New Mexico – October 27, 2020

Passenger vehicle drivers have frequent encounters with large commercial trucks traveling throughout the United States to maintain the nearly $700 billion dollar U.S. shipping industry,  resulting in widespread collisions between 18 wheelers and passenger vehicles throughout the nation.  In 2017, the National Highway and Safety Administration statistics revealed 4,657 fatal crashes in the United States involving large trucks, and more than 21 percent of those drivers involved had at least one prior speeding conviction. The Albuquerque Police Department was on the scene of a 5-vehicle pile-up on westbound I-40 at Tramway Tuesday morning. Police said the crash involved a semi-truck and an Albuquerque Police Department patrol officer who suffered non-life-threatening injuries in the crash.

Size discrepancy.

A typical tractor-trailer or other large truck can weigh as much as 80,000 pounds by law. Most passenger vehicles are about 3,000 – 4,000 pounds, and are significantly outsized by a semi-trailer. This size discrepancy leads to catastrophic injury and higher damages, along with the increased chance of wrongful death.

Even when a crash does not result in fatality, the size discrepancy can yield high levels of damage to property, and lifelong physical injuries, where the services of legal counsel are required. One government study revealed that driver fatigue played a large part in 31% of the cases causing death. Contact an experienced attorney to assist with catastrophic personal injury and wrongful death legal action to determine if driver fatigue, improper maintenance, or faulty equipment caused the accident.

Insurance requirement.

Despite New Mexico’s requirement to carry auto insurance, New Mexico is among the top five states with the highest rates of uninsured motorists in the United States.  It may be difficult to recover compensation from insurance companies requiring the services of a car accident attorney who can assist with payment recovery options related to a car accident.  In cases of fatal injury, a personal representative must file a wrongful death claim in New Mexico with the assistance of a wrongful death attorney to secure damages.

Financial responsibility for damages will be determined under New Mexico’s “fault” system, where compensation is based on percentages of fault assigned to each party to an accident. Negligence is easier to prove if the other driver was driving recklessly, breaking traffic laws, or intoxicated at the time of the accident. It is prudent to seek legal counsel because civil and criminal case outcomes associated with personal injury and wrongful death claims can vary and an accident attorney has access to a team of experts to build a winning case.

Damages.

Accident victims have the right to pursue compensation from negligent drivers under New Mexico law, within the three year statute of limitations to initiate a legal proceeding.   Personal injury and wrongful death attorneys can file a claim for damages including medical bills, lost wages, pain and suffering, and funeral expenses when wrongful death occurs.

Seek legal counsel.

Damages may be costly when car accidents result in catastrophic life altering injury, or death.  It is imperative to seek experienced legal counsel at the Law Offices of Brian K. Branch who can guide the path and soften the emotional battles, while navigating a comprehensive settlement to cover losses related to a car accident.

The Law Office of Brian K Branch

715 Marquette Ave. NW
Albuquerque, New Mexico 87102
Tel: 505.764.9710
Toll Free: 888.972.1212
Fax: 505.764.9722

 

Sources:

 https://www.kob.com/albuquerque-news/5-vehicle-pile-up-on-i-40-prompts-closure-at-tramway/5906980/

https://laws.nmonesource.com/w/nmos/Chapter-41-NMSA-1978#!b/41-2-1

https://laws.nmonesource.com/w/nmos/Chapter-41-NMSA-1978#!b/41-2-3

https://www.insurancejournal.com/news/national/2018/03/15/483414.htm

 

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