Rio Rancho Truck Accident Lawyers

Why Choose a Rio Rancho Accident Lawyer at Tawney, Acosta & Chaparro P.C.?

We are leaders in New Mexico truck accident claims. Our attorneys understand the roads and highways around the Rio Rancho area, and we are well-versed in the federal and state laws implicated in truck accidents.

Our firm operates on a contingency arrangement. This means that there are no upfront fees or out-of-pocket expenses. We get paid after we secure compensation on your behalf, and our fees come out of your settlement or award. If we don’t win your case, we don’t get paid. You won’t owe us anything.

Contact us for a free case evaluation with one of our seasoned attorneys.

Do I Need a Rio Rancho Semi-Truck Accident Lawyer?

Truck accident cases are one the most complex personal injury claims. Multiple parties may be involved, convoluting the identification of responsibility and distribution of liability. Injuries tend to be more severe and complicated—which means you need a lawyer with the right experience and background to accurately calculate damages.

Dealing with Insurers

Also, no matter which party is responsible for the truck accident, you will most likely be dealing with their insurance company. The mission of any insurance company is to maximize its profits. To do this, they aim to pay as little as possible to injured victims like you.

During negotiations, their first offer generally will likely be well below what your damages are worth. Furthermore, insurance companies often work hard to place as much of the blame for the crash back onto you because the more liability they can pass onto you, the less they have to pay. Why? Because New Mexico is a pure comparative negligence state.

Pure Comparative Negligence—Shifting the Blame

This means that, even if you are partially at fault for the crash, you can still get compensated for your losses. But, your compensation is reduced by your percentage of fault.

For example, suppose you had $10,000 in damages and you were found to be 60% at fault. You could recover 40% of your losses in this scenario—or $4,000. Even if you were 99% responsible for the accident, you can still recover 1% of your losses in a pure comparative negligence state like New Mexico.

Taking it to Trial

In the event that negotiations fail to produce an acceptable outcome, your lawyer can file a lawsuit and take your case to trial. This is a very complex and highly technical undertaking, and you need your lawyer for many things, including gathering evidence, deposing witnesses, and presenting your case to the jury.

What Are Common Causes of a Truck Accident?

Common causes of truck accidents include the following.

Fatigued Driving

Driving while fatigued can make it harder to fully comprehend situations and make good decisions. Although this can happen to all drivers, it is common for truckers because they drive for longer periods than most.

The federal government recognized this and has placed restrictions on how long a truck driver can drive before they must take a break. They also mandated the number of hours that must pass between shifts. However, drivers sometimes don’t follow these rules. And, even when abiding by the rules, fatigued driving can still occur.

Distracted Driving

Distracted drivers don’t give their full attention to the road. Eating, drinking, operating the GPS, or even changing the radio station are examples of distracted driving. Technology use and dependence have exacerbated distracted driving problems.

Failure to Follow Traffic Laws

Traffic laws are put in place to prevent accidents by controlling traffic flow. Common traffic violations include the following:

• Speeding,
• Running a red light,
• Failing to stop at a stop sign,
• Failing to yield, and
• Failing to use proper turn signals.

When a truck driver does not abide by these rules, the consequences can be disastrous.

Intoxication

Anyone under the influence of drugs or alcohol has difficulty driving competently. Alcohol or drugs impair cognitive thinking and judgment.

Truck Maintenance

Improper or inadequate maintenance can cause serious truck malfunctions. Truck company owners must ensure their trucks receive regular maintenance to fix any issues that arise.

Unsecured Truck Cargo

Trucks can carry just about any type of cargo—from cement to appliances to logs to dangerous substances. Those who load trucks must properly secure the cargo. If cargo is not secured, it can fall off the truck and onto the road. Or, unsecured cargo can shift from side to side, causing the driver to shift lanes or lose control of the truck.

Overloaded Cargo

All trucks have a maximum weight limit. If the loader exceeds the weight limit, it may be more difficult for the driver to control the vehicle. Overloaded cargo can also cause tires to fail. If this happens when the truck is moving at a fast speed, it can cause a tragic accident.

How Long Do I Have to File a Truck Accident Claim?

You must file your claim by the deadline—which is called the statute of limitations. The deadline to bring a truck accident claim in New Mexico is three years. Once this deadline passes, you generally cannot recover compensation.

These deadlines serve vital functions, including the following:

• Preservation of evidence. Over time, evidence may be lost or misplaced. Establishing a deadline to bring claims promotes the quick collection and retention of evidence.
• Preservation of memories. Testimony of the parties and witnesses to an accident can play a central role in determining liability. Because memories can fade or become distorted, claims should be filed right away to help ensure more accurate statements.
• Preservation of fairness. It can be unjust to hold the threat of a lawsuit over someone’s head indefinitely. Therefore, the statute of limitations allocates a timeframe to bring your claim, prohibiting the claim once the timeframe is over.

It is essential to safeguard your claim and secure legal representation after an accident as soon as possible.

What Expenses Can I Recover in a Truck Accident?

After a truck accident, you can recover both economic and noneconomic damages. Economic damages are quantifiable. You can prove these damages with medical bills and evidence of income, such as tax documents and paystubs.

Noneconomic damages, on the other hand, are more challenging to determine because they are less tangible and more subjective. Therefore, the amount you can receive depends on the facts of your case. Let’s take a look at the types of damages for which you can be compensated.

Medical Expenses

You can recover any current and future medical expenses related to the accident, including the following:

• Hospital stays,
• Surgeries,
• Doctor consultations,
• Rehabilitation,
• Therapy,
• Follow-up appointments,
• Prescriptions, and
• Home care.

Our truck accident attorneys will combine all of this information to calculate your total medical expenses.

Lost Wages

After an accident, you most likely took time off work to recover, and this missed income is recoverable. Suppose you make $5,000 a month. If you had to take six weeks of unpaid time off work after a truck accident, you could seek to recover your lost income of $7,500.

You may get additional compensation if your injuries affect your future earning capacity.

Pain and Suffering

The injuries you suffer from a truck accident can be debilitating and excruciating. You can recover damages for the pain and suffering you endure.

Emotional Distress

Being the victim of a truck accident is a traumatic experience. Severe psychological and mental issues can ensue as a result. If so, you may be able to claim damages for this emotional distress.

Loss of Enjoyment of Life

Your injuries can prevent you from doing the things you used to do before the accident. This loss of enjoyment can be recoverable by proving that you cannot do the activities you used to (e.g., biking, exercising).

Contact Us for a Free Consultation

With decades of combined legal experience, our lawyers at Tawney, Acosta & Chaparro P.C. are at your service. We will review your case and explain your legal options. Don’t settle for less. Our law firm has the resources and expertise necessary to fight for you and your family.

Contact our office now to schedule an appointment with one of our truck accident attorneys.