Every year, numerous lives are forever altered by the devastating impact of truck accidents. These accidents often occur unexpectedly, leaving victims suddenly having to grapple with the tremendous physical, emotional, and financial aftermath.
From the stringent regulations governing commercial trucking to the principles of comparative negligence and vicarious liability, it is important to understand New Mexico’s truck accident laws, especially if you or someone you love was injured in one. When you partner with a Dominguez Law personal injury attorney, we will work to make sure you have the tools to understand liability, seek compensation, and reclaim control over your life after a New Mexico truck accident.
What You Should Know About Truck Accident Laws in New Mexico
In New Mexico, as in every state, there are specific laws and regulations governing truck accidents. Understanding these laws is crucial for both truck drivers and other motorists involved in such incidents.
Commercial Trucking Regulations
New Mexico adheres to the federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA) for commercial trucking operations. These regulations include requirements for licensing, insurance, vehicle maintenance, driver qualifications, hours of service, and more. These regulations play a significant role in determining liability in the event of a truck accident.
Comparative Negligence
New Mexico follows the doctrine of comparative negligence, which means that liability can be assigned to multiple parties based on their degree of fault. If a plaintiff is found to be partially responsible for the accident, their compensation may be reduced in proportion to their assigned fault. Understanding how comparative negligence applies to truck accident cases is vital when seeking compensation for damages.
Statute of Limitations
Like every state, New Mexico has a statute of limitations that restricts the time within which a person can file a lawsuit after a truck accident. In New Mexico, the statute of limitations for personal injury cases resulting from a truck accident is typically three years from the date of the crash. Neglecting to file a claim within this timeframe may result in the loss of your right to seek compensation.
Vicarious Liability
New Mexico recognizes the legal principle of vicarious liability, which holds employers accountable for the actions of employees acting within the capacity of their employment at the time of an accident. In truck accident cases, this means trucking companies can be held liable for the negligence or wrongful actions of their drivers.
Evidence and Documentation
Collecting and preserving evidence is crucial in any truck accident case. Important pieces of evidence may include accident reports, photographs of the scene, witness statements, medical records, and any other relevant documentation. It is essential to gather this evidence promptly and confer with an experienced attorney to confirm its proper use in building your case.
Truck Accident Investigations
Truck accidents often require a detailed investigation to determine the cause and liability. In New Mexico, various entities, such as law enforcement agencies, insurance companies, and trucking companies, may conduct investigations. Understanding the investigation process and cooperating with the relevant authorities is important to establish a clear picture of the accident and confirm that your rights are protected.
Seeking Legal Representation
Given the complexity of truck accident cases, it is strongly recommended to seek legal representation from an experienced personal injury attorney who has experience handling truck accident claims in New Mexico. A knowledgeable truck accident attorney from Dominguez Law can guide you through the legal process, protect your rights, and help you pursue fair compensation for your injuries and damages.
Pursue Justice After Suffering an Injury in a New Mexico Truck Accident
From commercial trucking regulations to comparative negligence and vicarious liability, each aspect plays a crucial role in determining liability and seeking fair compensation. If you or someone you love was injured in a truck accident, consult with an experienced attorney who can help you pursue the justice you deserve.
At Dominguez Law, we will advocate for you and your family during this time of crisis. Call (505) 850-5854 or complete our contact form to schedule a free consultation to learn more about your legal options after a New Mexico truck accident. Our compassionate and aggressive team will do everything we can to protect your rights. We also speak Spanish.