| Read Time: 3 minutes | Truck Accidents
Statute of Limitations for Truck Accident NM

An accident with a large commercial truck often results in severe injuries or death.

The size of semi-trucks and high speeds can combine to create very hazardous situations.

After the trauma of such a crash, it can be overwhelming to try to understand the requirements for filing a lawsuit, negotiating with insurance companies, and gathering vital evidence.

But these activities are necessary if you want to recover compensation for your injuries and move forward with your life.

Contact a New Mexico truck accident attorney to obtain the compensation you deserve. 

What Are the Main Causes of Truck Accidents? 

As with car accidents, multiple things can cause truck accidents.

After an accident, your attorney reviews the facts surrounding your case to determine whether a truck driver’s actions caused your accident. 


Many truck drivers spend hours on the road. Despite extreme fatigue, many drivers insist on continuing interstate travel to keep up with deadlines and company demands. 

Driver Error 

Truck drivers must complete and obtain a driver’s license to operate large semi-trucks. Despite these requirements, truckers may still commit driver errors resulting in accidents. 

Failure to Maintain Vehicle

A truck driver failing to maintain their vehicle may result in an accident.

Tire blowouts, brake failures, and other issues often create dangerous conditions that cause serious injuries to other innocent drivers. 

What Is the Truck Accident Statute of Limitations in New Mexico? 

A statute of limitations is a law defining the amount of time one has to file a lawsuit against potentially liable parties.

Failing to file a lawsuit during this time generally waives your right to bring a case later.

While exceptions may exist for specific circumstances, these exceptions are rarely granted and should not be relied upon. 

A New Mexico truck accident statute of limitations is the same limitations period imposed on other personal injury lawsuits.

As a guideline, the statute of limitations for personal injury cases in New Mexico is as follows: 

  • Two years from the date of the accident for a claim against a governmental entity, including a 90-day tort claim notice from the date of the accident; 
  • Three years from the date of the accident for personal injuries suffered; 
  • Three years from the date of the victim’s death, if a loved one died from their injuries and you must file a wrongful death action; and 
  • Four years after the date of the accident, if the victim suffered only property damage. 

What Should I Do After an NM Truck Accident? 

After a trucking accident, you may be disoriented, hurt, and overwhelmed.

While no one anticipates their involvement in a New Mexico semi-truck accident, understanding what to do may better prepare you. 

Seek Medical Attention 

Even if you believe yourself unhurt, seek medical attention immediately after an accident.

Seeking prompt medical attention increases your chances of recovering compensation quickly and leaves a paper trail that documents your injuries. 

Report the Accident 

Report your accident to law enforcement as soon as you can.

When law enforcement reports to the scene, they must create an accident report which makes an official record by an unbiased third party.

Your attorney uses this accident report to build a strong case on your behalf. 

Document the Accident

Even with an accident report, you must write down all the details you recall after an accident. Memories fade quickly.

If you are physically able, take photographs to document the scene, including the vehicles involved, your injuries, weather conditions, road conditions, and other similar details. 

Contact an Attorney 

Speak with an attorney as soon as possible to discuss your legal options.

An experienced lawyer reviews the facts of your case and explains the rights and remedies available to you.

An attorney may also assist in negotiating favorable settlement terms and getting you the compensation you need and deserve. 

Contact Us 

The experienced legal team at Tawney, Acosta & Chaparro P.C. focus on assisting clients suffering serious injuries from truck crashes throughout New Mexico.

Our team can meet with you at several locations with offices in Las Cruces, El Paso, Albuquerque, and Carlsbad. We understand the stress and anxiety you are feeling.

With mounting medical expenses and disruption to your personal life, we know you may be at a loss for how to move forward.

Injuries suffered in truck accidents create a severe impact on your life, but we are here to help.

Don’t fight the insurance companies on your own. Contact us today to find out how we can assist you! 

Author Photo

James Tawney

James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.

Rate this Post

1 Star2 Stars3 Stars4 Stars5 Stars