All Laws Decoded

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-wayWhere 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.
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.
Minimum car insuranceNo 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.
Deadline to sue for an injuryThree years for an action for an injury to the person.
Re-verified 2026-10-27.

More New Mexico personal injury & wrongful death

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.