According to the New Mexico Department of Transportation (NMDOT), there were just under 3,000 semi-truck accidents in New Mexico in 2019. As a result, 75 people died and hundreds more suffered injuries. If you or someone you love has been hurt in a collision with a large truck, you know firsthand just how devastating these accidents can be physically, emotionally, and financially.
When a traffic accident is the result of negligence—whether on the part of the semi-truck driver, their employer, or another party—injured victims have a legal right to compensation. Contact a New Mexico semi-truck accident attorney at Lerner and Rowe Injury Attorneys today to learn more about filing a personal injury lawsuit and to find out if you have a case.
Proving Liability in New Mexico Truck Accidents
New Mexico uses a fault-based auto insurance system. This means that the insurance company of whoever caused an accident is responsible for paying for property damage and injuries to other drivers and passengers involved in a wreck. Unlike most drivers who have a personal auto insurance policy, however, big rig drivers are often covered by their employer’s commercial liability insurance policy.
If there is any doubt as to who caused the accident, you may need to go up against one of these large trucking insurance companies, many of whom have their own high-powered attorneys. More specifically, you’ll need robust evidence in order to prove your claim. Such evidence may include, but is not limited to:
- Police accident reports
- Witness statements
- Photographs of the accident scene
- Photographs of property damage to your vehicle
- Video footage of the accident, if it was caught by a security camera or dash cam
- Diagrams or reconstructions of the accident
Sometimes, there will be more than one at-fault party in an accident. For example, if a drowsy driver caused the accident but it comes out that the trucking company routinely pressured its drivers to skip mandated breaks in order to meet a deadline, the trucking company itself may be partially at fault for the accident. In addition, if a semi-truck’s brakes fail due to poor maintenance or a product defect, the vehicle technician or manufacturer may be to blame.
In another possible scenario, you may be partially at fault for an accident. Even if this is the case, it doesn’t necessarily bar you from receiving a settlement. Under New Mexico’s comparative negligence laws (New Mexico Statutes 41-3A-1), you may still be entitled to partial compensation. For example, if you are found to be 30% at fault for an accident, you may still be eligible to collect up to 70% of the total damages you incurred from the wreck. An experienced New Mexico semi-truck accident attorney can assist you in both calculating the value of your claim and gathering crucial evidence to prove it in or out of the courtroom.
Compensation Available to NM Truck Accident Victims
Due to their sheer size, large trucks often cause significant damage in collisions with smaller vehicles such as passenger cars or motorcycles. Unfortunately, this commonly results in more serious injuries, bigger hospital bills, and longer recovery times. All too often, semi-truck crashes lead to life-changing catastrophic injuries. As such, large truck accident settlements may include compensation for:
How a New Mexico Semi-Truck Accident Attorney Can Help
If you were recently involved in a large truck accident, you may have already been contacted by the trucking company’s insurer (or will be soon). It is in your best interest not to accept any settlement offers or make any statements regarding the accident until your case has been reviewed by a qualified personal injury lawyer.
Lerner and Rowe Injury Attorneys is now accepting cases on behalf of those who have been injured in semi-truck accidents in Albuquerque, Santa Fe, Las Cruces, Rio Rancho, and throughout New Mexico. Our team would like to offer you a free, no-obligation consultation to help you understand all your legal options after a crash. To get in touch with our New Mexico personal injury lawyers, call us anytime at 505-544-4444. Operators are available 24/7 to take your call, and LiveChat agents are also standing by online to answer any questions you may have.
Alternatively, you can request your risk-free case review by filling out this form. Your first consultation is always free, and we charge no legal fees until we’ve made a financial recovery on your behalf. Contact us today to learn more about how we help.