Hit by a Drunk Driver This Holiday Season? What New Mexico Victims Should Know
The holidays bring more parties, more travel, and more drivers on New Mexico roads after dark. Unfortunately, they also bring drunk drivers. According to the University of New Mexico’s crash research unit, which compiles the state’s official crash data for NMDOT, New Mexico recorded 2,209 alcohol-involved crashes in 2024, including 164 fatal crashes that took 177 lives.
If you or someone you love is hit by an impaired driver this season, here is what you should know about protecting your health and your right to compensation under New Mexico law.
Steps to Take Right After a Drunk Driving Crash
- Call 911. Report the crash and tell the dispatcher if you suspect the other driver is impaired. A police report and any DWI arrest become important evidence later.
- Get medical care, even if you feel fine. Adrenaline can hide injuries like concussions, whiplash, and internal bleeding. Medical records also document your injuries from day one.
- Document everything you safely can. Take photos of the vehicles, the scene, road conditions, and your injuries. Note anything you observed about the other driver, such as slurred speech, the smell of alcohol, or open containers.
- Get witness names and phone numbers. Independent witnesses can confirm how the crash happened and how the other driver was acting.
- Be careful with insurance adjusters. Do not give a recorded statement or sign anything before you understand your rights. Early settlement offers are often far less than a claim is worth.
Who Can Be Held Responsible?
The impaired driver
A driver who chooses to drive drunk can be held financially responsible for medical bills, lost wages, pain and suffering, and other losses. In New Mexico, a criminal DWI case and a civil injury claim are separate. You do not have to wait for the criminal case to end to pursue compensation, and a driver can be held civilly liable even without a criminal conviction. Because drunk driving can be considered reckless conduct, a jury may also be allowed to award punitive damages in some cases.
The bar or restaurant that over-served
New Mexico’s Liquor Liability Act (NMSA 1978, § 41-11-1) allows injured people to bring claims against a licensed bar, restaurant, or other alcohol seller in certain situations. Generally, the business can be liable if it sold or served alcohol to someone who was intoxicated, the intoxication was reasonably apparent, and the business knew it from the circumstances. Receipts, surveillance video, and witness accounts can be key to proving these claims, and that evidence can disappear quickly.
Social hosts
Party hosts who provide alcohol for free are usually not liable for a guest’s drunk driving. The exception under New Mexico law is when the host provided alcohol recklessly, in disregard of the rights of others.
Deadlines You Cannot Miss
- Most injury claims: New Mexico generally gives you three years from the date of the crash to file a personal injury lawsuit (NMSA 1978, § 37-1-8).
- Wrongful death: Claims for a death caused by a crash generally must be filed within three years of the date of death.
- Claims involving a government vehicle or road: If a city, county, or state employee or roadway was involved, written notice is generally required within 90 days under the New Mexico Tort Claims Act, and the deadline to file suit is generally two years instead of three.
Waiting can also cost you evidence. Bar receipts, video footage, and vehicle data are often deleted or overwritten within weeks.
Have a Safe Holiday Season
Plan a sober ride before the celebration starts, and if you see a driver you believe is impaired, pull over safely and call 911. If you have already been hurt by a drunk driver, you do not have to handle the insurance companies alone.
The Law Offices of Bill Russell represents people injured in car and truck crashes throughout Albuquerque and New Mexico. Call (505) 218-7844 or contact us online to schedule a free consultation.
This article is for general information only and is not legal advice. Every case is different. Reading this post does not create an attorney-client relationship.