Starting A Truck Accident Claim In New Mexico (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
- Why Trucking Cases Are Different in New Mexico
- Step-by-Step Process to File a Truck Accident Claim
- Common Failures That Lead to Truck Crashes
- Liability and Fault Rules in New Mexico
- Evidence and Investigation for a Strong Claim
- Deadlines and Time Limits in New Mexico
- Getting Legal Help and a Free Case Review
Summary
- Pure comparative negligence laws make New Mexico truck accidents complex
- You typically have three years to file a claim
- The stronger your evidence, the better chance your claim has to succeed
Suffering injuries in truck accidents can mean facing significant medical expenses and the inability to work as you heal. The good news is that, under state law, you may be eligible to file a truck accident claim in New Mexico.
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Why Trucking Cases Are Different in New Mexico
A key challenge that you can encounter when filing a truck accident claim in New Mexico is that the state has pure comparative negligence laws. These allow you to still recover losses even if you’re 99% to blame, but your percentage of liability will reduce what you recover.
Since truck accidents often involve numerous parties, pure comparative negligence can prompt insurance companies to place as much blame on you as possible so that they don’t have to pay out what you deserve.
Step-by-Step Process to File a Truck Accident Claim
Before filing a truck accident claim, you need to get medical care, report the accident, gather evidence to establish liability and speak with a New Mexico personal injury lawyer. Your lawyer can then file the claim against the other party’s insurance and begin negotiating for a settlement.
Free Truck Accident Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
Common Failures That Lead to Truck Crashes
In New Mexico, a major cause of truck crashes is distracted driving. Fatigued and intoxicated driving are all too common as well. Speeding is sometimes the culprit, and in other instances, loading errors can cause collisions, as can faulty truck parts.
Liability and Fault Rules in New Mexico
A truck accident claim in New Mexico can involve multiple parties. The trucker is usually responsible, but the company that employs them could also be to blame because of vicarious liability laws. Additionally, the loading company could be at fault, as well as the manufacturer of the truck or its parts.
Because of the state’s pure comparative negligence laws, all liable parties can be held responsible for their share of fault.
Free Truck Accident Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
Evidence and Investigation for a Strong Claim
An important piece of evidence in these claims is the black box data from the truck. This can provide a wealth of information, such as how long the trucker was behind the wheel and what their speed was. Your attorney can obtain this data and other evidence as they investigate your accident.
Deadlines and Time Limits in New Mexico
You generally have three years from the date of the accident to file a claim in New Mexico.
Free Truck Accident Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
Getting Legal Help and a Free Case Review
If you have suffered injuries in a New Mexico truck accident, it’s essential to hire an attorney to assist you through this process. At ConsumerShield, we can connect you with experienced local lawyers to represent you. Contact us to get started.
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Frequently Asked Questions
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Personal injury lawyers don’t typically charge upfront fees. They work on a contingency fee basis, so they get paid only if you do.
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The severity of the injuries, the amount of evidence available and your degree of liability can all impact what your claim is worth.
