Take a look at actual New Mexico side-impact accident payouts. See settlements and awards for cases similar to yours.

Side-impact collisions account for about 14 percent of all New Mexico traffic accidents each year.¹

The average settlement for a moderate side-impact collision in New Mexico is $51,000. The payouts in our sample range from $1,500 for minor soft tissue injuries to $750,000 for significant brain injuries.

Average Payouts for New Mexico Side-Impact Collisions

These averages are derived from personal injury cases filed in New Mexico courts caused by side-impact collisions. The group does not include wrongful death cases.

Average Payout by Severity of Injury
Minor Injury	$6,822
Moderate Injury	$51,000
Severe Injury	$345,500
Payout Range by Type of Injury
Neck and Back Injuries	$6,500 - $270,000
Head Injuries	$11,931 - $750,000

Factors Affecting New Mexico Accident Payouts

Because New Mexico is an at-fault or “tort” state, injured victims have the right to file a lawsuit against the at-fault driver, or file a claim with the driver’s liability carrier. Car accident victims in New Mexico are not required to use their own insurance for injury claims, as they would in a no-fault state.

Other factors that influence injury payouts in New Mexico include:

• Injury Severity – The payout for permanent or disabling injuries is much higher than for a mild to moderate injury that will heal without complications.
• Shared Fault – New Mexico is a pure comparative negligence state. Victims can pursue an injury claim against the other party even when mostly to blame for their injuries. The final payout will be reduced according to their percentage of fault.
• Auto Policy Limits – New Mexico driver responsibility laws require auto insurance coverage of at least $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 compensation for serious injuries.
• Uninsured Motorist Coverage – New Mexico requires auto insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits. The policyholder can decline this coverage. Without it, there may be no compensation available for injuries caused by a hit-and-run, or by a driver with little or no insurance.
• Multiple Claimants – The at-fault driver’s liability coverage may not be enough to go around when two or more victims are seriously injured.
• Venue and Jurisdiction – The at-fault driver’s insurance company may offer a larger settlement to keep your injury case away from a New Mexico court with a history of sympathetic juries.
• Punitive Damages: While New Mexico does not cap punitive damage awards, these damages are only awarded when a jury determines the at-fault party was egregiously or maliciously negligent.

Minor Injury Case Examples

Minor injuries from a side-impact collision can include soft-tissue bumps, scrapes, or sprains. Victims will need little medical care after the initial evaluation after the crash. Minor injuries should heal completely within a few weeks, and the victim will only miss a few days of work.

Motorcyclist Shares Fault for Side-Impact Collision

Type of Injury: Soft tissue injuries to both knees; traumatic injury to shoulder; Generalized aches and pains
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

Low-Speed Side-Impact Accident Injuries Disputed

Type of Injury: Soft tissue neck and upper back injuries.
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 Influenced by Side-Impact Crash Victim’s Prior History

Type of Injury: Soft tissue neck and back injuries; cervical strain; contusion to right shoulder; arm pain and loss of upper body strength
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

Passenger Injured in Side-Impact Crash Caused by Two Drivers

Type of Injury: Closed Head Injury; Back injury-disc desiccation at L5-S1
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 take longer to heal and may keep the victim out of work for several weeks or months. Moderate injuries can include concussions, extensive soft-tissue injuries, simple fractures, herniated or bulging discs, and other injuries that may have residual effects.

Witness Testifies for Side-Impact Crash Victim at Trial

Type of Injury: Back injury-herniated disc at L5-L6; Soft tissue neck injuries; dental bridge displacement and loss of four front teeth.
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 Awards Passenger Injured in Side-Impact Collision

Type of Injury: Herniated disc at C5-C6 in neck; herniations at T11-T12 and T12-L1 in back
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

Beer Drinking Driver Caused Side-Impact Collision

Type of Injury: Exacerbation of neck and lower back problems
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 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

Severe Injury Case Examples

Severe side-impact injuries may be life-threatening. The vehicle occupant on the side that takes the hit is particularly vulnerable to severe injuries. Brain and spinal cord injuries, complicated or multiple fractures, and internal injuries are examples of severe accident injuries. Victims may be unable to resume their former occupation.

Disabled Side-Impact Crash Victim Settles with Truck Driver

Type of Injury: Closed head injury; loss of use of left hand and left foot.
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

Side-Impact Crash From At-Fault Driver Backing Up

Type of Injury: Chronic neck and thoracic (back) strain; headaches; myofascial syndrome.
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

Speeding Driver At-Fault for Side-Impact Collision

Type of Injury: Soft tissue back injury; Knee injury
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

Side-Impact Crash Caused by Unattended Rolling Vehicle

Type of Injury: Closed Head Injury; headaches; double vision and diminution in hearing
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

Averages and ranges are from actual New Mexico side-impact cases that we compiled and analyzed. Our group does not include wrongful death cases, or cases that failed to result in a payout to the injured party.

Average settlements are calculated by adding the total payout in a group, then dividing by the number of cases in the group.