Determining Fault in a New Mexico Oilfield Accident Case

According to recent studies, the oil and gas industry has the highest rates of severe injury of any workplace in the country. And every time an oilfield employee drives to work, they are all too aware of the fact that there’s a statistically high chance that they will be killed or seriously injured. If you or a loved one has been hurt working in the oilfields in Artesia, New Mexico, you may be wondering about the process for determining fault in a New Mexico oilfield accident case—or simply wondering what to do now. Fortunately, our experts at Carabin Shaw are here to offer you some guidance. Read on to learn how fault is determined after oilfield accidents, how to choose the right New Mexico oilfield injury attorney, and more.

According to our expert Artesia accident lawyers, determining fault after an oilfield accident can be a difficult task. In many workplace accidents, it isn’t immediately clear who is to blame for the accident. What’s more, fault may be distributed among various parties, with some parties being more at fault than others (more on this later).

Determining fault after your accident will require a thorough examination of the details surrounding the accident. Your lawyer will review the details of your case to see if your employer properly followed safety and training protocols, if equipment was properly maintained or repaired, or if your fellow employees were acting recklessly—among many other factors.

Ultimately, a judge or jury will decide who is at fault for the accident, but your Artesia personal injury attorney will be the one who helps you build a case against the party or parties believed to be at-fault. That’s why the first step in determining fault is hiring a New Mexico oilfield injury attorney.

According to our Artesia accident lawyers, third parties that may potentially be held liable for your injuries include:

• Your employer
• Contractors or subcontractors working at the accident site
• The owner of the property where the accident occurred
• The manufacturing company of parts and/or machines that malfunctioned
• Manufacturing companies that made toxic materials found in the workplace
• Coworkers and/or other outside parties who played a role in the accident

What happens if multiple parties are found to be responsible for the accident? Or what if the accident was partially your own fault? In New Mexico, if multiple parties are partially at fault in a workplace accident, then a “comparative negligence” rule applies. That means if you are partially at fault for your accident, your potential damages are reduced by the percentage you are found to be to blame. For example, if your oilfield accident is determined to have been 20 percent your fault and 80 percent the fault of your employer, and your damages are estimated to be $40,000, then you can recover $32,000, or eighty percent, in damages ($40,000 minus $8,000).

The most important factor within your control that will influence the outcome of your case is the attorney you choose. That’s why it’s crucial to hire a lawyer who has extensive experience handling New Mexico oilfield accidents, plenty of positive customer reviews, the resources and staff to take on a major oil company, and a stellar professional reputation.

Here at Carabin Shaw, we meet all these criteria and more. Our lawyers have 200 years of combined legal experience, and we’ve been handling accident claims for more than two decades. We’re passionate about defending the legal rights of victims, and we want to fight for you.

So if you’re ready to speak to an experienced attorney about your oilfield accident case, call our Carabin Shaw office serving Artesia, New Mexico today at 915-779-2301. We offer all new clients a free initial consultation with a lawyer, so you have nothing to lose by speaking with a New Mexico oilfield injury attorney today and finding out how we can help.