Slate’s Law Blog

What Happens When Both Drivers Were Drunk?

New Mexico’s comparative negligence laws can be a relief or a source of frustration. If the accident caused property damage only, and the other person’s car got the worst of it, then it will come as a relief that the insurance companies determined that the accident was only partially your fault. Therefore, your premiums will increase, but not as much as they would have if you had been entirely at fault for the accident. Conversely, if your car sustained serious damage in the accident or if you got injured, then comparative negligence laws are cold comfort. 

Yes, the at-fault driver’s insurance company will compensate you for your accident-related losses, but since the accident was not entirely the other driver’s fault, the insurance company will not reimburse you for the full amount. If one of the drivers involved in the accident was drunk, then it is almost inevitable that the drunk driver will bear all of the liability for the accident, unless the other driver also made an egregious error, such as running a stop sign. If you got injured in a car accident where at least one of the drivers involved was under the influence of alcohol, contact a Santa Fe motor vehicle accidents and car accidents lawyer.

Five People Injured When Two Cars Driven by Drunk Drivers Collide

Early one Sunday morning in June 2025, a gray Chrysler 300 struck a black Chevrolet Trailblazer near the intersection of Rufina Street and Richards Avenue in Santa Fe. All five occupants of the vehicles, the three people in the Chrysler and the two people in the Trailblazer, suffered injuries that were serious enough to require transport to the hospital, but none of the injuries were life-threatening.

Police did not release the names of the people involved in the accident or provide any updates about the condition of the injured drivers and passengers. The Santa Fe New Mexican news website reported that police suspect that the drivers of both vehicles were under the influence of alcohol or drugs. It did not say whether the drivers had taken breathalyzer tests and if they did, what the results were; in New Mexico, charges of driving while intoxicated (DWI) apply if the driver’s blood alcohol content (BAC) is at least 0.08%. Field tests for cannabis use exist, but they are not as specific as the alcohol tests in telling how much of the substance the driver consumed and how recently he or she consumed it. The Santa Fe New Mexican site also did not say whether the police had arrested anyone in connection with the accident; if they had found drugs in the vehicles, or if the breathalyzer tests came back with a BAC above 0.08%, they most likely would have arrested the drivers.

Contact Slate Stern About Personal Injury Lawsuits

Slate Stern is a personal injury lawyer who represents plaintiffs injured in car accidents where alcohol or drugs were a factor.  Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.

Sources

https://www.santafenewmexican.com/news/local_news/police-suspect-both-drivers-were-intoxicated-in-santa-fe-crash-early-sunday/article_33479807-bac5-4179-8660-c17939b4922e.html

Photo by Greg Rosenke on Unsplash