Las Cruces Truck Accident Lawyer

Las Cruces Truck Accident Attorney

A collision between a large commercial truck and a smaller passenger vehicle typically results in more than just property damage. Such accidents can cause personal injury or death and can affect your livelihood and your family’s feeling of safety. If you or someone you love has been injured or killed in a trucking accident, an experienced truck accident lawyer can help you understand your rights and options for pursuing justice.

Hire a Truck Accident Lawyer

The attorneys at Egolf + Ferlic + Martinez, LLC have big-firm experience, with the close attention you would find in a much smaller practice. We provide the highest level of personal dedication to the needs of each client, with the belief that zealous advocacy is the most effective tool to achieve justice.

Understanding Truck Accident Laws in New Mexico

Trucking is one of the most highly regulated industries in the country. Federal and state regulations establish guidelines for everything from vehicle maintenance and repair to driver hours and load limits, and when those guidelines are not followed, the results can be deadly. In New Mexico, state law allows those who have been injured or families who have lost loved ones to seek financial recovery for the damages that they have endured.

The Motor Transportation Police Division Policies & Procedures set forth the size and weight requirements for motor vehicles in New Mexico. When trucking companies or truck drivers violate these regulations, they are endangering everyone else on the road.

Truck drivers and their employers must also comply with the Federal Motor Carrier Safety Regulations (FMCSR), Title 49 of the Code of Federal Regulations, which sets forth safety standards for things like hours-of-service and vehicle maintenance and inspection. Violations of federal safety regulations, such as a failure to inspect brakes or failure to keep maintenance records, can be used as evidence of negligence in a New Mexico civil claim.

Common Causes of Truck Accidents

In 2022, heavy trucks contributed to 7.9% of crashes. However, they contributed to 17.8% of fatalities. This equaled 3,235 crashes involving heavy trucks and 83 fatalities. Some of these causes of truck accidents include:

• Driver distraction. The likelihood of an accident increases if the driver is distracted, such as trying to adjust the GPS or texting while driving.
• Driver fatigue. Truck drivers often must work long hours without breaks. While there are laws in place that limit how many hours a truck driver can drive in each period, if a driver exceeds this by choice or is forced to by their employer, this increases the likelihood of an accident, as a fatigued driver’s response times might not be as sharp as they could be.
• Insecure cargo. Cargo loaders can be responsible for an accident if improperly or overly loaded cargo causes an imbalance on the truck, resulting in a serious accident.
• Negligent employer practices. This can include hiring someone who is not equipped to drive a truck, neglecting safety measures, or failing to perform routine maintenance.

The Impact of Truck Accidents

Truck accidents cause enormous losses. Catastrophic injuries can require years of rehabilitation, or they can claim a loved one’s life in an instant. The impact is physical, of course, but also emotional. Victims and families are left to grieve, to worry, to deal with financial ruin, and to wonder what lies ahead.

Children, spouses, parents, friends, and sometimes entire communities suffer losses. When companies and drivers gamble with other people’s safety, holding them accountable for a truck accident claim isn’t just about financial compensation. It’s about building a better tomorrow. It’s about making sure that New Mexico roads aren’t littered with people driving recklessly, poorly maintained vehicles, and companies that don’t prioritize safety.

FAQs

Is New Mexico a No-Fault State for Car and Truck Accidents?

No. New Mexico is a fault-based state. This means that whoever caused the crash is liable for paying damages. A victim can file a claim against the at-fault driver’s insurance or a personal injury claim to recover medical bills, lost income, and other financial losses resulting from the accident. If the victim passed away, the surviving family could file a wrongful death claim.

What Happens If You Have an Accident as a Truck Driver?

Accident investigations may be launched by state and federal safety agencies. Employers, insurers, and sometimes government agencies will audit driving logs, maintenance records, and compliance with Federal Motor Carrier Safety Regulations. If negligence caused injury or wrongful death, the driver and trucking company may both be liable for damages in court.

How Long After an Accident Do You Have to File a Claim in New Mexico?

In most personal injury and wrongful death cases in New Mexico, you have three years from the date of the accident to file a claim. If you wait too long, your case may be dismissed. Don’t delay, contact an attorney immediately so that he or she can protect your rights and make sure all important deadlines are met.

How Much Are Most Truck Accident Settlements?

Every case is different, and the settlements range from minor injury property damage claims to those involving serious personal injuries and wrongful death in Las Cruces. The amount depends on many factors, such as medical bills, the severity of injuries, property damage, permanency of the injuries, the cost of future medical care and rehabilitation, and the impact on the victim’s emotional well-being.

Las Cruces Truck Accident Lawyer

If you or a loved one has suffered injury, wrongful death, or other losses due to a truck accident, you may have grounds for a claim. Hire a truck accident lawyer at Egolf + Ferlic + Martinez, LLC. A truck accident attorney can help you hold the responsible party accountable and fight for compensation for you. Contact us today for a consultation.