Accident Attorney Answers FAQs About Fault in Accident Cases


The issue of fault in accident-related legal cases can be a confusing subject. Proving who is liable tends to be complex, and there are different types and degrees of fault the courts can recognize. To help provide some clarity on the matter, accident attorney Frank Balderrama of Balderrama Law Firm in Carlsbad, NM, answers frequently asked questions below.

Top 4 FAQs About Fault in Accident Cases

How Do I Prove Fault in an Accident Case?

If you’re dealing with an insurer, the burden of proof is often lower than it would be in a courtroom. You need to have a compelling, logical argument, and the insurer will use this to determine if you were to blame in any way for the accident in question. If you’re dealing with a legal case, more precise types of evidence will likely be necessary to establish fault. For example, eyewitness testimonies and photos from the accident scene can help considerably.

Can I Be Found Partly at Fault for an Accident?

accident attorneyNew Mexico is a comparative negligence state which means that, in a legal case, a judge or jury could determine that you contributed in some way to the circumstances that caused the accident. You can still recoup damages, but they will be reduced with a comparative negligence ruling.

Is Negligent Behavior Enough Grounds to be Found Legally at Fault?

Legally speaking, negligence is defined as any reckless or careless behavior that results in an accident. If your incident was caused by someone else’s negligence, that party could be liable for your damages.

Can I Seek Compensation if an Existing Health Condition Contributed to the Accident?

In most cases, you can still recover compensation if you have a pre-existing health condition. If, for example, you walk with a cane, and you fell on a slippery floor in a restaurant, you can still file a lawsuit and seek compensation for any additional injuries sustained. While issues with walking may have played a role in the accident, the restaurant did not fulfill their unspoken obligation to provide a safe environment for the general public.

To better understand the role of fault in your particular case, trust the skilled and experienced accident attorney at Balderrama Law Firm. From wrongful death cases to car and motorcycle accidents, Attorney Balderrama is here to look out for your best interests. Call (575) 234-1111, visit his firm’s website, or connect with him on Facebook or Google+ to schedule an appointment for a free case evaluation with an accident attorney today.


(505) 900-3834


(575) 433-2384


7401 Hancock Ct. NE, Suite B
Albuquerque, NM 87109


(575) 234-1111


(575) 885-6788


706 N. Canal Street Carlsbad, NM 88220