehicle crashes in the United States in 2022.

Further, many people choose to flee the scene of an accident, classifying the crash as a hit-and-run. Drivers who flee the scene of an accident commit a felony or misdemeanor that can result in fines or jail sentences.

Although numerous accidents occur in New Mexico, the situation becomes especially complicated when a party flees the scene.

Therefore, you should work with a trusted car accident attorney in New Mexico to learn how to protect your rights as a hit-and-run victim.

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Here’s what you need to know.

What Is a Hit-and-Run?

A hit-and-run occurs when at least one person involved in the crash flees the scene before offering any or sufficient information. Some accidents become hit-and-run crashes when the party involved fails to report it.

Like in all other crashes, victims endure severe injuries, property damage, and reduced quality of life. Having someone flee the scene worsens the impact of hit-and-run crashes, however, as victims might encounter challenges pursuing compensation for their losses.

Hit-and-run accidents, which are criminal violations, also create an additional burden for law enforcement officers attempting to trace the liable party.

Hit-and-Run Charges and Conviction Penalties in New Mexico

In compliance with New Mexico Statutes, a driver must do the following to avoid a hit-and-run charge:

• Stop your car at the accident scene or as close as possible.
• Offer reasonable assistance to the injured victims.
• Provide your name, insurance company, insurance policy number, address, and vehicle license number to the other party involved in the crash.

You must do the following after crashing with an unoccupied vehicle:

• Stop your car at the scene of the accident.
• Locate the vehicle or property owner or leave a written notice providing your name and contact information.

A hit-and-ran is a crime with penalties depending on the nature of the crash as follows:

• Property Damage Only: Property damage is a misdemeanor charge punishable by a fine of $1,000 or a jail term of less than a year.
• Serious bodily injury or death: A hit-and-run crash that results in severe physical harm or death is a fourth-degree felony that can result in a $5,000 fine and up to 3 years in jail.

The Rights of Hit-and-Run Victims

People who are involved in hit-and-run crashes receive less information and investigation support than victims of other violations.

Here are a few rights you should be aware of whenever involved in a crash:

Right to the Other Driver’s Information

New Mexico law requires drivers to exchange information after a crash that causes injury, property damage, or death.

When someone flees the scene, they violate your right to obtain vital information, including their name, address, and insurance information. You have the right to obtain accident-related details from the other party.

If they refuse, take note or capture an image of the vehicle’s license number. Most importantly, report the incident to the law enforcement officer so they can initiate investigations.

Right to Compensation

Drivers have a duty of care to passengers and other road users. They should, therefore, drive safely to minimize the risk of accidents. In case of a crash, an injured victim holds the right to compensation from the at-fault party.

New Mexico applies the pure comparative negligence rule, which means the plaintiff has a right to compensation even if partially at fault for the accident. The plaintiff’s percentage of fault reduces the expected compensation amount.

Right to Legal Representation

You can hire an attorney throughout the insurance claim or while pursuing a personal injury lawsuit. The role of an attorney is to protect your right to compensation by conducting investigations and establishing the at-fault party.

More importantly, an attorney will communicate and negotiate with the at-fault party. Many parties, including the at-fault party’s insurer, don’t like going to court, so they may choose to resolve the dispute through settlement negotiations.

An attorney will create an estimate of your losses, evaluate the merits of all offers, and negotiate for a fair settlement value that matches your losses. Although settlement negotiations take time, your attorney will work hard to obtain a fair outcome.

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What Should I Do if I Experience a Hit-and-run in New Mexico?

A hit-and-run crash results in an especially overwhelming experience compared to other types of crashes. In addition to pain and suffering, victims are confused about who should pay for injury-related losses.

The steps you take after a hit-and-run crash can protect your right to compensation, which is vital for your recovery.

Here’s what you should do:

• Move Yourself and the vehicle to safety: If it is safe, move yourself and the vehicle to the side of the road.
• Call 911: Call 911 to request paramedics if someone is injured.
• Call the police: If the driver responsible for the crash has fled the scene, report the incident to a law enforcement officer. Describe the vehicle, including the license plate number, in order to help trace the culprit.
• Gather information: Although little evidence is available after a hit-and-run, note the available information. Write down the crash’s time, date, and location, including additional details of how the accident occurred. Take images of your injury, property, and vehicle damage.
• Seek medical attention if hurt: A health provider will document your injuries, a record you can rely on to demand a fair settlement value for your losses.
• Notify your insurance provider about the car crash: If the liable party’s insurer doesn’t cover your losses, your provider might cover the losses, so you should have your attorney notify them.
• Get in touch with an experienced car accident attorney.

Injured in a Hit-and-Run Crash? Get in Touch With an Experienced Car Accident Attorney

Although you may be entitled to compensation, you need help to pursue the liable party. An experienced car accident attorney can investigate the facts of the incident and hold the liable party accountable.

Parnall Law Firm has a team of highly experienced attorneys with a proven record of obtaining fair settlement values for injured victims. Contact us online or at (505) 268-6500 for a free consultation.