Las Cruces Truck Accident Lawyer
Truck accidents are often devastating, leaving victims and their families grappling with significant injuries, financial burdens, and emotional trauma. If you or a loved one has been involved in a trucking accident, having a compassionate and experienced Las Cruces truck accident lawyer can make a meaningful difference as you embark on the path to recovery.
With over 50 years of experience serving the people of New Mexico, the Branch Law Firm is dedicated to fighting for justice while providing unwavering support to those affected by truck crashes.
The Complexities of Truck Accident Cases in Las Cruces
Truck accidents differ from typical motor vehicle crashes due to not only the devastating impact of injuries sustained but also the involvement of commercial trucks and the unique regulations governing them. Federal and state trucking laws impose strict requirements on truck drivers and their employers to ensure safety on the road. Violations like fatigued driving, improper loading, or inadequate maintenance often play a role in these collisions.
As your Las Cruces truck accident lawyers, we review all the details of your case and gather all available evidence, including truck driver logs, maintenance records, and witness testimonies, to uncover the root cause of the crash. A thorough investigation is crucial to building a strong case.
Comparative Fault in New Mexico Truck Accidents
Comparative fault determines how liability is allocated when more than one party is responsible for causing a truck accident. The state of New Mexico follows a comparative negligence rule, which allows individuals to recover damages even if they are partially at fault for the accident. Under New Mexico’s comparative fault system, each party involved in a truck accident may have their compensation reduced by their percentage of fault.
This system differs from modified comparative negligence used in other states, where individuals may be barred from recovering damages if their fault exceeds a certain threshold (e.g., 50% or 51%). In New Mexico, there is no such threshold, meaning even if you are 99% at fault, you can still recover 1% of your damages.
Some practical implications of comparative fault include:
- Shared Fault Scenarios. If both drivers in a collision are found to have violated traffic laws, a court or jury decides the degree of fault for each party.
- Insurance Claims. Insurers use comparative fault principles to adjust settlement offers, often reducing payouts based on the claimant’s share of fault.
- Multiple Defendants. In cases involving multiple parties, each defendant’s liability is proportionate to their level of fault, ensuring that no one pays more than their fair share.
Common Causes of Truck Crashes in Las Cruces
While every accident is unique, certain factors are frequently responsible for collisions involving commercial trucks in Las Cruces and Doña Ana County. These include:
- Driver Fatigue. Long hours behind the wheel can impair a truck driver’s judgment and reaction time.
- Improper Loading. Uneven or overloaded cargo, especially in trucks coming and going from construction sites, can cause trucks to tip or lose control.
- Mechanical Failures. Poorly maintained brakes, tires, or other critical components can lead to deadly crashes.
- Negligent Hiring Practices. Trucking companies that fail to properly vet or train their drivers may contribute to unsafe conditions.
Understanding these causes enables our legal team to tailor our approach to the unique circumstances of your case.
Injuries Associated With Truck Accidents
Due to the sheer size and weight of commercial trucks, injuries from these crashes are often catastrophic. Victims may suffer from:
- Traumatic Brain Injuries (TBI). An impact to the head can lead to lifelong cognitive and physical impairments.
- Spinal Cord Damage. Serious cases may result in partial or complete paralysis.
- Broken Bones and Internal Injuries. The force of a collision can cause extensive fractures and internal organ damage.
- Wrongful Death. Tragically, many truck accidents result in fatalities, leaving families to pursue justice for their loved ones.
No matter the severity of the injuries, the Branch Law Firm is here to guide you through the legal process with care and determination.
Pursuing Compensation After a Truck Accident
Victims of truck accidents in Las Cruces have the right to seek compensation for their losses. This may include:
- Medical Expenses. Coverage for current and future treatment related to the crash.
- Lost Wages. Reimbursement for income lost during recovery and diminished earning capacity.
- Pain and Suffering. Compensation for the physical and emotional toll of the accident.
- Funeral Costs. For cases involving wrongful death, families may recover the financial burden of burial expenses.
At the Branch Law Firm, we handle every unique case with precision while leveraging decades of experience to ensure that you receive the compensation you deserve.
Why Choose the Branch Law Firm?
With a proven track record spanning more than five decades, our law firm has handled numerous truck accident cases in Las Cruces and beyond. We approach each client with compassion, and our commitment to securing a fair outcome is unmatched. By combining legal experience with personalized attention, we help accident victims navigate the complex process of filing claims and negotiating with insurance companies.
FAQs
Q: What Should I Do Immediately After a Truck Crash?
A: The first thing you should always do if you are involved in an accident is to seek immediate medical attention for any injuries, even if you feel fine. Some injuries take longer to reveal themselves, and even shock can fool you into thinking you are unscathed. Next, document the scene, gather contact information from witnesses, and notify law enforcement. Contact a lawyer as soon as possible to discuss your options.
Q: Who Can Be Held Liable in a Trucking Injury Case?
A: In a truck accident case, liability could fall on multiple parties, including the truck driver, the trucking company, maintenance providers, or even manufacturers of faulty truck parts. Our attorneys can review your case and thoroughly examine the particulars to determine who was at fault. Armed with this information, we can build a strong personal injury case and tailor our strategy to advocate for a favorable outcome.
Q: How Long Do I Have to File a Truck Accident Claim in New Mexico?
A: In New Mexico, the statute of limitations for personal injury cases is typically three years from the date of the accident. However, wrongful death claims must be filed within two years. This means that the clock is ticking, so the sooner you seek legal counsel, the better. Promptly consulting with the Branch Law Firm can ensure that your case is handled within the required timeframe.
Q: What If the Truck Driver Was Uninsured?
A: Uninsured truck drivers complicate claims, but other parties, like the trucking company, may still be held accountable. Additionally, your own uninsured motorist coverage may provide compensation in these scenarios. The optimal course of action is to have one of our attorneys review your case so we can properly advise on the most appropriate path toward compensation.
Contact Branch Law Firm Today
If you or someone you love has been injured in a commercial truck accident, you should seek immediate legal help. The experienced legal team at the Branch Law Firm is here to help you seek justice and move forward with confidence. Contact our team today for a consultation, and take the first step toward rebuilding your life.