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Truck accidents permanently alter the lives of thousands of people every year. The aftermath of such accidents, for example, can be tremendously stressful, physically, emotionally, and financially for victims. If you live in New Mexico, it is essential to understand the specific laws concerning Mexico’s truck accident and compensation.
Truck accident laws in New Mexico are complex. There are stringent regulations governing commercial trucking, comparative negligence, and vicarious liability. An experienced Albuquerque truck accident lawyer can explain all this to you and help you seek fair compensation if you or a loved one is injured.
Aside from looking into New Mexico’s Truck Accident laws, let’s go through some tips on getting compensation after being injured in a truck accident.
Important Things to Know About New Mexico’s Truck Accident Laws
New Mexico has specific laws and regulations covering truck accidents. Truck drivers and other motorists must understand the New Mexico statute of limitations in such cases.
1. Regulations for commercial trucks
In the case of commercial trucking operations, New Mexico adheres to federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These rules cover various areas of vehicle operation including licensing, insurance, vehicle maintenance, operator qualifications, and working hours. All these regulations assume much significance when there is a truck accident to determine liability.
2. Statute of Limitations
Mexico’s truck accident lawsuit can be filed within a certain time following the accident. In New Mexico, a truck accident case must be filed three years after the crash to be considered timely. If you fail to file a claim within this period, your right to compensation may be lost.
3. Comparative Negligence
A truck or car accident in New Mexico can be covered by comparative negligence, meaning multiple parties can be held liable according to their degree of fault. There may be a reduction in compensation depending on the level of fault assigned to a plaintiff. That’s why understanding comparative negligence in truck accidents is crucial for those seeking damages.
4. Vicarious Liability
Several states recognize vicarious liability as a legal principle that holds employers accountable when employees act in the course of their employment. Thus, trucking companies can be held responsible for their drivers’ negligence.
Seeking Compensation After a Truck Accident
Should a truck accident result in injury or death, you should hire a personal injury attorney right away. There are several steps involved when filing a truck accident lawsuit:
1. Gathering Evidence and Documentation
No matter what kind of truck crash occurs, gathering and keeping evidence plays a key role. Insurance firms play a big part in this process. The proof that matters includes crash reports, photos of the scene, witness statements, health records, and other papers linked to the case. To make your case strong, you should collect proof quickly and talk to a skilled lawyer.
2. Truck Crash Investigations
Finding out why truck crashes happen and who’s to blame needs a thorough review. A Mexico’s truck accident law enforcement agency, an insurance company, or a trucking company in New Mexico may conduct an investigation. County sheriffs or the New Mexico State Police must be notified if the accident occurs outside city limits as soon as possible. Understanding the investigation process and working with the right authorities is crucial.
3. Seek Legal Representation
Truck accident cases are complex, so you should consult an attorney with experience handling truck and car accident cases in New Mexico. When you’re hurt or sustained property damage, a lawyer can guide you through the courts, stand up for your rights, and help safeguard what matters to you.
4. Prove Negligence
Determining who is responsible for damages after a truck accident is crucial to securing compensation. Experienced attorneys know how to thoroughly investigate accidents so that all parties involved are held responsible. Furthermore, an attorney is capable of proving duties, breaches, damages, and causation of negligence.
An investigation into truck accident claims can be challenging, especially when several liable parties try to deflect blame. The right truck accident lawyer will not only defend your rights but also provide you with the support you need throughout the claim process.
Types of Damages You Can Claim
Two types of damages can result from trucking accidents: economic and non-economic. Economic or “special” damages can be calculated to an exact number, but non-economic damages cannot. Therefore, it can be difficult to determine non-economic damages.
1. Economic Damages
There are many types of economic damages you can recover, including:
- Cost of medical expenses: The amount of these damages will be determined by adding up all the medical expenses you incurred as a result of the collision (including hospital stays, doctor visits, medications, and surgeries). Damages can also be awarded to cover the cost of ongoing treatment.
- The loss of wages: Accidents result in hospitalization and missed work days, so you can seek damages to cover lost wages and benefits.
- Loss of future earnings: Due to your injuries, you are less likely to earn income in the future due to your diminished earning capacity. These damages are generally awarded only to those who suffered severe injuries and lost the ability to work for the rest of their lives.
2. Non-Economic Damages
If you have been involved in an accident, you may find it difficult to drive, and you may even experience post-traumatic stress symptoms. An experienced accident lawyer can help you estimate non-economic damages, covering pain, suffering, and loss of enjoyment.
Hire an Experienced Truck Accident Lawyer
Injuries sustained in truck accidents result in high medical bills, lost income, and other accumulated costs. You are entitled to compensation and accountability when someone’s actions cause you harm. Speak to a truck accident lawyer who understands victims’ hardships and will do everything to obtain justice for you.
