Top 5 Mistakes to Avoid After a New Mexico Truck Accident
Though only about 3% of New Mexico’s collisions involve tractor-trailers, they often result in catastrophic consequences. Approximately 1,400 of the roughly 43,000 auto accidents that occur annually in New Mexico involve semi-trucks. In New Mexico, semi-truck accidents are four times more likely to result in fatalities than other accidents.
Commercial vehicle accidents are frequently catastrophic for all parties involved across New Mexico and beyond. Thankfully, our New Mexico truck accident lawyers at Will Ferguson & Associates are available to assist you if you have been involved in one of these collisions. After a serious truck accident has left you in the lurch, we will help you learn more about potential damages, compensation, and reclaiming your life. In the meantime, read more to learn about the five main errors to avoid after a truck accident.
What to Avoid Following a Truck Accident
If you’ve been involved in a truck accident in New Mexico, it’s crucial to handle the situation carefully. Here are five common mistakes to avoid:
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Failing to Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. Always get checked by a healthcare professional after an accident.
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Not Documenting the Scene: Failing to gather evidence, such as photos of the accident scene, vehicle damage, and witness statements, can hurt your case later on.
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Admitting Fault: Avoid discussing fault at the scene, even if you think you might be partially responsible. Fault can be complex, and admitting it could jeopardize your claim.
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Delaying Insurance Notification: Notify your insurance company as soon as possible. Delaying this can complicate your claim process and potentially reduce your compensation.
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Accepting a Quick Settlement: Insurance companies often offer quick settlements to minimize their payout. Before accepting any offer, consult with a legal professional to ensure it adequately covers your expenses and losses.
Taking the right steps after an accident can significantly impact your recovery and compensation. The National Highway Traffic Safety Administration‘s most recent research shows that about 14% of all deadly multi-vehicle collisions involve industrial vehicles, particularly when it comes to semi-truck accidents in New Mexico. Of course, these incidents are all too common throughout the nation and our state in particular, so it’s important to know the ins and outs of liability if you’re involved in one of these accidents. Liability is established in line with New Mexico’s strict comparative negligence laws in all vehicle accidents.
In a final ruling, the damages one party gets from the other are inversely correlated to the degree of fault or liability placed upon them. Theoretically, more than one person can be considered liable in a crash if they share fault (i.e., one driver may be mostly at fault, perhaps contributing 80% to the accident, but the other motorist was driving too fast for roadway conditions and their share of fault is 20%). This is one of many reasons why it’s important to document the scene and avoid discussing fault directly after a crash.
Proving Fault in a New Mexico Truck Crash
Relatedly, due to the often several parties involved and the severity of the injuries, which can range from minor to deadly, proving fault in a New Mexico truck crash can be tricky. Each motorist will have their version of what happened at the moment of the accident. To identify which driver caused the accident, insurance claims adjusters or investigators typically recreate the incident using a highly complex computer program. Of course, accidents involving multiple vehicles are almost always the result of some type of driver error.
The claim investigators will look over all of the available information, such as witness testimonies, police reports, and images of the scene. Remember that consulting a personal accident lawyer is highly advised before negotiating or even speaking with insurance adjusters and lawyers representing another driver and their transit company. As always, the best course of action for someone hurt in a tractor-trailer accident is to consult a dedicated and seasoned truck accident lawyer.
Claiming Compensation For Medical Expenses
Medical expenses account for the majority of New Mexico’s compensation awards, which may include compensation for hospitalization, ongoing doctor visits, long-term treatment, and more. Loss of income and earning potential also play a role in this situation. Consider that you had to miss work due to your injuries and subsequent recovery and rehabilitation. Because your accident-related injuries prevent you from returning to work, you are eligible to submit a claim for current and future loss of income.
Furthermore, large truck accidents frequently result in extensive property damage. A fully loaded and packed tractor-trailer may weigh over 80,000 pounds, which essentially allows it to obliterate virtually everything in its path. In most of these cases, compensation consists of auto repair and replacement. Property damage may also include roads, homes, other structures, and the land itself if the accident has caused damage to any of those types of areas.
Contact a Truck Accident Attorney in New Mexico
If you or a member of your family has been engaged in an accident that involved a semi-truck, you have the right to be informed of the legal alternatives available to you as well as the amount of compensation to which you are entitled. Your family and you will not be intimidated into submission by aggressive insurance companies or careless drivers since our staff is committed to protecting you and your family. To find a solution that is fair and just for you and the people you care about, we will put in a lot of effort and make sure that no stone is left unturned in our search for a solution.
Please call our skilled, experienced legal team here at Will Ferguson & Associates immediately if you or a loved one has been hurt in a vehicle collision in the state of New Mexico. We offer an initial complimentary consultation to help you understand more about how to move forward.
Our team of compassionate and caring attorneys understands what it takes to construct a compelling accident claim, and we are dedicated to assisting you in protecting your legal rights at every stage of the process. Don’t hesitate to get the help you and yours need today.
