Explore payouts for a variety of New Mexico vehicle accidents. Look for real car accident cases similar to yours.
Every day in New Mexico, more than 42 people are injured and one is killed in a motor vehicle accident. The New Mexico DOT reports Driver Inattention and Failure to Yield as the leading factors in injury accidents.¹
The average car accident settlement for a moderate injury claim in New Mexico is $49,480. Average payouts range from $6,677 for minor injuries to $324,766 for severe injuries.
Average New Mexico Car Accident Settlement Amounts
We’ve analyzed a group of actual car accident lawsuits filed in New Mexico courts. Each case is a personal injury claim, with injuries ranging from mild soft-tissue injuries to closed-head brain injuries.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $6,677 |
| Moderate Injury | $49,480 |
| Severe Injury | $324,766 |
Payout Range by Type of Accident |
|
| Rear-End Collisions | $1,258 - $550,000 |
| Side-Impact Collisions | $1,500 - $750,000 |
| Head-On Collisions | $5,000 - $200,000 |
Many car accident victims sustain more than one type of physical injury. Jury awards or settlements are intended to compensate the victim for all their damages, not one specific injury.
How Accident Settlements Are Calculated
You can estimate a fair settlement amount for minor to moderate injury claims by adding up economic damages such as medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount for non-economic damages, commonly called pain and suffering.
Severe injuries are high-dollar cases that should be handled by an experienced personal injury attorney. Your attorney may gather expert opinions to support the need for future medical care, the projected loss of income, and an accident reconstructionist.
Factors Affecting Payout Amount
Other factors that influence injury payouts in New Mexico include:
- Injury Severity – Severe injuries, especially injuries resulting in permanent loss of mobility, function, or disfigurement, result in higher payouts than soft-tissue injuries that will quickly heal.
- Shared Fault – New Mexico is a pure comparative negligence state. You can file an injury claim against the other party even if you share up to 99 percent of the responsibility for your injuries. Your final payout will be reduced according to your percentage of fault.
- Auto Policy Limits – New Mexico financial responsibility laws require drivers to carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $10,000 property damage liability. The minimum limit might not be enough to cover significant injuries.
- Uninsured Motorist Coverage – New Mexico requires insurance carriers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits. Drivers with UM and UIM coverage can seek compensation from their own policy for injuries caused by an at-fault driver with no insurance or not enough insurance.
- Multiple Claimants – The per-accident liability limits carried by the at-fault driver may not be enough to go around when two or more victims are seriously injured.
- Venue and Jurisdiction – Insurance companies know about certain New Mexico courts with a history of significant jury awards to car accident victims. The at-fault driver’s insurer may offer a larger settlement to keep your case from going to a jury trial in these courts.
- Punitive Damages: Punitive damages can only be awarded by a New Mexico judge or jury when the at-fault party was egregiously or maliciously negligent. New Mexico has no laws capping the amount of punitive damages.
Frequently Asked Questions
Minor Injury Case Examples
Minor injuries will include general bumps and bruises, soft-tissue sprains and strains, and possibly some minor cuts, scratches, and abrasions. Minor car accident injuries usually heal within a few days or weeks, with only a few days lost from work.
Jury Award for Rear-End Soft-Tissue Injuries
Type of Injury: Soft tissue neck injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $1,258
Case Summary: Plaintiff and defendant were traveling in the same direction. Plaintiff stopped at an intersection to make a right turn. Defendant rear-ended plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue neck injuries from the impact. He claimed $3,711 in medical specials and $880 in lost income. Defendant contended that plaintiff proceeded forward from the stop sign and subsequently stopped for no apparent reason and that plaintiff’s negligence contributed to or was the proximate cause of the accident. Jury found that Defendant’s sole negligence was a proximate cause of the collision and awarded plaintiff $1,258.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Werner v. Bridgestone, 1:06CV142
Injury Award Reduced for Motorcyclist’s Shared Fault
Type of Injury: Soft tissue injuries to both knees; traumatic injury to shoulder; Generalized aches and pains
Type of Accident: Side-Impact
Award/Settlement Amount: $1,500
Case Summary: Plaintiff was riding a motorcycle north during afternoon rush hour. Defendant was stopped at a stop sign waiting to make a left turn to go south. As a non-party automobile traveling in front of plaintiff’s motorcycle made a right-hand turn, defendant pulled into the roadway and struck plaintiff. Plaintiff claimed generalized aches and pains, soft tissue injuries to both knees, traumatic injury to shoulder resulting in continuing dislocation 10 months later requiring corrective surgery. Defendant contended that plaintiff was contributorily negligent in tailgating the non-party vehicle in front of his motorcycle. Further, when the non-party vehicle turned right, the plaintiff passed it in a crouch position in the wrong lane. Jury found Defendant 70% liable for the accident and Plaintiff 30% liable. The Panel awarded plaintiff $1,500.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Lopez v. Ideal Dairy, LLC, A-1-CA-37712
At-Fault Driver Blames Phantom Vehicle for Head-On Collision
Type of Injury: Shoulder and neck injuries; Back pain
Type of Accident: Head-On
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and defendant were traveling on the route near an intersection. An unidentified motorist collided with defendant’s vehicle or pulled into the path of defendant’s vehicle. Defendant lost control of his vehicle and struck plaintiff’s car head-on. Plaintiff suffered shoulder and neck injuries and back pain. Plaintiff claimed $1,100 in medical specials and approximately $550 in lost income. Defendant contended that a phantom motorist pulled into his lane of travel or collided with his vehicle and that he lost control of his vehicle due to the negligence of the phantom motorist. Case settled for $ 5,000 prior to trial.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Williamson v. Metropolitan Property, 1:15-CV-00958
Case Settled Despite Non-Cooperative At-Fault Driver
Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $6,000
Case Summary: Plaintiff was waiting in line at a drive-in teller when her vehicle was rear-ended by defendant’s vehicle. Plaintiff got out and spoke with the defendant driver, who refused to identify herself. Plaintiff took defendant’s license number and later determined that the wife of the vehicle’s owner was not the female who had struck her. Plaintiff said she suffered soft tissue injuries to neck and back from the impact. Defendant contended that: any injuries plaintiff sustained where the result of an auto accident plaintiff had been involved in earlier that day, where she had rear-ended a vehicle during rush hour traffic; and there was insufficient evidence to prove that the defendant driver had acted intentionally. The case subsequently settled for $6,000.
Location: Sandoval County, New Mexico
Case Name and Docket Number: Tonya v. Wasson, D-101-CV-2013-01762
Jury Verdict for Low-Impact Accident
Type of Injury: Soft tissue neck and upper back injuries.
Type of Accident: Side-Impact
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was traveling on a Roadway, approaching an exit ramp, when defendant struck her vehicle. The impact occurred in plaintiff’s lane of travel. Plaintiff claimed soft tissue neck and upper back injuries. Plaintiff contended that defendant was unfamiliar with the area and that defendant was negligent in failing to pay full time attention to the operation of her vehicle. Defendant contended that the impact was minimal, resulting in minimal property damage and no injuries to the other occupants of both vehicles and that plaintiff missed time from work due to her pregnancies. Defendant further argued that plaintiff was involved in a prior auto accident, which required long-term physical therapy, and a subsequent auto accident. Plaintiff received $6,500 in a Jury verdict.
Location: Rio Arriba County, New Mexico
Case Name and Docket Number: Roybal v. Martinez, CV-2000-02661
Jury Award Impacted by Victim’s Prior Injury History
Type of Injury: Soft tissue neck and back injuries; cervical strain; contusion to right shoulder; arm pain and loss of upper body strength
Type of Accident: Side-Impact
Award/Settlement Amount: $7,400
Case Summary: Plaintiff and defendant were traveling in opposite directions. Defendant attempted to make a left turn and collided with plaintiff’s oncoming vehicle. Following the accident, defendant pled guilty to a charge of failure to yield the right-of-way. Plaintiff claimed soft tissue neck and back injuries, cervical strain, contusion to right shoulder, arm pain and loss of upper body strength. Defendant did not admit liability but did not seriously contest it. He contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff’s chiropractic treatment was excessive. Jury awarded plaintiff $7,400. Per Defendant’s Counsel, evidence of plaintiff’s prior injury in an auto accident and that she had received chiropractic treatments for several months following that collision significantly impacted the outcome.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Noriega v. Martinez, D-202-CV-2015-08038
Award for Soft-Tissue Injuries After Chiropractic Treatment Challenged
Type of Injury: Shoulder injury-Rotator cuff; herniated disc in low back; soft tissue neck injury
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Defendant rear-ended plaintiff’s vehicle. Neither vehicle sustained property damage. Post-accident, plaintiff treated with a chiropractor for headaches, neck pain and low back pain for 1.5 years before presenting to an orthopedist. The orthopedist performed rotator cuff surgery and diagnosed a herniated low back disc. Plaintiff had treated with the chiropractor on six occasions for headaches and neck pain prior to the accident. Defendant contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff did not suffer a serious impairment of a bodily function. Jury awarded plaintiff $10,000. According to defendant’s counsel, the jury compensated plaintiff for her soft tissue injuries only.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Rojas v. Nunez, D-202-CV-2015-08340
Verdict In Favor of Injured Taxi Driver
Type of Injury: Soft tissue injury to right shoulder
Type of Accident: Rear-End
Award/Settlement Amount: $10,500
Case Summary: Plaintiff was operating a taxicab in a westerly direction. A heavy rain was falling. Plaintiff was traveling in the right lane when a police officer holding a flare instructed plaintiff to stop. Defendant struck the vehicle traveling behind plaintiff, who in turn rear-ended plaintiff’s vehicle. Plaintiff suffered soft tissue injury to right shoulder. Plaintiff claimed that defendant was negligent in following too closely and in driving too fast for conditions. Defendant contended that: plaintiff stopped to pick up a fare; defendant made a sudden unsignaled stop; and plaintiff was exaggerating his injuries. Jury returned a plaintiff verdict in the amount of $10,500.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Padilla v. Graham, 202-CV-9809229
Award to Passenger for Injuries Caused by Two At-fault Drivers
Type of Injury: Closed Head Injury; Back injury-disc desiccation at L5-S1
Type of Accident: Side-Impact
Award/Settlement Amount: $11,931
Case Summary: Plaintiff rode in the front seat of a southbound vehicle owned by defendant 1 and operated by defendant 2. A vehicle operated by defendant 3 turned left out of a shopping center parking lot and struck defendant1’s vehicle. Plaintiff claimed she suffered a closed head injury and disc desiccation at L5-S1. Plaintiff claimed defendant3 negligently failed to pay attention, keep a proper lookout or yield the right-of-way. Plaintiff added that defendant2 was traveling at an unsafe speed before the crash. Defendant2 admitted liability but argued that plaintiff’s previous motor vehicle accident caused her injuries and damages. Defendant2 denied responsibility and claimed that defendant3’s negligence caused the collision. The jury allocated 99% of the fault to defendant3 and 1% to defendant2. Jurors set plaintiff’s damages at $11,931.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Baca v. Perrings, D-202-CV-2015-06405
Moderate Injury Case Examples
Moderate car accident injuries include more extensive cuts and bruises, more serious sprains and strains to muscles or ligaments, simple fractures, mild to moderate concussions, and disc injuries. Moderate injuries might keep the victim out of work for weeks or months, depending on the physical requirements of the job.
Jury Award for Multi-Vehicle Rear-End Crash
Type of Injury: Sprained left shoulder
Type of Accident: Rear-End
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was traveling in the left lane of a southbound route. There were three southbound lanes. Defendant1 was driving in the middle lane in a tractor-trailer owned by Defendant 2. Defendant 3 was traveling in the far right lane. She pulled into the middle lane and Defendant1 rear-ended her vehicle, causing her to strike plaintiff’s vehicle. Plaintiff said he sprained his left shoulder and claimed $3,698 in medical specials and $2,880 in lost income. Defendant 3 contended that Defendant1 struck her vehicle, thereby causing the chain of events. Defendant1 and defendant2 contended there was no contact between the truck and defendant3’s vehicle. Jury awarded plaintiff a total of $15,000: $11,000 of which were payable by Defendant 3.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Peshlakai v. Amrest LLC, D-101-CV-201002669
Jury Award to Victim of At-Fault Student Driver
Type of Injury: Soft tissue neck and back injuries; fibromyalgia
Type of Accident: Rear-End
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was stopped in traffic at a red light when defendant rear-ended her automobile. Defendant, a student driver, had changed multiple lanes prior to striking plaintiff’s vehicle. Plaintiff claimed she suffered soft tissue neck and back injuries and permanent fibromyalgia as a direct result of the collision. Defendant contended that: he sneezed, creating a sudden emergency; plaintiff had been involved in a prior accident with similar injuries; and plaintiff’s injuries were not proximately related to the accident. Jury ruled in favor of plaintiff and awarded her $15,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Marcellino v. Denny, 1:15cv55
Witness Testimony Supports Winning Plaintiff’s Version of Accident
Type of Injury: Back injury-herniated disc at L5-L6; Soft tissue neck injuries; dental bridge displacement and loss of four front teeth.
Type of Accident: Side-Impact
Award/Settlement Amount: $21,000
Case Summary: Plaintiff and defendant were driving in the same direction. Defendant swerved to the right, subsequently attempted to make a quick U-turn and struck the front panel on the passenger side of plaintiff’s vehicle. The impact was low speed, resulting in minimal property damage. Plaintiff claimed soft tissue neck injuries, herniated disc at L5-L6 in back, dental bridge displacement and loss of four front teeth. Defendant contended that he looked before making a U-turn and that he did not observe plaintiff’s vehicle prior to impact. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. Jury found for plaintiff and awarded him $21,000. Per plaintiff’s counsel, an independent witness confirmed plaintiff’s version of the accident. The Court denied plaintiff’s Motion for Reconsideration.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Jose v. William, 1:12cv622
Jury Award for Neck Injury Despite Post-Accident Falls
Type of Injury: Neck injury-disc herniation in cervical spine
Severity Rating: Moderate
Award/Settlement Amount: $23,000
Case Summary: Plaintiff was driving in slow-moving rush hour traffic when defendant rear-ended her automobile. Plaintiff claimed she suffered a two-level disc herniation in her cervical spine, and that she fell on four occasions post-accident due to her inability to properly and fully move her neck. Plaintiff further alleged that she had a three-month gap in treatment because treatment was not alleviating her symptoms and that several “normal” exams of her neck post-accident were due to intermittent symptomatology. Defendant contended that: the impact occurred at a slow speed; the subsequent falls were the proximate cause of plaintiff’s injuries; and plaintiff’s injuries fully resolved in three months. Jury awarded plaintiff $23,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Perea v. Conner, 1:13-cv-00697-KG-LAM
Passenger Verdict Against Left-Turning At-Fault Driver
Type of Injury: Herniated disc at C5-C6 in neck; herniations at T11-T12 and T12-L1 in back
Type of Accident: Side-Impact
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was a passenger in a vehicle operated by a non-party. Defendant, who was operating a vehicle owned by co-defendant, was driving in the opposite direction. Defendant attempted to make a left turn at an intersection directly in front of the Plaintiff’s host vehicle, resulting in a collision. The intersection was controlled by a traffic light. Plaintiff said he suffered herniated disc at C5-C6 in neck requiring discectomy and fusion, and herniations at T11-T12 and T12-L1 in back requiring percutaneous discectomies. Defendant contended that the non-party was traveling at an excessive rate of speed and failed to stop for a red traffic signal and that the non-party’s negligence was the sole proximate cause of the collision. Jury found for plaintiff and awarded him $45,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Garrett v. Sterschic, JR, D-1329-CV-0686
Passenger Award for Injuries Caused By Teen with Learner’s Permit
Type of Injury: Fractured vertebra in back; Others-ruptured diaphragm and other internal injuries
Severity Rating: Moderate
Type of Accident: Head-On
Award/Settlement Amount: $60,000
Case Summary: Plaintiff, a 16-year-old boy, was a passenger in an automobile with five other teenagers, including defendant driver. Defendant only had a learner’s permit and had taken her parents’ vehicle without their permission. As the vehicle traveled on a winding, narrow road, defendant lost control, crossed the center, and struck another vehicle head-on. Plaintiff claimed he suffered a fractured vertebra in back requiring spinal fusion and insertion of a rod to stabilize the fracture, a ruptured diaphragm, and other internal injuries. Plaintiff claimed $20,000 in medical specials and no lost income. Defendant contended that plaintiff assumed the risk of injury in driving with an inexperienced driver with a learner’s permit. Jury awarded plaintiff $60,000 in compensatory damages.
Location: Cibola County, New Mexico
Case Name and Docket Number: Jacobsen v. Bassam, CV 2004-156
Stroller Causes Rear-End Crash, Two Drivers Liable for Victim’s Injuries
Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Rear-End
Award/Settlement Amount: $63,800
Case Summary: Defendant1 was hauling a baby stroller on the top of her vehicle. The stroller fell off the top of the vehicle. One portion struck the front of plaintiff’s automobile, which was following Defendant and then fell under plaintiff’s front wheels. Plaintiff stopped and Defendant 2, who was following plaintiff struck her vehicle. Plaintiff said she suffered soft tissue injuries to neck and back resulting in hip discomfort when walking and standing. Defendant1 contended that plaintiff was contributorily negligent in following too closely and in failing to maintain proper control of her vehicle and that plaintiff’s injuries were proximately caused by Defendant2’s negligence in rear-ending her vehicle. Jury found both defendants were at fault for the wreck and awarded plaintiff $63,800: $36,300 against Defendant1; $27,500 against Defendant 2.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Pena v. Hawes, Jr, 12-cv-00622
Plaintiff Wins Injury Award for Rainy Rear-End Crash
Type of Injury: Neck and back strain; headaches; dizziness
Type of Accident: Rear-End
Award/Settlement Amount: $70,000
Case Summary: Defendant rear-ended the vehicle in which plaintiff was a passenger. Plaintiff’s host vehicle was stopped at a traffic light prior to the crash. Plaintiff said he suffered neck and back strain, headaches, and dizziness. He claimed $21,393 in medical specials and $2,212 in lost income. Defendant contended that he intended to move from the left lane to the right lane as he approached the intersection and that a vehicle which approached very quickly alongside of him prevented him from changing lanes. Defendant further contended that it was raining at the time of the accident and that he was unable to stop due to the slick roadway. Jury found in favor of plaintiff.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Brooke v. Al-Homsi , 1:15-cv-01009-PJK-KBM
Verdict in Favor of Victim Injured by Negligent Beer Drinking Driver
Type of Injury: Exacerbation of neck and lower back problems
Type of Accident: Side-Impact
Award/Settlement Amount: $87,000
Case Summary: Defendant had consumed three beers at home and then went to a restaurant and had a 14 oz. beer. As he was returning home, he made an illegal left turn at an intersection and struck the plaintiff’s vehicle with his van. Both drivers were taken to the hospital. The defendant was not charged with drunk driving. Plaintiff claimed she suffered an exacerbation of neck and lower back problems. She claimed medical expenses of $3,000 past and $10,000 future and lost income of $4,000 – $5,000. Defendant contended that plaintiff’s injuries were not caused by the accident, but by her back surgery 18 years prior to this accident. Jury returned a plaintiff verdict.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Morris v. Giant Four Corners, Inc., 1:15-CV-00055
Driver Hits Teen in Dark Clothes Crossing Street at Night
Type of Injury: Fractured left leg and fractured humerus in elbow
Type of Accident: Pedestrian
Award/Settlement Amount: $95,000
Case Summary: Plaintiff pedestrian, a 14-year-old girl, was crossing a Road after dark when she was struck by a vehicle operated by defendant. The accident occured in a residential area where the Roadway has four lanes of travel. Plaintiff was wearing dark clothing at the time of the accident. Plaintiff suffered a fractured left leg and fractured humerus in elbow. Plaintiff contended that she looked in both directions before crossing the street and that she did not observe defendant’s vehicle because her headlights were not activated. Defendant contended that: she was driving slowly with her headlights activated; plaintiff was contributorily negligent in stepping into the path of her vehicle; and the accident was unavoidable. The case subsequently settled for $95,000.
Location: Cibola County, New Mexico
Case Name and Docket Number: Pavlinski v. Weaver, CV 2007-235
Severe Injury Case Examples
Victims of severe car accidents may suffer multiple injuries and may be left with permanent impairment and disfigurement. Severe injuries can include brain injuries, spinal cord damage, internal injuries, and complicated fractures. Victims may be unable to work for an extended period of time, and some will no longer be able to return to gainful employment.
Head-On Injury Case Settled with Sleeping At-Fault Driver
Type of Injury: Facial fractures; abdominal bruising; cut on knee
Type of Accident: Head-On
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was traveling east. Defendant was driving his vehicle in the opposite direction. Defendant crossed a double yellow line to pass a van in front of him and struck plaintiff’s vehicle head-on. Plaintiff said he suffered facial fractures, abdominal bruising and cut on knee. He claimed medical specials of $40,519 and lost income of $6,465. Defendant contended that he fell asleep while operating his vehicle and, therefore, he was not negligent. Case subsequently settled for $100,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Randolph v. Bessie, 1:14-CV-00366
Jury Award to Child Pedestrian Injured by Driver Running Red Light
Type of Injury: Simple transverse fracture of right tibia (leg) and right fibula and fracture to right ring finger.
Type of Accident: Pedestrian
Award/Settlement Amount: $150,000
Case Summary: Plaintiff, age 10, was walking with her mother near an intersection. Plaintiff and her mother stepped into the crosswalk to cross a Street. Defendant was operating a motor vehicle and struck plaintiff. Plaintiff suffered simple transverse fracture of right tibia (leg) and right fibula and fracture to right ring finger. Plaintiff claimed that she had a green walk light and that defendant was negligent in running a red light. Defendant contended that he had a green light, and that plaintiff was contributorily negligent in crossing on a red light. Jury awarded plaintiff $150,000. Per Counsel, the case was brought under an old no fault statute for pain and suffering only. Court ruled that medical bills were not admissible. However, an independent eye-witness corroborated plaintiff’s version of the accident.
Location: Rio Arriba County, New Mexico
Case Name and Docket Number: Gerry v. Riscuta, RA-98-227
Permanently Injured Victims Settles Case with Truck Driver
Type of Injury: Closed head injury; loss of use of left hand and left foot.
Type of Accident: Side-Impact
Award/Settlement Amount: $180,000
Case Summary: Plaintiff was driving a small pickup truck. Defendant1 was operating an A-frame flatbed truck owned by Defendant 2. One of the vehicles changed lanes and the front of plaintiff’s vehicle collided with defendant’s vehicle. The defendant was issued a ticket for improper lane change. Plaintiff claimed that he suffered a closed head injury and lost the use of his left hand and left foot as a direct result of the accident. Defendants contended that plaintiff was contributorily negligent as the plaintiff improperly changed lanes and that plaintiff’s injuries were not as severe as he alleged. Case subsequently settled for $180,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Martinez v. Tyler, 1:12cv811
Jury Award Despite Allegations of Pre-Existing Condition
Type of Injury: Chronic neck and thoracic (back) strain; headaches; myofascial syndrome.
Type of Accident: Side-Impact
Award/Settlement Amount: $182,000
Case Summary: Defendant struck plaintiff’s automobile while backing up at an intersection. Plaintiff was initially diagnosed with cervical and thoracic strain. She subsequently developed myofascial pain syndrome. Liability was not contested, and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff claimed that her myofascial pain syndrome was proximately related to the accident. Defendant contended that plaintiff was diagnosed with chronic cervical strain six years before this accident and was still treating for this condition until two years prior to the accident. Defendant further contended that plaintiff was taking prescription pain medication for her pre-existing condition at the time of the accident and that plaintiff’s myofascial pain syndrome was not proximately related to the collision. Jury awarded plaintiff $182,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Asbury v. MNT, Inc., 1:12-cv-00252-KG-SMV
Driver Causing Crashes with Two Cars Fully Liable for Victim’s Injuries
Type of Injury: Soft tissue back injury; Knee injury
Type of Accident: Side-Impact
Award/Settlement Amount: $270,000
Case Summary: Plaintiff was stopped at an intersection. Defendants were traveling in opposite directions. Defendant1 turned left into the path of Defendant2’s oncoming vehicle, resulting in a collision. Both vehicles careened into plaintiff’s stopped automobile. Plaintiff claimed soft tissue back strain and knee injury requiring arthroscopic surgery. Plaintiff claimed $40,000 in specials; $18,901 of which was medical. Both defendants contended that the accident was proximately caused by the negligence of the other defendant and that plaintiff was not as severely injured as she alleged. Defendant1 later admitted to accelerating through the intersection. Jury found for Plaintiff against Defendant1 only.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Henderson v. Sanchez, 6:08-cv-00182-MV-KBM
Jury Awards Pedestrian Hit By Driver Who Swerved Off Roadway
Type of Injury: Segmental fracture of left fibula (leg); fibular head fracture of right leg; bilateral meniscus (knee) injuries and ligamentous tear
Type of Accident: Pedestrian
Award/Settlement Amount: $300,000
Case Summary: Plaintiff pedestrian was standing with his back to traffic on the right shoulder of a Roadway. Defendant was on her way to work when her vehicle left the traveled portion of the roadway and struck plaintiff, pinning him against a vehicle which was stopped on the shoulder. Plaintiff suffered segmental fracture of left fibula (leg), fibular head fracture of right leg, bilateral meniscus (knee) injuries and ligamentous tear resulting in disability from employment. Plaintiff claimed $10,712 in medical specials and approximately $100,000 in lost income. Defendant claimed that an unknown motorist forced her vehicle off the road and that the accident was unavoidable. Jury ruled for plaintiff in the amount of $300,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Watson v. Eden, 1:15cv1009
Jury Finds for Injured Plaintiff Against Two Other Drivers
Type of Injury: Bruises to shoulder, arm and legs; lacerated knee; herniated disc in back
Type of Accident: Head-On
Award/Settlement Amount: $300,000
Case Summary: Plaintiff and Defendant1 were traveling in opposite directions. Defendant1 stopped to make a turn and a third party stopped behind Defendant1 without incident. Defendant 2, an employee of Defendant 3, was operating a large truck and he struck the third party’s vehicle which subsequently struck Defendant1’s vehicle, forcing it head-on into plaintiff’s vehicle. Plaintiff said he suffered bruises to shoulder, arm and legs, lacerated knee, and herniated disc in back requiring laminectomy with residual pain and weakness in back. Plaintiff claimed $13,212 in medical specials, $25,000 in past lost income and $121,000 in future lost income. Defendant 2 contended that Defendant1 contributed to the accident. Defendant1 contended that her negligence was not the proximate cause of the accident. Jury found for plaintiff and awarded him $300,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Harshbarger v. Iddins, PB 2001 00262
Carwash Customer Liable for Injuries to Pedestrian Pinned Between Cars
Type of Injury: Exacerbation of pre-existing lumbar (back) spine injury
Type of Accident: Pedestrian
Award/Settlement Amount: $465,661
Case Summary: Plaintiff was removing a car phone antenna from the back of his automobile at a car wash. Defendant, who was behind plaintiff, placed his vehicle in park with the motor running. Defendant was removing trash from under the seat when he lost his balance, grabbed the steering wheel, and put the vehicle into “drive”. The vehicle moved forward and struck plaintiff, pinning him between the two vehicles. Plaintiff claimed exacerbation of pre-existing lumbar (back) spine injury causing severe, constant debilitating pain. Defendant contended that plaintiff was negligent and assumed the risk of injury by standing in a position of potential danger. Jury found in favor of plaintiff, awarding him $332,615 economic loss and $133,046 non-economic loss.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Lopez v. Landstar Inway, Inc., 1:20-cv-00912-RB-JHR
Jury Award to Injured Plaintiff After Defendant Challenges Injuries
Type of Injury: Herniated cervical disc in neck and exacerbation of pre-existing low back herniation.
Severity Rating: Severe
Award/Settlement Amount: $550,000
Case Summary: Plaintiff and Defendant, who was operating a vehicle owned by co-defendant, were traveling in the same direction when Defendant rear-ended plaintiff’s vehicle. Plaintiff had previously undergone surgery for a herniated lumbar disc. Five weeks post-accident, plaintiff was diagnosed with a herniated cervical disc and underwent a cervical laminectomy two years later. Defendants did not admit liability but did not seriously contest it. Defendants contended that: plaintiff’s low back herniation pre-existed the accident as shown by an MRI six months prior to the collision; plaintiff’s herniated cervical disc was not proximately related to the accident; and plaintiff could return to her previous sedentary work position. Jury returned a plaintiff verdict in the amount of $550,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Littleton v. Parson, D-1215-CV-200400235
Jury Award for Crash Injuries Caused by Unattended Rolling Vehicle
Type of Injury: Closed Head Injury; headaches; double vision and diminution in hearing
Type of Accident: Side-Impact
Award/Settlement Amount: $750,000
Case Summary: Defendant, who was operating a vehicle owned by co-defendant, had gotten out of the vehicle at the top of a hill and failed to set the parking brake. The vehicle rolled down the hill striking plaintiff’s vehicle on the front passenger’s side. Plaintiff said he suffered a closed head injury, headaches, double vision, and diminution in hearing. Plaintiff claimed medical specials of $30,000 and lost income of $1,000,000. Defendant did not strongly contest liability but did contend that plaintiff’s back and lower leg injury was not caused by the accident and that plaintiff had made a good recovery and was capable of working. Jury awarded plaintiff $750,000 in total damages.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Thomas v. Akins, CV97-09998
Methodology
We analyzed actual injury lawsuits filed in New Mexico courts arising from motor vehicle accidents. Every case was resolved with an insurance settlement or jury award. This group does not include wrongful death claims or cases that didn’t result in a payout for the plaintiff.
Averages are calculated by adding all the payouts in a group and dividing the total by the number of cases in the group. Final payouts reflect any contributory negligence reduction.
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