Truck Accident Lawyer in Albuquerque, NM

1. Get emergency medical care and make sure the police document the crash. Ask that the commercial driver's logbook and the truck's identification details be recorded.
2. Photograph the truck's USDOT number, license plates, trailer, cargo and all vehicle positions.
3. Have a lawyer send a spoliation (evidence preservation) letter to the trucking company immediately. Electronic logging device data, dash-cam video and dispatch records can be lawfully overwritten in as little as six months, and sometimes sooner.
4. Do not speak with the carrier's insurance adjuster or sign anything. Trucking insurers deploy rapid-response teams for a reason.
5. Follow all medical advice and keep a daily journal of symptoms, limitations and missed work.
6. Identify every potentially responsible company: the driver's employer, the truck owner, the trailer owner, the shipper and the maintenance contractor can all be different entities.

New Mexico generally gives injured people three years from the date of the injury to file a personal injury lawsuit in the Bernalillo County District Court. Miss that window and the court will almost always dismiss the case no matter how strong it is. Claims against a city, county or state agency usually have much shorter notice deadlines, sometimes only a few months.

New Mexico follows pure comparative negligence, which means you can recover damages even if you were mostly at fault, but your award is reduced by your percentage of fault. Insurance adjusters know this rule well and routinely try to shift blame onto the injured person, so what you say in the first days after an accident in Albuquerque matters.

New Mexico uses a traditional fault-based auto insurance system. The at-fault driver's liability coverage is the primary source of compensation, and drivers are only required to carry minimum limits of 25/50/10 (bodily injury per person / per accident / property damage, in thousands). Serious injuries routinely exceed those limits, which is why underinsured motorist coverage and a careful search for every liable party matter so much.

Cases that cannot be settled are filed in the Bernalillo County District Court. Most truck accidents in Bernalillo County resolve through negotiation with the insurer, but the credible ability to try the case locally is what produces fair offers.

• The truck driver, for speeding, fatigue, distraction, impairment or hours-of-service violations.
• The motor carrier, for negligent hiring, training, supervision, unrealistic schedules or pressure to skip rest breaks.
• The owner of the tractor or trailer when it differs from the carrier.
• The shipper or loader, when improperly secured or overweight cargo caused a rollover or jackknife.
• Maintenance contractors responsible for brakes, tires and lights.
• Manufacturers of defective truck components.

• Electronic logging device (ELD) and GPS data showing hours driven and speed.
• Driver qualification file, drug and alcohol test results and training records.
• Post-crash inspection reports and maintenance logs required by federal regulations.
• Dash-cam and in-cab camera footage.
• Bills of lading and weigh-station records for cargo weight.
• Expert reconstruction, which is routine in New Mexico truck cases that reach the Bernalillo County District Court.

Because truck crash injuries are often catastrophic (spinal cord injuries, traumatic brain injuries, amputations, severe burns and wrongful death), compensation claims in New Mexico frequently include lifetime medical care plans, lost earning capacity, home modifications and substantial pain and suffering. Federal rules require interstate carriers to carry at least $750,000 in liability coverage, and most carry $1 million or more, so meaningful recovery is usually available when liability is proven.

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See also: Truck Accident Claims: Liability, Federal Rules and Compensation, the truck accident practice area overview, the Bernalillo County injury guide and the New Mexico personal injury guide.