Albuquerque Truck Accident Attorney

Proving Negligence in New Mexico Truck Accidents

Our passionate lawyers understand the damage that commercial truck accidents can do in the lives of New Mexico residents, which is why we’re here to fight for justice on behalf of the injured in Albuquerque. 

Whether you sustained life-altering injuries in a truck accident or are seeking compensation as a surviving relative after a wrongful death, it’s imperative to work with a qualified attorney with a comprehensive understanding of state personal injury laws to give yourself the best possible chance of succeeding in court. 

An experienced truck accident attorney can collaborate with you to prove negligence and establish liability, a nonnegotiable part of obtaining compensation in any personal injury lawsuit. Four key elements must be established to determine liability in truck accidents, including:

• Duty of Care – The plaintiff must show that the truck driver had a duty to operate their motor vehicle safely and lawfully on New Mexico roads.
• Breach of Duty – The plaintiff must prove that the truck driver breached the aforementioned duty of care by behaving negligently or carelessly. 
• Causation – The plaintiff is responsible for proving that this breach of care resulted in the ensuing injuries (“damages”). 
• Damages – The injuries sustained as a result of the truck driver’s negligence must be compensatory or “recoverable,” meaning that the victim can achieve relief through monetary awards in court.

4 Steps to Take After a Truck Accident

Being involved in a truck accident can be disorienting and overwhelming, often leading to shock and confusion for injured victims in Albuquerque. To make a full recovery and obtain the compensation you need for medical costs and related damages, it’s important to work with a licensed personal injury attorney who can guide your steps with wisdom and integrity, allowing you to focus on healing.

After sustaining injuries in a trucking accident, injured parties can take the following steps to safeguard their health and financial security: 

1. Seek medical attention – First and foremost, it’s imperative to seek medical treatment as soon as possible after a truck accident, even if there are no immediately obvious injuries sustained. In some cases, victims may suffer unknown injuries that can lead to severe or fatal effects if left untreated, such as internal bleeding, bruising, or traumatic brain injuries (TBIs). At the very least, seeking medical care can help ensure that your injuries aren’t life-threatening and create a paper trail of evidence that may be invaluable in court.
2. Seek counsel from a qualified personal injury attorney – An experienced personal injury lawyer can assess the unique details of your case and recommend the appropriate legal recourse to take. It’s crucial to work with a qualified legal advocate with an in-depth understanding of personal injury laws in New Mexico to maximize your chance of obtaining maximum compensation. 
3. File your personal injury claim as soon as possible – The statute of limitations to file a personal injury claim after a New Mexico truck accident is 3 years, making it all the more vital for plaintiffs to file their claim sooner rather than later after suffering an injury in a trucking accident.
4. Document all relevant evidence – Your lawyer can assist you in the collection, organization, and presentation of sufficient evidence that is relevant to your case, fortifying your claims with as much proof as possible to secure the justice and full compensation you deserve. It’s important to keep track of all relevant materials, such as photographs, video footage (such as from CCTV or security cameras at the scene of the accident), medical records from treating physicians and clinics, and witness statements, among others.

Recoverable Damages in New Mexico Truck Accidents

“Recoverable damages” in truck accident lawsuits refer to the compensation that a victim can claim for the losses incurred due to the accident. Generally, recoverable damages can be divided into one of these categories:

1. Economic Damages – These are out-of-pocket expenses that can be calculated and verified, such as medical bills, rehabilitation costs, lost wages, and property damage.
2. Non-Economic Damages – These are subjective, non-monetary losses that are harder to quantify. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
3. Punitive Damages – These are awarded in cases where the defendant's behavior was particularly egregious or reckless. Punitive damages are not meant to compensate the victim but rather to punish the defendant and deter similar behavior in the future.