A single vehicle rollover accident outside of Albuquerque, New Mexico has resulted in the death of one man. Remarkably, there appears to be no witnessed the accident as it was discovered by a Bernalillo County Sheriff’s officer on a routine patrol. Upon arriving at the scene, the deputy noticed that both occupants, a man and a woman and had been ejected from the vehicle, a Jeep Cherokee.
Thus far, authorities believe that the woman was driving while the man, now deceased, was a passenger in the Albuquerque area car accident. According to the investigation, it appears that neither accident victim was wearing a seatbelt as both were ejected from the vehicle. One of the unique issues presented by the accident is whether the use, or lack thereof, of a seatbelt can affect recovery in New Mexico accidents.
Regarding this issue, New Mexico law seems to suggest that the failure to use a seatbelt is not admissible as evidence of comparative fault in New Mexico accidents. Comparative fault would suggest that the injured passenger is partially responsible for his or her injury as a result of failing to wear a seatbelt. The investigation has also led authorities to believe that the woman was drinking while driving and they have been intoxicated. As is often times the case in such accidents, the driver’s injuries are reported as minor.
