New Mexico Trucking Accident Laws

New Mexico has created specific laws for trucking accidents that can help protect injured victims and hold responsible parties accountable. These laws can be complex and overwhelming, especially for the people involved who are facing physical, emotional, and financial challenges. Whether you are a truck driver or a trucking accident victim,  it's vital to seek the advice of an experienced attorney who can help you protect your rights and pursue compensation for your injuries and losses.

New Mexico Trucking Laws

common types of truck accidents

Commercial truck accidents are a serious concern on our highways, with hundreds of thousands of collisions occurring every year. These collisions often have devastating consequences as well as about 4,000 fatalities annually. Understanding the common causes and types of commercial truck accidents is crucial in preventing these incidents. 

What Are the Most Common Types of Commercial Truck Accidents?

How To Sue a Trucking Company

If you get into an accident with an 18-wheeler or commercial vehicle, you’ll likely need to be familiar with the personal injury laws and wrongful death regulations in your state. You may have several options to pursue financial compensation for your medical bills, lost wages, pain and suffering, and other damages. Whether the collision was with a trucking company or a third party, the lawsuit will be subject to the state’s (where the accident occurred) statute of limitations. This means that the person filing must take legal action within a specified period of time, or else the case is barred from court. 

what does truck insurance cover

This guide looks at the various types of trucking insurance policies available, what they cover, how insurance companies and courts determine liability in truck accidents, and what policyholders can expect to pay for coverage. 

Trucking Insurance: What's Covered and What Isn't

Truck accident lawsuit cost

Almost all accidents involving cars and semi-trucks result in injury or property damage to one or both parties. This article provides information about hiring an attorney, how much your lawsuit might cost, and legal resources that can assist you in recovering from your accident. 

How Much Will a Truck Accident Lawsuit Cost? [2023]

evidence in truck accident lawsuits

After a truck accident, determining liability is often the primary concern. There can be a lot of conflicting information when trying to figure out the next steps. This guide provides tips and recommendations for compiling compelling truck accident evidence when filing a claim for compensation.

Evidence and Liability in Semi-Truck Accidents

What Is the 34-Hour Reset Rule?

The 34-hour reset rule plays a pivotal role in the trucking industry, primarily enhancing safety. Its fundamental purpose is to mitigate the risks associated with driver fatigue. This regulatory measure mandates that once a driver has exhausted their allowable driving hours, typically 60-70 hours within a 7 or 8-day window, they must observe an uninterrupted rest period of a minimum of 34 consecutive hours. During this reset, drivers are strictly prohibited from engaging in work-related activities.

Average Settlements for 18-Wheeler Accidents [2023]

If you have found yourself left with financial and physical burdens as a result of an 18-wheeler accident, you can seek compensation through the legal system. This article will discuss some of the typical settlements seen in 18-wheeler accidents and the factors that influence the final settlement amount to provide a clearer picture of truck accident settlements. 

Hiring a truck accident attorney

If you've never hired a lawyer before, the process can be daunting. Truck accident victims may need a specialized personal injury attorney; here's how to hire one.

How to Hire a Truck Accident Attorney

What to do after a truck accident

This guide is a valuable resource for trucking accident victims, providing clear and concise instructions on what to do in the immediate aftermath of an accident and in the days and weeks that follow. 

What to Do After a Truck Accident: A Step-by-Step Guide

You can contact the Albuquerque Police Department for non-emergency concerns at 505-242-COPS or 505-242-2677.

You can obtain traffic accident reports online through the official website of the City of Albuquerque. Each report costs $7.50. You can also get traffic accident reports in person from the Law Enforcement Center at 400 Roma, NW Albuquerque, NM. The center is open from Monday to Friday, 8 a.m. to 4:30 p.m.

An experienced Albuquerque truck accident lawyer can help conduct an extensive investigation and legally demand evidence to determine liability and calculate your damages. Unlike car crashes, there is usually more than one party at fault in a truck accident. Some of those potentially liable are the trucking company, the truck manufacturer, and the cargo loading company. This leaves the victim facing multiple insurers and large commercial companies. It is ideal to work with a lawyer to navigate these complexities and protect your interests.

In addition to the usual medical records, police reports, and expert and witness testimonies, below are some pieces of evidence that are important in proving liability in a truck accident case. Most of these are on board the truck or with the trucking company.
<ul>
<li>Collision mitigation and fleet monitoring systems</li>
<li>Electronic data recorders (EDR)</li>
<li>Video recordings</li>
<li>Trucker hours logs</li>
<li>Truck recall notices</li>
<li>Truck maintenance records</li>
<li>Cargo manifests</li>
</ul>

Interstate 40 which passes through Albuquerque and the U.S. 550 which starts off north of the city are two roadways where most truck accidents in New Mexico happen. The road from San Mateo Boulevard NE to Coors Boulevard NW within Albuquerque is also seen as a danger zone for truckers.

Only the personal representative of the decedent’s estate is eligible to file a wrongful death lawsuit under New Mexico law. Typically, this representative is an immediate family member, such as the spouse and child(ren). Any award of damages also goes to the surviving immediate family members. Wrongful death claims in Albuquerque must be filed within three years from the date of death.

Albuquerque’s location near interstate highways makes it a usual route for semi-trucks, 18-wheelers, and tractor-trailers. Jackknife accidents are the most common truck-related crash in the area. This is followed by underride, load/cargo spill, wide-turn, and rollover accidents. Driver negligence, such as drunk or distracted driving, and maintenance issues like brake failure and tire blowouts are common contributing factors in collisions.

A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:
<ul>
<li>Equipment owners, including leasing companies</li>
<li>Truck drivers who are reckless, intoxicated, or make mistakes</li>
<li>Trucking companies accountable for hiring and keeping records</li>
<li>Maintenance providers who are negligent or fail to perform routine tasks</li>
<li>Loading personnel in accidents caused by shifting loads</li>
<li>Third-party drivers, especially in multi-vehicle collisions</li>
<li>Equipment manufacturers that sell defective parts</li>
</ul>

In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:<ul><li>The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.</li><li>In negligence claims, the plaintiff must prove that the defendant breached this duty.</li><li>The plaintiff must show that they suffered damages or experienced harm.</li><li>Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.</li></ul>

Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:<ul><li>Inadequate or improper driver training</li><li>Severe weather, including rain, sleet, ice, and fog</li><li>Dangerous roadways, potholes, and construction zones</li><li>Improper loading, excess weight, and shifting cargo</li><li>Reckless driving involving intoxication or distractions</li><li>Faulty equipment, such as failing brakes</li></ul>

Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:<ul><li>Checking the truck driver’s record</li><li>Securing phone records to prove distracted driving</li><li>Photographing skid marks and road conditions</li><li>Verifying the truck’s weight and maintenance history</li><li>Establishing the driver’s physical and mental health</li><li>Reviewing logbooks to identify times of service violations</li><li>Checking for previous violations to establish a pattern of misconduct</li></ul>

In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.