Crashes involving trucks stand apart from the rest. Semi-truck, 18-wheeler, and big rig accidents are particularly catastrophic due to their sheer mass and size. This means greater force upon collision. Tragically, passenger vehicles often take the brunt of these crashes, resulting in severe injuries and even death. The typical injuries resulting from truck accidents include brain damage, paralysis, and wrongful death.
If you have been injured in an accident involving a semi-truck, big-rig, or 18-wheeler in Taos or anywhere in New Mexico, call FBD Law at (505) 842-9960 for a 100% free case review with our Taos truck accident lawyers.
Let our experienced injury attorneys serving Taos help you understand your rights and options after a truck accident.
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Truck Accident Statistics New Mexico
New Mexico residents should be concerned when looking at the numbers related to truck accidents in the state. Stats from the National Highway Traffic Safety show that while truck accidents are rare in New Mexico, what they lack in terms of uncommonness, they more than make up for it in their severity.
Generally, accidents involving passenger vehicles in New Mexico have a fatality of 1 out of every 130 crashes. On the other hand, accidents involving trucks have a staggering fatality rate of 1 out of 25 crashes. This means that a truck accident is 4x more likely to result in death than a non-tuck accident. Other specific facts for truck accident in New Mexico include:
- On average, in New Mexico in 2019, a semi/18-wheeler accident occurred every 3 hours
- Semi/truck accidents in the state have risen four years in a row, to 2997 in 2019
- 78 semi (heavy trucks) we involved in fatal crashes in 2019
- In 2019, 853 trucks were involved in injury crashes
- Semi/heavy trucks were involved in 17.6% of all traffic fatalities in 2019
What Should You Do After a Truck Accident?
You may be wondering what steps to take after a truck accident. Understanding what to do after a crash can help you protect yourself and your family after a big rig crash.
Stop and call 911. If you can’t find your phone, ask a passenger or anyone who can and have them call the police.
Next, assess your injuries before checking on the other people involved in the crash.
Get the names and contact information of the truck driver, the truck’s license plate no., insurance info, name of the trucking company, and their contact info.
Document the Scene
Speak with Witnesses: Witnesses of a crash can help back up your assessment of the incident. Gather the names and contact info of eyewitnesses and, if possible, take photos of the big rig wreck. Capture as many images as possible, including images of each vehicle, your injuries, the nature of the road, and any debris flung off or onto the road. Additionally, filing a police report will give your attorney another source of official documentation from the crash scene.
Seek Medical Attention
Visit the emergency room or see your doctor; even if you did not notice any serious injury or the EMTs cleared you, you could have other injuries. Some injuries, such as internal bleeding and concussions, don’t always show signs right away. Besides, if you file a lawsuit against the liable party, you’ll need proof of your injuries through assessments from medical authorities.
Contact a Truck Accident Attorney
After a crash involving a truck accident, don’t wait – call a trusted lawyer ASAP. The moments following a crash are often confusing. You’ll want a trusted and experienced Taos truck accident lawyer – like the attorneys at FBD Law – on your side looking out for you and protecting your rights and interest.
How Can a Truck Accident Lawyer Help?
When you’ve been in a semi/heavy truck accident, the chances are you’re probably dealing with excruciating pain, debilitating injuries, and reduced quality of life. It can take days or even years to get your life back on track in some capacity. At the same time, due to missed work and piling medical bills, you might notice that money is getting tight.
Fortunately, you can recover financial compensation. But you’ve got more than enough on your plate. Hiring a Taos truck accident lawyer can give you the time and peace of mind you need to recuperate. It can also set your case up for success and help your recover the money and justice you deserve.
At FBD Law, our Taos truck accident lawyers have fought for decades for truck accident victims. We know how uncertain the future can seem after a truck accident. That’s why our lawyer will do everything to get the compensation you deserve. We for you by:
We work with experts to investigate the facts surrounding your truck accident and assist in collecting and organizing evidence to determine fault and how much your case is worth.
Filing a Claim
Your truck accident lawyer can help lodge your claim on your behalf and makes sure you don’t miss any deadlines, such as New Mexico’s statute of limitations for truck accidents.
Keep in mind that insurance companies, including your own, and will try in every way to resist paying your settlement. Our lawyers know the various tactics that insurance representatives and adjusters use and how much different injuries are worth in terms of monetary compensation and will negotiate for your right to recover your full compensation.
If negotiations with the trucking company or insurance companies fall through, our lawyer can fight for your right to claim full monetary compensation for losses and injuries in court.
What Types of Compensation Can I Receive In New Mexico?
Truck accident victims and their loved ones deserve to get full compensation for all their truck accident-related losses, expenses, and injuries. In New Mexico, these damages can include:
These are compensatory damages for calculable losses or those with a monetary value. They include:
- Lost wages
- Medical bills for surgery, doctor appointments, various treatments, hospital stays, medical devices, etc.
- Lost income capacity for sufferers who are left permanently impaired
These are compensatory damages awarded for intangible losses or those that do not have a monetary value, such as:
- Pain and suffering
- Mental anguish
- Loss of consortium
While these are rare, they can be awarded when the plaintiff shows a high burden of proof to demonstrate the defendant’s actions were intentional or reckless.
How Much Is My Truck Accident Claim Worth?
There is no secret formula for calculating how much a case is worth since every truck accident case is different. But semi/heavy truck accident settlements tend to be for many thousands and even millions of dollars. However, the amount you can actually recover depends on the facts of your case.
We can tell you this; our Tao truck accident lawyers will evaluate your case to determine the extent of your losses and injuries and fight to get as much money for your settlement as possible.
Is There A Deadline For Filing A Truck Accident Claim In New Mexico?
Yes. New Mexico code section 37-1-8 gives truck accident victims only three years from the crash date to file a lawsuit for damages, or else the claim is barred. You’ve got enough on your plate in the months after a semi/heavy truck accident. Let our successful Tao truck accident lawyers at FBD Law handle your truck accident case.
How Is Fault In A Truck Accident Determined In New Mexico?
While multiple parties, including the truck driver and the trucking company, can be held liable in a semi/heavy truck accident, the requirements and laws for determining fault are generally the same. Still, the outcomes of similar truck accident cases can vastly differ.
New Mexico’s Pure Comparative Negligence
Determining another party’s fault or liability is the core objective of any New Mexico truck accident lawsuit. New Mexico uses the pure comparative negligence rule. Under this legal doctrine, the amount that a truck accident victim recover from liable parties is reduced to the percentage of their fault in causing resulting injuries.
That means you are entitled to some compensation even if you’re found at more fault than the negligent truck driver or other liable parties – even if you were 99% to blame.
Can A Lawyer Prove The Truck Driver Was Negligent?
Yes. When you are injured in a semi/heavy truck accident, the truck driver’s first line of defense is to blame you, the trucking company, or another party. A Taos truck accident lawyer can help you prove the truck driver was negligent by proving the four fundamental elements of negligence: duty, breach of duty, causation, and damages.
Common examples of truck driver liability can include:
- Failing to follow traffic rules
- Drunk driving
- Distracted driving
- Reckless driving
There are countless ways a truck driver can be liable for a truck accident. A Taos semi-truck accident attorney will investigate every aspect of your case so we can establish negligence and pursue financial solutions.
Who Can Be Held Liable?
Multiple parties can be found liable for a semi/heavy truck accident in New Mexico. Truck accident victims might be able to recover compensation from anyone whose reckless or negligent actions caused their injuries and losses. This could include:
- Truck Driver
- Trucking Company
- Govt agency responsible for maintaining and fixing the road
- Loading Company
- Vehicle Or Parts Manufacturers
Common Causes Of Truck Accidents
A crucial part of any 18-wheeler/semi/heavy truck accident lawsuit is determining who is liable for injuries and losses. To determine who was at fault, it is important to understand the exact cause of the wreck. Truck accidents in New Mexico are often caused by:
- Driver Fatigue
- Distracted Driving
- Reckless Driving
- Drug Use
- Oversized or Improperly Secured Freight
- Poorly Trained or Inexperienced Drivers
- Lack of Truck Maintenance
- Equipment Malfunction
- Poor Road Conditions
Get Help From Experienced Taos Truck Accident Lawyers
At FBD Law, our Taos truck accident attorneys have helped injured victims seek and recover compensation after suffering losses and injuries from a truck accident. We are happy to speak to you about your potential truck accident lawsuit free of charge!
Call us at (505) 842-9960 to schedule your free case review today.