Every year, there are hundreds of thousands of truck accidents in America. While that is only a fraction of the number of car accidents in the U.S., truck accidents are more likely to result in serious injuries or death. This means that victims of truck accidents may need to file a truck lawsuit to get compensation for their injuries.
Lawyers help their clients navigate the complex courthouse procedures and paperwork that dominate most civil lawsuits.
New Mexico Statute of Limitations for Truck Accident Cases
When someone files any type of lawsuit in New Mexico, they are subject to state laws that regulate civil legal procedures. One of those laws dictates how long after a truck accident an injured party can wait before filing a claim. This law is called the statute of limitations.
The statute of limitations for personal injury claims in New Mexico is typically three years. If a litigant fails to file a lawsuit by the deadline, the claim may be dismissed by the presiding judge.
New Mexico Law for Truck Drivers
Truck drivers are regulated more strictly than car drivers, and that regulation also affects all people involved in truck accidents. Anyone involved in a truck accident may need to be aware of the following laws and regulations.
- Truck drivers must have a CDL. New Mexico applies Federal Motor Carrier Safety Administration (FMCSA) regulations to all semitruck drivers in the state. Anyone without a New Mexico commercial driver’s license (CDL) or an equivalent from another state may not drive such a truck.
- Vicarious liability rules. New Mexico has vicarious liability standards, which means that employers are accountable for the actions of employees while they are working. This means that accident victims may be able to sue the truck company as well as the driver.
- Limits on government lawsuits. If the truck accident involved a government worker, you must notify the government of intent to pursue the claim within 90 days. You also have only two years to sue, and damages are capped.
Identifying Fault for Truck Accidents in New Mexico
New Mexico is an at-fault state. This means when two parties are involved in a truck accident, injured parties file a claim with the insurance company of the responsible party. If the claim is not settled, the injured party can file a lawsuit against the driver, the trucking company and any insurance companies that represent them.
The process is complicated by pure comparative negligence regulations. These are the standards that the courts use when determining whether a claimant can receive compensation and how much compensation they receive.
Under pure comparative negligence rules, a claimant can receive compensation even if the claimant is partially or mostly responsible for the injuries they received. Any reward the claimant receives from a jury verdict will be reduced by a percentage equal to the percentage that the claimant was found to be responsible for their injuries.
This makes identifying fault incredibly important in a truck accident claim. Typically, the more evidence that the injured party can produce to show the other side was responsible, the more money they will receive.
While comparative negligence regulations technically apply only to jury verdicts, they effectively apply to insurance settlements as well. Insurance companies are aware of this standard and will offer reduced settlements when the evidence suggests that the injured party was partially or mostly responsible for the injuries they suffered.