Fully-loaded tractor-trailers and 18-wheelers can weigh up to 80,000 pounds. With these heavy cargo loads and high speeds, a crash with a truck driver can inflict massive damage upon passengers and their vehicles, resulting in catastrophic or fatal injuries.
In New Mexico, you have the right to take legal action for compensation related to your losses. However, commercial truck motor vehicle accidents are more complicated than traditional personal injury matters because they sometimes involve federal law and numerous parties may be held accountable.
In This Article
Truck accident injury lawyer Marc A. Grano helps you understand how the law assigns liability to parties after an accident, how much your case is worth, and what you can do to proceed further. Grano Law Offices, P.C. wrote this post to help injury victims understand liability and fault under New Mexico law in general.
Table of Contents
Truck Accident Liability
To file a claim or civil lawsuit in court for your damages, you must prove that the driver, trucking company, or manufacturer was negligent in its actions toward you. Negligence is a legal term that describes someone’s careless or reckless behavior.
Generally speaking, one or more of the following parties are liable for injuries or wrongful death awards after a truck accident, including:
- The truck driver, if he or she made a mistake when operating the truck, such as ignoring blind spots
- Truck driver employees, if they were responsible for the driver’s actions or maintaining vehicles
- Truck owners, if poorly maintained trucks caused the accident
- Contractors, such as mechanics and depot operators, if they contributed to the accident
- Manufacturers, if they produced a defective commercial vehicle
- Anyone else who caused your accident
Truck drivers, owners, operators, and contractors typically carry some form of liability insurance that protects them against financial losses associated with an accident. After an injury, you file a compensation claim and negotiate an equitable and commensurate award for the harm you or your loved one suffered.
How Much Your Truck Accident Case Is Worth
Every truck accident injury and wrongful death case is unique, including valuation. As such, determining your case’s value is a challenge without speaking to an injury attorney near you first. We can offer our opinion regarding your case’s particulars and whether the truck driver’s insurance company is giving you a fair settlement.
Some of the elements that we consider under federal and New Mexico law include:
- The extent and severity of your injuries
- Your physical and financial prognosis
- The impact of the accident on your life
- Your age, state of health, and income levels
- The cause of the accident
- The degree of the dispute between parties
- The truck drivers’ financial resources
- The willingness of the insurance company to work with you
- Your personal needs and priorities
- And other factors
When a truck driver or operator negligently causes your accident injuries or loved one’s death, you do not have to pay for the losses they caused you. The types of compensation you can receive after a truck accident in New Mexico may include medical costs, lost work wages, mental anguish, wrongful death benefits, future lost earnings, and more. However, there are deadlines—or statutes of limitations—that apply under NMSA § 37-1-8.
How to Sue After a Truck Accident
An experienced truck accident lawyer will help you protect your rights and obtain a fair award for the harm you or your family experienced. Make sure you conduct due diligence and hire the best-suited truck accident lawyer. The steps that we take will depend upon the facts and circumstances of your case.
Typically, we take the following actions when pursuing an insurance settlement or civil award on your behalf:
- Conduct a comprehensive investigation of the truck accident to identify liable parties
- Evaluate your truck accident injuries to establish the amount of compensation you deserve
- Negotiate with insurance companies and defensive counsel to achieve your goals
- Prepare, file, and litigate your claim in civil court, taking it to a trial in front of a civil court jury if necessary
Instead of worrying about fighting with the insurance company to get the money you need, place your trust in an attorney in New Mexico who has proven experience and results in these types of cases. You must recover as quickly as possible. Hiring legal representation will ensure that the insurance company does not get away with paying you less than you deserve.
Free Consultation with Grano Law Offices, P.C.
Were you or a loved one injured after a trucking accident in northern or central New Mexico? Reach out to Marc at Grano Law Offices, P.C. Request your Free Case Strategy Session now by messaging us below or calling (505) 426-8711. We do not get paid until you win your case.
