New Mexico Truck Accident Attorney
Accidents involving large commercial trucks in New Mexico often result in devastating injuries for those involved. The reality is that there are various ways that truck drivers or trucking companies can cause these incidents, and the team at Liles White PLLC is here to help in the aftermath. When you need a New Mexico truck accident lawyer by your side, we will use the full resources of our office to investigate what happened and help ensure that you receive the compensation you are entitled to.
Why Trust Liles White for This Case?
- At Liles White, our New Mexico personal injury attorneys have more than 20 years of litigation experience handling complex personal injury and accident cases throughout New Mexico.
- We have a reputation for success and have secured hundreds of millions of dollars on behalf of vehicle accident injury victims, including those involved in commercial truck accidents.
- Our personal injury law firm has an extensive network of subject matter experts and the resources necessary to fully investigate complex vehicle versus truck collision cases.
How Will an Attorney Help a Truck Accident Case?
A skilled truck accident attorney in New Mexico is going to be essential for these cases. An attorney is going to have the resources necessary to fully investigate these claims, and they will be able to gather evidence that truck accident victims will usually not be able to get on their own. This can include:
- Safety records of the trucking company
- The truck driver’s safety and driving history
- The truck’s electronic control module
- The truck driver’s electronic logging device
- Any video or photo surveillance of the incident
- Statements from eyewitnesses to the crash
Additionally, a truck accident lawyer will be responsible for ensuring their client is evaluated by trusted medical and economic experts who can properly calculate the total expected losses. Using this information, an attorney can engage in negotiations with insurance carriers and the trucking company to reach a fair settlement on behalf of their client.
New Mexico Truck Accidents Can Result in Severe Injuries
According to data available from the Federal Motor Carrier Safety Administration (FMCSA), these vehicles can weigh as much as 80,000 pounds when fully loaded. This means that there is an incredible size and weight discrepancy between commercial trucks and other vehicles on the roadway. Unfortunately, this means that those inside traditional passenger vehicles often sustain severe injuries when a collision occurs.
It is not uncommon for the New Mexico truck accident lawyers at Liles White to help clients who have sustained the following:
- Broken or dislocated bones
- Traumatic brain injuries
- Open head wounds
- Spinal cord injuries
- Other severe back or neck injuries
- Amputations or crush injuries
- Significant scarring or disfigurement
All of these serious injuries, and others, can lead to tremendous medical bills and extensive pain and suffering for those involved. Additionally, we also recognize that those involved in commercial truck crashes are also likely to have sustained emotional and psychological injuries.
Most Common Causes of New Mexico Truck Accidents
According to data available from the New Mexico Department of Transportation, we can see that there were 2,939 total collisions involving semi-trucks or other heavy trucks during the latest reporting year across the state. Out of these incidents, there were 56 fatal crashes and 745 crashes involving injuries.
These collisions can occur in a wide variety of ways, and they are often caused by truck driver or truck company errors. Truck drivers can cause these collisions if they:
- Fail to follow traffic laws
- Operate too fast for conditions
- Drive while impaired by alcohol or drugs
- Operate while distracted by phones or other devices
- Fail to inspect the truck before the operation
- Operate beyond their allowed hours of service
Trucking companies can also contribute to these accidents. A commercial truck company could be held liable if they:
- Fail to regularly inspect and maintain their vehicles
- Do not conduct adequate background checks on prospective drivers
- Fail to ensure their drivers adhere to safety standards
- Encourage drivers to operate long hours
- Allow trucks to be overloaded with cargo
An experienced truck accident lawyer in New Mexico can determine who is at fault for the accident and work to hold them accountable.
Who Is Liable In a New Mexico Truck Accident?
Many different parties may share in liability for a truck accident, including the following:
Truck Driver
The truck driver has a duty to drive safely, avoid accidents, and obey traffic rules. If the driver violates these legal duties, they may be responsible for accidents caused by such reasons as:
- Speeding
- Distracted driving
- Impaired driving
- Failing to yield
- Following too closely
- Making a turn improperly
- Failing to check blind spots
Trucking Company
The trucking company is typically responsible for the negligent actions of its truck drivers, as well as its own negligence, such as:
- Negligent hiring or supervision
- Failure to maintain its fleet in a safe condition
- Violating federal safety rules
- Failure to administer drug and alcohol testing when required
Truck Maintenance Company
Many trucking companies outsource maintenance of their fleet to a third party. This third party is responsible for ensuring the trucks are safe to operate on open roadways. If the maintenance company does not properly inspect the vehicles or makes negligent repairs, it might be responsible for truck crashes caused by mechanical issues.
Cargo Loading Company
Often, another company is responsible for loading the truck once it arrives at its destination. There are extensive rules regarding how truck loads must be loaded and secured, especially when hazardous materials are being transported. If the cargo loading company does not follow these rules or loads the truck in such a way that the load shifts or spills out of the truck, the cargo loading company may be responsible for any resulting accident.
How to Prove Who Is At Fault In a New Mexico Truck Accident
Truck companies and the insurance companies that protect them will fight aggressively to try to deny your valid claim. You will need strong evidence to establish their liability.
An attorney is going to have the resources necessary to fully investigate claims related to truck accidents, and they will be able to gather evidence that truck accident victims will usually not be able to get on their own. This can include:
- Safety records of the trucking company
- The truck driver’s safety and driving history
- The truck’s electronic control module
- The truck driver’s electronic logging device
- Any video or photo surveillance of the incident
- Statements from eyewitnesses to the crash
- Cell phone records that show the driver was distracted at the time of the accident
- Medical records related to the crash
- Maintenance records and pre-inspection reports
Additionally, truck accident attorneys sometimes hire accident reconstruction experts who can take the available data and create scientifically-based reenactments that can show how the crash occurred. This can be valuable evidence to present to the insurance company or a jury. In the case of fatal truck accidents, the team of New Mexico wrongful death attorneys can help you secure compensation and hold the negligent party liable.
How Much Compensation Is Available for a New Mexico Truck Accident Claim?
There may be various types of compensation available to victims of commercial truck accidents in New Mexico. At Liles White, we strive to recover various types of economic and non-economic compensation on behalf of our clients. This can include the following:
- Full coverage of their medical expenses
- Payment for any lost income if they cannot work
- General household out-of-pocket expenses
- Property damage expenses
- Pain and suffering damages
- Loss of enjoyment of life damages
How Long Do You Have to File a Truck Accident Claim in New Mexico?
Victims of commercial truck accidents in New Mexico need to adhere to the personal injury statute of limitations for the state. All lawsuits involved in a commercial truck crash need to be filed within two years from the date the incident occurred. Failing to file a lawsuit within this window will likely result in the claim being denied.
How Much Does a Truck Accident Lawyer Cost?
At Liles White, our truck accident lawyers in New Mexico take cases on a contingency fee basis. This means that our attorneys will not collect any legal fees until after we obtain the compensation that our clients need. Commercial truck crash victims in New Mexico will not pay any upfront or out-of-pocket costs.
Call Our New Mexico Truck Accident Lawyer Today
If you or somebody you love has been injured or sustained property damage in a truck accident anywhere in the state of New Mexico, you can count on the team at Liles White for help. Our attorneys have more than two decades of experience handling commercial and 18-wheeler truck accident cases and helping victims secure full compensation for their losses. Our dedicated team of personal injury attorneys will not back down from aggressive insurance carriers or at-fault parties while we work to negotiate a fair settlement on your behalf. We want to make sure you receive compensation for your medical bills, lost wages, property damage, pain suffering expenses, and more. When you need a New Mexico truck accident lawyer, you can contact us for a free consultation of your case or call (361) 826-0100.