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Hiring a Truck Accident Attorney in New Mexico

You may have many questions when you are involved in a truck accident, we are here to help! We have compiled a list of the most frequently asked questions by truck accident victims in the state of New Mexico.

What Are The Most Common Truck Accident Injuries?

Any number of injuries may occur due to a truck accident. However, many truck accident injuries are immense and life-altering for truck accident victims, from resulting in unmanageable medical bills, to leading to the need for lifelong medical care, and more. Common truck accident injuries cited in personal injury claims include:

  • Wrongful death
  • Bone fractures
  • Burns and lacerations
  • Head and neck injuries
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Paralysis
  • Dismemberment
What Are Some Of The Most Common Causes Of New Mexico Truck Accidents?

A truck accident may result due to truck driver negligence, poor roadway conditions, or for any number of other reasons. Because commercial trucks are so large and heavy, they can and often do lead to devastating accidents. Contributing factors to New Mexico truck accidents include:

  • Driver error or driver negligence
  • Driver fatigue
  • Alcohol or other substance abuse
  • Improper hiring practices by the trucking industry, such as lack of proper background check
  • Failure to properly train truck drivers
  • Improper truck maintenance
  • Jackknifing of the semi-trailer
  • Wedging of a passenger vehicle underneath the semi-truck
  • Speeding
  • Following too closely
  • Unexpected road conditions
  • Dangerous weather conditions
What Are My Legal Options After A Semi-Truck Accident?

After a truck accident, you may be able to file a claim for compensation, known as a personal injury claim. ‘Claims’ generally refer to a claim made through an insurance company for a payout on a policy.

However, if the truck driver’s or trucking company’s negligence contributed to your accident, you may need to pursue a personal injury lawsuit. While similar, injury claims and lawsuits are not the same. Claims make a claim for an insurance payout, while lawsuits pursue liable parties for damages resulting from personal injury or property damage.

Experienced personal injury attorneys can help you determine which avenue is the right legal option for you, identify the liable party or parties, and more.

How Long Do I Have To File A Truck Accident Claim?

The statute of limitations, or the amount of time you have to file a truck accident claim in New Mexico, is three years. This deadline begins on the day of your accident. In some rare cases, the deadline may be extended, such as if you did not discover your injuries until a later date.

Talk to a lawyer to know for sure how long you have to file your claim. While several years seems like adequate time, the claim-filing process can be a lengthy one, and insurance adjusters will do what they can to protect their own interests. This may include holding up your claim as much as possible and for as many reasons as possible to avoid a large payout.

What Laws Apply To 18-Wheeler Accidents And Other Truck Accident Cases?

The statute of limitations is one law which applies to truck accident cases in New Mexico, which tells you how long you have to file your claim. In addition, it may be helpful to know about New Mexico’s consideration of fault.

Each state considers fault in auto accidents differently. Most states assign parties involved in personal injury cases a percentage of fault.

For example, the trucker may be found at 80% fault for your injuries if they were found to be texting while driving at the time of the accident. But, if you were not wearing your seatbelt, you could be assigned 20% fault for your own injuries.

New Mexico follows a pure comparative negligence principle for consideration of fault in auto accidents. This means that you can pursue compensation even if you were up to 99% at fault in the accident, though your settlement amount will be reduced by your percentage of fault.

Is New Mexico A No-fault Or At-Fault State?

New Mexico is an at-fault or fault state for car accident and truck accident claims. This means that injured motorists will file an insurance claim with the at-fault party’s insurance policy.

For this reason, determining who was at fault and the percentage of fault involved for each party is crucial to truck accident cases. Taking cautious steps following your truck accident, such as not admitting fault even in the heat of the moment, are important as well.

To avoid saying or doing anything that could negatively impact your case down the road, consult with an attorney right away, who can communicate with the other party’s lawyers and insurance representatives on your behalf.

Who Determines Fault In A New Mexico Truck Accident?

Fault may be determined based on several factors. The judge/jury may review the police report, photos of the accident scene, statements from witnesses, and more to determine who was at fault, and from there, who can be held liable for your injuries.

Your lawyer will work hard to prove that you had no fault or very little fault in the accident in order to ensure you receive fair compensation for your injuries. To that end, they may ask for detailed accounts of the accident, call in expert witnesses, or even interview the law enforcement officers or witnesses to build your case.

What Are The Benefits Of Hiring A New Mexico Truck Accident Attorney?

Albuquerque truck accident lawyers and other truck accident attorneys in New Mexico can provide important advantages for your case. First, they will make sure you understand each new step along the way, since staying abreast of your claim’s progress can ease your anxiety.

The best truck accident lawyers have years of experience handling cases just like yours. They will know the laws that apply to your case, and the best way to build your case to give you an optimal chance for compensation.

Finally, having a lawyer ensures you will not miss any deadlines, crucial details, or leave any stone unturned in the pursuit of seeking the compensation you deserve. Truck accident lawyers work hard to help you receive a settlement and won’t rest until your case is resolved.

Were you or your loved one hurt after a semi-truck or other large truck accident in New Mexico? You may have legal options to recoup what you lost. Learn more through a free consultation with LegalFinders, where you can find the law firm that best suits your case, obtain legal advice from experienced truck accident attorneys, and more. Whether you need to file a claim against the truck driver, trucking company, or insurance company, the personal injury lawyers in our network have the skills and experience you need to get fair compensation.

Connect With Top-Rated Truck Accident Lawyers In Your Area

Semi-truck accidents and other vehicle accidents involving large trucks can lead to serious injuries, particularly when commercial vehicles collide with passenger vehicles. The sheer size and weight of these expansive vehicles makes them a risk to have on the roadways in the best of times. When extenuating factors are involved, truck crashes become even more likely.

Commercial vehicle accidents may occur for any number of reasons. For example, smaller vehicles sometimes travel in truckers’ blind spots, making it difficult to see them. Yet many times, truck wrecks are avoidable incidents.

If the truckers are not properly trained and they make a negligent error while driving, this could lead to an accident. Or, when trucking companies or truck drivers fail to maintain the big rig, this could also result in an accident.

Regardless of the reason the accident occurred, the results can be devastating for truck accident victims and their loved ones, leading to catastrophic injuries, wrongful death, property damage, and other impacts.

That’s why truck accident claims exist — to allow accident victims to seek compensation for their injuries or the wrongful death of a family member. You may bring an injury claim to an insurance company following a truck accident. Or, you may file a personal injury lawsuit to seek damages from the truck driver, trucking company, or other liable party for your medical expenses, vehicle damage, and other accident-related costs.

Whatever your situation, a truck accident lawyer can help you decide the best course of legal action, and LegalFinders can direct you to the most experienced truck accident lawyers near you.

When it comes to tractor-trailer and other truck accidents, you need a knowledgeable attorney on your side to help with your case. Your lawyer will complete important tasks, from determining the liable party or parties, to communicating with the insurance companies, to offering solid legal advice throughout your case.

If your case does not settle out of court, a personal injury lawyer can aid you in a number of ways as well. They will work with their legal team to ensure you have an airtight case backed by necessary evidence, such as your medical expenses and police reports.

In addition, truck accident attorneys will ensure you file your claim within the statute of limitations, that you understand the federal laws which apply to your case, and much more. Find out all the ways personal injury lawyers can help with truck accident lawsuits or claims by contacting LegalFinders now for a free case evaluation.

New Mexico Truck Accident Statistics

In New Mexico in 2019, the most recent year for traffic crash data, 30% of all motor vehicle crashes resulted in a personal injury, while less than 1% resulted in fatalities, according to a report compiled by the University of New Mexico (UNM).

The state of New Mexico saw, on average, 132 crashes per day, resulting in about 56 people with a personal injury and one wrongful death. No matter how motor vehicle accidents occur, they can have devastating results, particularly when a smaller passenger vehicle collides with a large, commercial truck. Other statistics regarding truck crashes in New Mexico in 2019 include:

Truck accidents involving heavy trucks have increased

four out of the past five years

in New Mexico

The total number of truck accidents in New Mexico

2,997

in 2019

Alcohol remains a top factor in all areas of motor vehicle accidents in New Mexico

ages 20-24

alcohol-involved crashes among young adults was at its highest point in the past five years in 2019

The top contributing factors to all fatal motor vehicle crashes in New Mexico

in 2019

were alcohol, driving left of the centerline, and excessive speeding

The top contributing factors to all motor vehicle crashes were driver inattention, failure to yield the right of way, and following too closely

Most Dangerous New Mexico Highways

Are certain roadways in New Mexico more dangerous than others? While commercial truck accidents can happen anywhere, studies show some freeways, interstates, and even rural roadways see more accidents and fatal accidents than others.

KRQE News of Albuquerque reported that, in 2019, New Mexico was third on the list for most crashes and fatalities in the nation. In fact, an average of 34 vehicle accidents per year occur on I-40 alone. Other dangerous highways in the state of New Mexico include:

Highways
I-24
US-62
US-550
SR-45
SR-118

Central Avenue, from San Mateo Boulevard SE to Dorado Place SE, in Albuquerque is deemed one of the deadliest roadways in the state, with 15 fatal accidents from 2017 to 2019.

LegalFinders Can Direct You To The Best Truck Accident Lawyers Near You

Ready to get your life back on track after a truck accident? Don’t let your injuries or that of a loved one rob you of one more day. Seek the compensation you deserve for the pain and suffering you’ve endured by getting started on your truck accident claim today.

When you call LegalFinders, you’ll be connected to top-rated New Mexico truck accident lawyers in your area who can aid you in filing your claim. The law firms we work with are backed by years of experience, positive testimonials, and a thorough legal skill set. Our lawyers are ready and willing to put our knowledge and skills to work on your case. Call LegalFinders now for your free consultation to discuss your claim.

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Published: 24 May 2022

ARTICLE SOURCES

Federal Motor Carrier Safety Administration — Commercial Motor Vehicle (CMV) operations – New Mexico

KRQE — New Mexico ranks high on ‘Most Dangerous Highway in America’ list

The University of New Mexico — 2019 New Mexico Crash Highlights

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