Truck Accident Attorney in Carlsbad, NM

Compensation Available in a Truck Accident Case 

In the state of New Mexico, different types of compensation may be available to victims of truck accidents, including: 

• Economic damages. These damages are meant to compensate the victim for financial losses arising from the accident. Economic damages include medical expenses, loss of income, and loss of future earnings potential. 
• Non-Economic damages. These damages are intended to compensate the victim for the non-financial losses they have suffered. These might include pain and suffering, emotional distress, and loss of companionship.

Establishing Liability in a Truck Accident Case 

Proving a case for compensation after a truck accident can be challenging. The plaintiff must demonstrate that the defendant was negligent and that their negligence caused the accident. Additionally, the plaintiff must prove the damages they suffered and their resulting economic and non-economic losses.

Determining liability in a truck accident can be a complex process. Several factors can affect the outcome, such as the cause of the accident, who was involved, and the extent of the damages. In some cases, multiple parties may be held accountable for the accident, including: 

• The driver of the truck is often the first person to be investigated in determining liability. The driver may be held liable if they were driving under the influence of drugs or alcohol, texting or using their phone while driving, or driving recklessly. The driver may also be held accountable if there was a mechanical failure in the truck that they failed to report or if they were not properly trained to operate the truck.
• The trucking company may also be held liable for the accident. They may be responsible for ensuring that their drivers are properly trained, following all applicable laws and regulations, and driving safely. If the company failed to provide adequate training or failed to properly maintain their trucks, they may be held accountable for the accident.
• Third-party entities may also be held liable for the accident. For example, if the truck was carrying hazardous materials and the materials were not properly secured, the company that loaded the truck may be held accountable. Additionally, if the accident was caused by a defective truck part, the manufacturer may be held responsible.

The evidence required to prove liability and damages in a truck accident case may include: 

• eyewitness testimony, 
• police reports, 
• truck maintenance logs, 
• cell phone records, 
• medical records, and 
• expert testimony. 

The defense team may counteract this evidence by arguing that the victim was partly responsible for the accident or that their injuries were pre-existing. The opposing counsel may also present evidence to establish that you are partially at fault for the accident. 

New Mexico Comparative Negligence

Comparative negligence is a legal principle used in tort law to apportion blame and monetary damages in personal injury cases. In New Mexico, comparative negligence follows the rule of modified comparative fault with a 51% bar. This means that a plaintiff may recover damages reduced by their percentage of fault, as long as they are less than 51% responsible for the accident. If the plaintiff's percentage of fault is equal to or greater than 51%, they are barred from recovering any damages.

For example, if a plaintiff is found to be 30% at fault for a car accident that caused $100,000 in damages, they would only be able to recover $70,000 from the defendant. However, if the plaintiff is found to be 60% at fault for the accident, they would receive no compensation.

It is important to note that New Mexico follows the doctrine of pure comparative negligence. This means that even if the plaintiff is found to be 99% at fault for the accident, they can still recover damages. However, the amount of compensation they receive will be reduced by their percentage of fault.

Experienced Advocacy for Those Injured in Truck Accidents 

In New Mexico, claimants must file a personal injury lawsuit within three years of the date of the incident or within three years of their loved one’s passing (if they are filing a wrongful death suit). Thus, the sooner you contact a qualified attorney, the better. 

For nearly 25 years, Zebas Law Firm has been providing our clients with high-quality, reliable legal counsel in personal injury matters, including truck accidents. If you or a loved one have suffered injuries in a truck accident, our Carlsbad attorney can help you:

• Establish liability
• Calculate your damages 
• Collect evidence 
• Make informed case decision 
• Handle negotiations or litigation 
• Protect and fight for your right to fair compensation 

Get started on your case today and contact our Carlsbad truck accident attorney online or via phone at (575) 214-3888.