How Does Liability Work For Truck Accident Claims in New Mexico?

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. And in New Mexico, semi-truck accidents are four times more likely to result in fatalities than other accidents.

It goes without saying that incidents involving commercial vehicles 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.

Who Has Liability in a Truck Accident?

As a first example, tanker transporters are being employed by energy and mining firms in New Mexico in record numbers. Accidents involving business transportation have risen as a consequence. What's more, these accidents happen more frequently as a result of drivers' negligence and/or carelessness, as well as oil-slicked roadways close to workplaces.

So, who is accountable for these types of incidents involving large industrial trucks? The worker driving the tractor-trailer is frequently the first to be held accountable. Investigating their workplace (usually a transit company) is another option. Each transit company must assess a candidate's credentials, driving experience, and job history before hiring them and performing a thorough background check.

Therefore, a transit company could be deemed negligent if it fails to perform background checks on its workers because this information is used to recruit safe, reliable drivers. After a truck driver is hired, the company is also required to properly train him or her and keep track of their development throughout their trial or probationary period.

On top of that, businesses and major conglomerates are hiring a lot of novice drivers because there aren't enough qualified professionals in the field, which has instant financial advantages. However, this type of hiring practice might lead to more dangerous vehicle crashes and possible judicial action.

Finally, to ensure that technical problems do not result in accidents or obstruct company operations, department supervisors should confirm that each car conforms with all applicable state and federal laws for trucking companies. If these regulations are not met, there is a greater chance that the trucking company will be liable for any resulting accidents.

Liability & Negligence in New Mexico

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.

Needless to say, 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%).

Proving Fault After a Truck Crash

Due to the often-numerous parties involved and the severity of the injuries, which can range from minor to deadly, proving fault in a truck crash can be tricky.

Each motorist will have their own version of what happened at the moment of the accident. In order 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

You have the right to be informed of your legal options and the amount of compensation to which you are entitled if you or a member of your family has been involved in an accident involving a semi-truck. Our dedicated staff will not let aggressive insurance companies or irresponsible drivers intimidate you and yours into submission.

On your behalf, we will work hard and leave no stone unturned in our pursuit of a just and equitable resolution for you and your loved ones. 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.