Navigating New Mexico’s Hit-and-Run Laws

Tips for victims and perpetrators

Traffic accidents are an unfortunate reality of driving in New Mexico, but when the responsible party flees the scene of the accident, the situation becomes even more distressing. 

Also known as a “hit-and-run,” fleeing the scene of an accident is a crime in New Mexico. This article provides an overview of New Mexico’s hit-and-run laws, as well as advice on what to do if you’re involved in a hit-and-run accident. 

Hit-and-run statistics in New Mexico

When the AAA Foundation for Traffic Safety analyzed hit-and-run statistics, it found that New Mexico had the highest number of fatal hit-and-run crashes per 100,000 people in the nation. 

In New Mexico, hit-and-run crashes account for 17 to 19 percent of all crashes each year.

New Mexico hit-and-run statistics
Year	Fatal crash	Injury crash	Property damage only	Total hit-and-run	Total crashes	Percent hit-and-run
2017	22	1,407	6,281	7,710	45,906	16.8%
2018	26	1,498	6,874	8,398	46,786	17.9%
2019	26	1,676	6,641	8,343	48,124	17.3%
2020	30	1,262	5,141	6,433	36,555	17.6%
2021	45	1,472	6,271	7,788	40,769	19.1%
Source: New Mexico Department of Transportation

New Mexico hit-and-run laws

Pursuant to New Mexico Statutes Section 66-7-201, you must do three things following a crash to avoid a hit-and-run charge:

1. Stop your vehicle at the scene of the accident (or as close to the scene as possible),
2. Provide your name, address, insurance company, insurance policy number, and vehicle license number to any person involved in the crash, and
3. Render reasonable assistance to anyone injured.

If you collide with an unoccupied vehicle, you must do the following:

1. Stop your vehicle at the scene of the accident, and
2. Locate the owner of the property or leave a written note providing your name and contact information.

What are the penalties for a hit-and-run in New Mexico?

A hit-and-run is a crime in New Mexico. The penalties you face depend on the nature of the crash:

Hit-and-run penalties in New Mexico
Type of crash	Charge	Jail	Fine
Property-damage only	Misdemeanor	Less than 1 year	$1,000
Serious bodily injury or death	Fourth-degree felony	3 years	$5,000

What should I do if I fled the scene of an accident?

Leaving the site of an accident is unquestionably the incorrect choice. However, people sometimes make mistakes. There are numerous explanations for why one might leave an accident scene, including:

• Panic
• Fear of confronting the victim
• Intoxication
• Fear of the financial or legal consequences
• Failure to realize you hit something

If you flee the scene of an accident, the law requires that you immediately call the nearest police station and report the accident. Doing so might not save you from a hit-and-run conviction, but it’s the right thing to do, and it may result in you receiving a lesser sentence than if law enforcement tracks you down.

How do I recover damages after a hit-and-run accident?

Recovering damages following a hit-and-run accident in New Mexico can be tricky. 

If you have uninsured motorist (UM) coverage, it will typically cover hit-and-run accidents. 

If your damages exceed your UM coverage (or you don’t have UM coverage), you’ll need to file a lawsuit against the hit-and-run driver. Obviously, filing a lawsuit against the hit-and-run driver requires that the police or your attorney are able to track down the driver.

Five FAQs about hit-and-run accidents in New Mexico

Let’s take a look at some questions about hit-and-run accidents that we haven’t addressed yet:

Being informed about your rights and responsibilities on the road can make a big difference when navigating the aftermath of a hit-and-run accident. Reach out to an experienced car accident attorney if you need additional help.