What happens if I am found partially at fault in a construction accident case?
In New Mexico, if you are found to be partially at fault in a construction accident case, you may still be able to recover damages from the other person or persons who were involved. This is because New Mexico follows the legal principle of "comparative negligence." Under this principle, a person who is partially at fault for an accident may still be able to recover damages for their losses, as long as their fault is not greater than the total fault of all the other parties involved in the accident. For example, if the other party in the accident was 80% at fault and you were 20% at fault, you may still be able to recover damages, though the amount of damages may be reduced by the degree to which your fault contributed to the accident. In this case, you may receive 80% of the damages you would have been entitled to if the other party had been solely responsible for the accident. This is because the damages will be reduced by your 20% share of the liability. It is important to note that in some situations, you may still be able to recover damages even if you are found to be more than 50% at fault for the accident. This is known as "modified comparative negligence" and the amount of damages you may receive will be reduced to reflect your degree of fault. In any case, it is important to speak to a lawyer if you have been involved in a construction accident in New Mexico. A lawyer can help you determine what your rights are and whether you may be entitled to recover any compensation for your losses.
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