Legal Question in Traffic Law in New Mexico

50% at fault

I was in a car accident when a young lady went into my lane and hit me. I have no witnesses and the citation was given to her for careless driving, but her insurance claims that we are both at fault since this young lady is claiming that I was in her lane. The offered to pay only $2,500.00 for everything. My attorney is of no help and I need some advice, what should I do?

Please help!!!!


Asked on 10/23/02, 6:17 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: 50% at fault

Did you run an ad requesting contact from any witnesses? If you have none, you have a difficult situation, what we call in the trade a "he-said, she-said." It is VERY difficult to win a lawsuit or settle a claim when it is one person's word against that of the other. We suspect your lawyer is willing to help in any he can, but he's not a miracle-worker. He can't manufacturer witnesses if there are none.

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Answered on 10/23/02, 8:55 pm


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