Corinne Holt | Jul 01 2025 21:00
Rear-End, T-Bone, and Sideswipe: Who’s at Fault in NM?
Why this guide matters-and how Holt Law helps
After a crash, you're left with more than a damaged vehicle. There are doctor visits, time off work, and a maze of insurance questions-especially about who's at fault. At Holt Law, we help New Mexicans injured in rear-end, T-bone, and sideswipe collisions prove liability, navigate insurance, and pursue full compensation. This plain-English guide explains how New Mexico fault rules work, what evidence matters most, and the steps to protect your claim.
Fault, negligence, and New Mexico's comparative negligence rule
Fault (liability) means a driver failed to use reasonable care and caused a crash. In New Mexico, courts assign percentages of fault to everyone involved; you can still recover compensation even if you share some of the blame. This is called pure comparative negligence(e.g., if you're 20% at fault, you can still collect 80% of your damages).
Two traffic rules frequently affect fault assessments:
- Following too closely: Drivers must leave enough distance to stop safely-often central in rear-end cases.
- Left-turn right-of-way: A driver turning left must yield to oncoming traffic that poses an immediate hazard-key in many T-bones.
- Lane discipline: When a roadway has multiple lanes, drivers must stay in a single lane and only change lanes when safe-often decisive in sideswipes.
New Mexico generally imposes several liability, meaning each at-fault defendant is responsible only for their percentage share-an important factor when more than one driver contributed to the crash.
Why fault matters to you (financial, legal, and personal)
- Financial recovery: Fault allocation directly affects how much you can recover for medical bills, lost wages, vehicle damage, and pain and suffering.
- Insurance leverage: The clearer your liability evidence, the harder it is for insurers to delay or lowball.
- Time limits: Most New Mexico injury claims must be filed within three years of the crash-don't let deadlines erase your rights.
How fault is typically evaluated-by collision type
Rear-end collisions
Common pattern:
The trailing driver impacts the vehicle ahead.
Typical fault analysis:
Investigators look at following distance, speed, distraction, and sudden stops. New Mexico's "following too closely" rule often favors the lead vehicle-but a truly unexpected, unsafe stop
or a non-functioning brake light can complicate liability.
T-bone (side-impact) collisions
Common pattern:
One vehicle strikes the side of another, often in intersections.
Typical fault analysis:
Priority turns on right-of-way rules, signal phases, and left-turn yielding
duties. If a left-turning driver fails to yield to an oncoming vehicle that's too close, that driver is often at fault. Red-light running or stop-sign violations by the striking driver can flip that analysis.
Sideswipe collisions
Common pattern:
Vehicles traveling in the same direction make contact along their sides, usually during lane changes or merges.
Typical fault analysis:
Who moved lanes, failed to keep a proper lookout, or drifted from their lane? New Mexico's laned-roadway rule requires staying in your lane and only changing when safe, making careless lane changes a frequent fault driver.
Important: No rule creates "automatic" fault. Police reports, witness accounts, video, and vehicle data decide close cases-especially where both drivers share blame. New Mexico's pure comparative system divides responsibility accordingly.
Step-by-step: What to do after a crash in New Mexico
- Call 911 and get medical care. Your health-and a dated medical record-come first.
- Photograph everything. Vehicles, damage angles, skid marks, debris, traffic signals, and road conditions.
- Identify witnesses and cameras. Get names/phones; note nearby businesses, buses, or intersections that may have video.
- Exchange and verify information. Driver's license, plates, insurance, and VIN if possible.
- Note traffic context. Lane positions, turn signals used, signal phases, and whether a left turn or sudden stop occurred.
- Request the police report number. Follow up to obtain it; errors can be corrected with evidence.
- See a doctor-again. Many injuries (concussions, soft-tissue, spine) surface days later.
- Call Holt Law before recorded statements. Insurers may push for statements that minimize your claim; we protect your rights.
Evidence that proves fault (and wins cases)
- Crash scene mapping(photos, measurements) showing lane positions and impact points-powerful in sideswipes and T-bones.
- Traffic-law violations(following too closely, unsafe left turns, improper lane change) documented by citations or witness testimony.
- Video from traffic cams, businesses, dashcams, or buses-often decisive on light phases or lane changes.
- ECM/EDR ("black box") data for speed, braking, and throttle-essential in high-impact crashes.
- Vehicle damage patterns confirming who moved where (e.g., front-to-rear crush for rear-end; side intrusion for T-bone; longitudinal scraping for sideswipe).
- Medical records connecting injuries to crash forces and timing.
- Phone records to evaluate distraction in rear-end cases.
Common New Mexico scenarios (and how fault is assigned)
Rear-end at a red light on Central Ave
Lead driver stops for a red; trailing driver looks down at a text and rear-ends them. Likely fault: trailing driver (following too closely / inattention).
Sudden stop near the "Big I" merge
Lead vehicle slams brakes to avoid debris; trailing driver hits them. Analysis: trailing driver still has a duty to maintain distance, but evidence of an abrupt, unforeseeable emergency can reduce trailing driver's percentage of fault. Pure comparative negligence apportions responsibility.
T-bone during a left turn off Coors Blvd
Left-turning driver assumes oncoming car will stop at a yellow; turns and is struck. Likely fault: left-turning driver for failing to yield to an immediate hazard. Signal-phase video can be decisive.
Sideswipe on I-25 lane change
A driver signals and moves left into an occupied lane. Likely fault: the lane-changing driver for not ensuring the lane was clear under the laned-roadway rule.
Multi-vehicle chain reaction on I-40
Car A brakes, Car B stops in time, Car C rear-ends B, pushing B into A. Analysis: Car C often bears primary fault for following too closely; B may be fault-free. Separate insurers may dispute shares; several liability applies.
Problems people run into (and how to avoid them)
1) "You stopped too fast-it's your fault."
Trailing drivers frequently claim a "sudden stop." Solid photos, brake-light proof, and debris or traffic-cam video counter this defense.
2) "Both of you changed lanes."
In sideswipes, each driver may blame the other. Lane-discipline rules, mirror settings, blind-spot checks, and scrape patterns help sort it out.
3) Intersection he-said/she-said.
Without video, left-turn T-bones can devolve into stalemates. We move fast to secure footage and signal timing records before they're overwritten.
4) Multiple at-fault parties.
With several liability, each insurer tries to shrink its percentage. We use reconstruction and expert analysis to pin down accurate allocations.
5) Delay tactics and low offers.
Clear liability evidence is your best leverage; we also document all
damages (future care, lost earning capacity) to defeat lowballing.
6) Deadline mistakes.
Missing the three-year injury deadline (shorter if a government entity is involved) can bar claims. Call early.
How Holt Law builds strong New Mexico car-crash cases
- Liability strategy by crash type. We tailor proof for rear-end (distance/distraction), T-bone (right-of-way/left-turn yield), and sideswipe (lane discipline/merge dynamics).
- Fast evidence preservation. Traffic video can overwrite within days; we send immediate preservation letters and canvas businesses for footage.
- Accident reconstruction & EDR downloads. When needed, we retain experts to quantify speed, braking, and impact angles.
- Medical and damages documentation. We connect diagnoses to crash forces, project future care, and prove wage loss and diminished earning capacity.
- Insurance coordination. We handle liability, UM/UIM, MedPay, and property claims so benefits don't fall through the cracks.
- Trial-ready posture. Several liability often means finger-pointing among insurers; being ready to try the case motivates fair settlements.
Quick reference: Fault signals by collision type
Rear-end:
Tailgating, speed, distraction, weather, brake-light function.
T-bone:
Signal phases, stop-sign compliance, left-turn yield, sight lines, speed.
Sideswipe:
Lane-change safety, blind-spot checks, continuous lane travel, merge behavior.
Frequently asked questions
If I'm partly at fault, should I still call a lawyer?
Yes. Under pure comparative negligence, you can recover reduced damages even if you share fault. The right evidence can minimize your percentage and increase your net recovery.
Do police citations decide my case?
They help, but civil fault is independent. We often win cases with strong evidence even when citations are disputed or absent.
The other driver's insurer keeps calling-what do I say?
Give only basic info and decline recorded statements until you speak with us. Insurers are trained to limit payouts.
How long do I have to file?
Generally three years for injury claims in New Mexico, but don't wait-video and electronic data vanish quickly.
Call Holt Law-get clarity on fault and the compensation you deserve
Whether you were rear-ended at a red light, T-boned in a left-turn dispute, or sideswiped during a lane change, fault can be proven with the right strategy and evidence. Holt Law will investigate quickly, protect your rights under New Mexico law, and pursue the maximum recovery available.
Call (505) 312-5353 or contact us online for a free consultation. No fee unless we win.
Proudly serving Albuquerque, Rio Rancho, Santa Fe, Las Cruces, Farmington, Roswell, Truth or Consequences, and communities across New Mexico.