Truck accidents only make up around 3% of all accidents in New Mexico. Although these accidents are rare, they often have devastating consequences. A staggering 1 in every 35 New Mexico truck accidents ends in a fatality.
If you’ve been involved in a truck accident, you need legal representation from a Roswell truck accident lawyer. The Roswell injury attorneys FBD Law can ensure that you’re properly compensated after a crash. Read on to find out more about what we can do to help you.
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What Should You Do After a Truck Accident?
If you’ve been involved in a truck accident, your first step should be to call 911. Anyone that’s sustained an injury should seek immediate medical attention. If you’re not injured, take the time to help others that were involved in the accident. Exchange contact information with the other drivers and passengers involved in the accident.
You’ll also want to speak with witnesses and do what you can to document the scene of the accident. Have yourself examined by a doctor, even if you don’t have visible injuries. Some types of injuries, like whiplash, won’t show symptoms until 24 hours after the accident. Contact a Roswell truck accident lawyer at FBD Law so you can start building a claim.
What Are New Mexico’s Laws on Truck Accident Liability?
In New Mexico, liability is determined by comparative negligence. This means that everyone involved in the accident is assigned a percentage of liability based on how their actions contributed to the accident. This means that multiple parties may claim that other drivers bear fault for the accident.
Truck accidents often involve several drivers, which can make liability difficult to determine. Every driver involved will be asked to provide an account of the accident. Insurance investigators may work to reconstruct the accident. It’s important to have an experienced truck accident lawyer representing your interests when liability is being assigned.
How Can a Truck Accident Lawyer Help?
An attorney will be able to investigate the accident independently and collect evidence that supports your claim. Once the investigation is complete, a lawyer can file a claim on your behalf. An attorney will also be able to handle negotiations with insurance companies.
In many cases, claims will be settled out of court. If the insurance companies do not offer appropriate compensation, and your case moves to trial, a Roswell truck accident lawyer will handle the litigation process. It’s important to contact an experienced law firm right away so that your claim can be resolved as quickly as possible.
What Types of Compensation Can I Receive?
The amount of compensation you receive will vary based on the circumstances of the accident and the percentage of liability that you hold. Because of New Mexico’s comparative negligence laws, you can receive compensation as long as other drivers are determined to be even 1% responsible for the accident.
There are three types of damages that you can claim: economic, non-economic, and punitive. Economic damages are tangible damages related to the accident. They could include medical bills, loss of wages, and property damages. Non-economic damages are damages that are not easily quantified, such as damages for pain and suffering. Punitive damages are damages that are intended to punish a defendant for their conduct. These damages may be awarded in cases where the defendant engaged in extremely harmful behavior.
How Much Is My Truck Accident Claim Worth?
There are several factors that will be considered when determining the value of your claim, including the total cost of property damage and medical expenses, loss of wages, non-economic damages, and liability. The total amount you are awarded will be determined by the amount of liability you hold for the accident. For example, if a claim is worth $100,000, and you hold 50% fault, you would be eligible to receive $50,000.
The experienced Roswell truck accident lawyers at FBD Law will work to secure the largest settlement possible for you. We’ll collect evidence and negotiate with insurance companies so that you can receive the full compensation you’re entitled to. Working with us is the best way to ensure that you’re awarded the maximum amount of compensation.
Is There a Deadline for Filing a Claim?
New Mexico has strict deadlines for filing truck accident claims. Claims must be filed within three years of the date of the accident. If your claim is not filed within this time window, it may be dismissed.
This is one of many reasons it’s important to contact an attorney in the immediate aftermath of your accident. FBD Law will make sure your claim is filed before the statute of limitations expires. We’ll handle everything while you recover from your injuries.
How Is Fault in a Truck Accident Determined?
A number of factors are considered when assigning fault in a Roswell truck accident, including analysis of the scene of the accident, photographs, witness testimony, and police reports. All drivers will be held liable for mistakes they made that may have contributed to the accident.
When a person steps behind the wheel of a vehicle, they owe a duty of care to others on the road. If a driver breached that duty by violating traffic laws or behaving in a negligent manner, and that breach directly led to the accident, that individual holds fault for the accident.
Can a Lawyer Prove the Truck Driver Was Negligent?
In order to prove that a truck driver was negligent, your attorney will need to establish several things. They’ll need to show that the law required the driver to show caution, that the driver did not show the appropriate level of caution, and that their lack of caution contributed to the accident. Examples of negligent behavior include speeding, distracted driving, or driving while fatigued.
It can be difficult to establish negligence in a truck accident claim, which is why you’ll want to have the legal team at FBD Law on your side. Our attorneys have decades of experience with personal injury cases and will gather the necessary evidence to support your claim.
Who Can Be Held Liable?
In addition to the truck driver, there are several other parties that can be held liable for a truck accident, including trucking Companies, the company that loaded the truck, and vehicle or parts manufacturers. An accident could be caused by oversized or improperly secured freight, poorly trained drivers, a lack of vehicle maintenance, or even poor road conditions.
FBD Law will investigate the accident closely and determine all factors that lead to the crash. We’ll ensure that all responsible parties are held liable.
Call FBD Law Today For Quality Legal Representation In Your Roswell Truck Accident Lawsuit
Being in a truck accident can have devastating consequences. Working with an attorney is the best way to ensure that you receive compensation for injuries and other damages. If you’d like to find out more about your legal options, contact us today at (505) 305-1263 to get help from a Roswell truck accident lawyer. FBD Law offers free consultations to all prospective clients.