Pedestrian Accident Claims in New Mexico
When drivers in New Mexico must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where traffic-control signals are not in place or not working, a driver must yield, slowing or stopping if needed, to a pedestrian who is in a crosswalk, and may not pass a vehicle stopped at a crosswalk for a pedestrian; NMSA 1978, §§ 66-7-334, 66-7-335
| Pedestrian right-of-way | Where traffic-control signals are not in place or not working, a driver must yield, slowing or stopping if needed, to a pedestrian who is in a crosswalk, and may not pass a vehicle stopped at a crosswalk for a pedestrian; pedestrians may not suddenly step into the path of a vehicle too close to yield. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. Violations are penalty assessment misdemeanors. Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page. Source: NMSA 1978, §§ 66-7-334, 66-7-335 |
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| Fault rule (comparative negligence) | New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations. Re-verified 2026-10-27. Source: NMSA 1978, § 41-3A-1 |
| Minimum car insurance | No owner may allow, and no person may drive, an uninsured vehicle on New Mexico streets or highways. Required evidence of financial responsibility is at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (or a $60,000 bond or cash deposit). Mandatory insurance: https://nmonesource.com/nmos/nmsa-unanno/en/item/18569/index.do Re-verified 2026-10-27. Source: NMSA 1978, §§ 66-5-205, 66-5-208 |
| Deadline to sue for an injury | Three years for an action for an injury to the person. Re-verified 2026-10-27. Source: NMSA 1978, § 37-1-8 |
More New Mexico personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Mexico
- Wrongful Death Lawsuits in New Mexico
- Medical Malpractice Rules in New Mexico
- Car Accident Claims in New Mexico
- Dog Bite Liability in New Mexico
- Slip, Trip and Fall Injuries in New Mexico
- Sidewalk and Public Property Falls in New Mexico
- Motorcycle Accident Claims in New Mexico
- Bicycle Accident Claims in New Mexico
- Uber and Lyft Accident Claims in New Mexico
- Truck Accident Claims in New Mexico
- Construction Site Injuries in New Mexico
- All New Mexico personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in New Mexico?
Where traffic-control signals are not in place or not working, a driver must yield, slowing or stopping if needed, to a pedestrian who is in a crosswalk, and may not pass a vehicle stopped at a crosswalk for a pedestrian; pedestrians may not suddenly step into the path of a vehicle too close to yield. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. Violations are penalty assessment misdemeanors.
Can you recover damages if you were partly at fault in New Mexico?
New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.
What is the minimum car insurance required in New Mexico?
No owner may allow, and no person may drive, an uninsured vehicle on New Mexico streets or highways. Required evidence of financial responsibility is at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (or a $60,000 bond or cash deposit).
What is the statute of limitations for personal injury in New Mexico?
Three years for an action for an injury to the person.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.