The expensive mistake is believing the first fault story is final.

From the insurance company's perspective, they will try to say your dad caused the crash by overcorrecting, not the deer, not the road, and not the other driver. If he crossed a lane, spun out, or hit a delivery truck after jerking the wheel, they may argue he failed to keep control of the vehicle. On roads west of Albuquerque toward Gallup, especially on I-40 in fall and early winter, insurers also lean on wind, dust, black ice, and low visibility to say a "reasonable driver" should have slowed sooner.

That matters because New Mexico uses pure comparative negligence. If they convince everyone your dad was 60% at fault, he can still recover money, but only 40% of his damages. That reduction is where people on Medicare or fixed Social Security income get hurt financially.

Reality: swerving for a deer does not automatically make your dad legally responsible. Fault in New Mexico is decided from the full picture:

• the police crash report from APD, Bernalillo County Sheriff, or New Mexico State Police
• skid marks, vehicle damage, dashcam or traffic footage
• witness statements
• road and weather conditions
• whether the other driver was speeding, distracted, following too closely, or impaired

If a truck driver hit him because they were going too fast for conditions, that driver can still carry part of the blame even if your dad reacted badly. If the roadway was icy and the truck was not under control, shared fault may apply.

New Mexico drivers must report a crash involving injury, death, or apparent property damage of $500 or more. The general deadline to file a lawsuit for most car crash injuries is 3 years. Those deadlines matter if the insurer keeps pushing the "your dad caused it" line while medical bills pile up.