New Mexico Car Accident Laws: Your Legal Duty After an Accident

After a car crash in New Mexico, there are certain duties you must fulfill. Learn more about the law and how to avoid legal penalties.

If you find yourself involved in a New Mexico car accident, it’s important for you to understand and fulfill your legal obligations under state law. By knowing these requirements, you can protect yourself from the potential consequences of failing to comply.

On this page, we dive deeper into the specifics of car accident laws in New Mexico. If you want to learn more, you can also read Article 7 of the New Mexico Motor Vehicle Code.

1. New Mexico Driver Exchange of Information Law

New Mexico law requires you to stop immediately and provide identifying information if you are in a motor vehicle accident. The details include your name, address, and vehicle registration number. You must also display your driver’s license if another party requests to see it.

The driver of any vehicle involved in an accident resulting in injury or death  shall immediately stop the vehicle at the scene of the accident and remain at the scene of the accident until he has fulfilled the requirements of Section 66-7-203. Every such stop shall be made without obstructing traffic more than is necessary.

NM Stat § 66-7-201

The driver of any vehicle involved in an accident resulting in injury or death or damage to any vehicle shall give his name, address and the registration number of the vehicle he is driving and shall upon request exhibit his driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with.

NM Stat § 66-7-203

2. New Mexico Car Accident Injury Law: Duty to Render Aid

If you’re in a collision in New Mexico, you must give “reasonable assistance” to anyone who gets hurt.

This duty to render aid includes taking the injured person to the hospital if it’s obvious they need medical attention or if they ask to go. You can also fulfill your responsibilities by arranging another form of transportation, such as calling an ambulance.

The driver of any vehicle involved in an accident shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

NM Stat § 66-7-203

3. New Mexico Law on Reporting a Car Accident to Police

New Mexico law requires you to report any accident that causes injury, death, or at least $500 of property damage. You must immediately notify local authorities of the accident and submit a written report to the New Mexico Department of Transportation within 5 days.

If the driver is incapacitated after a crash, a capable passenger must give the local police immediate notice of the accident. Likewise, if the driver is physically unable to file a written report and someone else owned the vehicle they were driving in the collision, the owner of the vehicle must make the report.

The driver involved in an accident resulting in injury or death or property damage to an apparent extent of $500 or more shall immediately give notice of the accident to the police department if the accident occurs within a municipality; otherwise to the office of the county sheriff or the nearest office of the New Mexico state police.

NM Stat § 66-7-206

The driver of a vehicle involved in an accident resulting in bodily injury or death or total property damage to an apparent extent of $500 or more shall, within five days after the accident, forward a written report of the accident to the department of transportation.

NM Stat § 66-7-207

Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.

Whenever the driver is physically incapable of making a written report of an accident and such driver is not the owner of the vehicle, then the owner of the vehicle shall within five days after learning of the accident make such report not made by the driver.

NM Stat § 66-7-208

What if I Fail to Report an Accident in New Mexico?

If you fail to report an accident in New Mexico, you can be charged with a misdemeanor offense. The maximum penalties for a conviction include a $300 fine and 90 days imprisonment.

It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code unless the violation is declared a felony.

Unless another penalty is specified in the Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than $300 or by imprisonment for not more than ninety days or both.

NM Stat. § 66-8-7

4. New Mexico Car Accidents With No Injuries: Your Legal Duty

According to New Mexico law, if you get into a car crash involving property damage you must stop immediately and exchange information with the other parties. This legal duty still exists if there are no injuries.

The driver of any vehicle involved in an accident resulting only in damage to a vehicle shall immediately stop and remain at the scene until he has fulfilled the requirements of Section 66-7-203. Every such stop shall be made without obstructing traffic more than is necessary.

NM Stat § 66-7-202

The driver of any vehicle involved in an accident resulting in damage to any vehicle shall give his name, address and the registration number of the vehicle he is driving and shall upon request exhibit his driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with.

NM Stat § 66-7-203

5. What if I Hit a Parked Car in New Mexico?

When you hit a parked car in New Mexico, the law requires you to stop at the scene. You must locate the owner of the car you hit and give your name and address, as well as the name and address of the owner of the vehicle you were driving if it doesn’t belong to you. You can also choose to leave a note containing this information and an explanation of the collision.

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and either notify the owner of the name and address of the driver and owner of the vehicle or leave a written notice giving the name and address of the driver and of the owner of the vehicle and a statement of the circumstances thereof.

NM Stat § 66-7-204

Because a car accident can happen at any time in New Mexico, it’s essential you know the actions you must take after a crash. By reviewing the accident laws ahead of time, you can avoid the serious penalties that can result from neglecting your legal duties.