Any time someone is injured in a New Mexico accident, they are entitled to file a negligence claim against any and all parties they feel were responsible for their injuries. However, before an injured party is allowed to recover for their injuries, that party must prove certain elements. One of the most often contested elements in New Mexico auto accident cases is establishing that the defendant breached the duty of care he owed to the plaintiff.
Establishing that a defendant owed the plaintiff a duty of care is usually simple in auto accident cases, since all motorists owe those with whom they share the road a duty to safely operate their motor vehicle. However, proving that the defendant breached that duty can be more complicated, and this is where the bulk of litigation often occurs in car and truck accident cases.
In order to prove that a defendant breached a duty, the plaintiff must be able to show that the defendant’s negligent acts could foreseeably result in the harm ultimately suffered by the plaintiff. In other words, if a defendant’s actions could not foreseeably result in the harm suffered by the plaintiff, the law may not be willing to say that he breached a duty to the plaintiff.