Santa Fe County Truck Crash Lawyers

Crashes between two passenger cars can cause any number of physical injuries or emotional trauma due to the impact and aftermath—but in our experience, when the crash involves one or more commercial trucks, the average scale and severity of the resulting injuries increases dramatically. Our Santa Fe County truck crash lawyers at Buchanan Law Firm, LLC have helped numerous victims of truck crashes claim compensation for the injuries and damages they suffered—no matter how severe.

What Causes Truck Crashes in Santa Fe County?

Several factors—human error, road conditions, and mechanical failure—can cause truck crashes. While many of these factors generally contribute to vehicle crashes, some affect commercial drivers.

Shipping companies often require their drivers to operate under tight schedules. If a driver attempts to meet these deadlines and forgoes sleep or rest periods, their exhaustion can dull their reaction speed, cause microsleeps, and increase their chances of getting into a crash.

The size and mass of commercial trucks can also contribute to possible crashes: in bad weather or poor road conditions, if a driver loses control of their truck, the velocity of the vehicle may make it impossible for them to regain it.

However, some factors have nothing to do with the driver: if a maintenance company fails to inspect a certain mechanical part or do their due diligence during regular maintenance, a brake failure or burned-out headlight could lead to a jackknife or head-on crash at night. If the shipping company’s employees improperly load the cargo, an imbalance could compromise a driver’s ability to operate the truck safely.  

What Should You Do After a Truck Crash in Santa Fe County?

If you get involved in a truck crash, prioritize your health and safety by getting yourself and any passengers out of the flow of traffic. Truck injuries more often lead to severe external and internal injuries, so even if you do not feel hurt, call 911 as soon as possible to report the crash and request medical attention.

If you can do so safely, take photos of the scene and record your experiences on a notepad or voice memo on your phone. Gather insurance information from all other drivers involved in the crash and contact information from any eyewitnesses.

Who Is Liable for a Truck Crash in Santa Fe County?

If you are involved in a truck crash and need to file a claim against the at-fault entity, the potential number of parties involved in a single truck crash can complicate the process of assigning responsibility.

For instance, the Federal Motor Carrier Safety Administration (FMCSA) sets specific regulations for drivers, which include limits on the number of hours they can drive without taking a break. If the driver violates these regulations or an employer implicitly or explicitly forces their workers to skip their breaks in favor of tight deadlines, you could hold the driver or the company liable.

If an investigator discovers a mechanical malfunction during the post-crash scenario that likely caused the crash, you could hold the maintenance company responsible for any injuries you suffered. Additionally, if you discover that the driver did not possess the proper credentials to drive a truck, but the shipping company hired them anyway, you could file a claim or lawsuit against the company.

How Is Compensation Determined in a Truck Crash Case?

The amount of compensation you can receive after a truck crash in Santa Fe County depends on various factors: the severity of your injuries, the extent of your property damage, and whether you partially contributed to the crash. Under New Mexico’s pure comparative negligence law, the court will reduce your compensation by the percentage they find you at fault for the collision. So, if they find you 30% at fault for the incident, you can still recover 70% of your payout.

You can recover economic and non-economic damages. Economic damages are quantifiable losses, such as medical bills. Non-economic damages, like pain and suffering or loss of companionship, do not have a set dollar value.

If the court determines that the trucking company, driver, maintenance crew, or other at-fault party acted particularly recklessly or egregiously, they may award you with additional punitive damages to punish the at-fault entity’s behavior and discourage future-like actions.  

How Long Do You Have to File a Truck Crash Claim in Santa Fe County?

The New Mexico statute of limitations typically gives you three years from the crash date to file a personal injury lawsuit against the at-fault party. You could forfeit the right to collect compensation if you miss this deadline—but some exceptions apply.

For instance, if you only find out about a resulting injury after the fact (as with some internal injuries like concussions, which take a while to show symptoms), the statute of limitations starts from the date you discovered your injury.

In other instances, if the crash mentally incapacitated you or another victim, the statute of limitation does not start ticking down until the victim recovers from their disability.

Why Is It Important to Hire a Lawyer After a Truck Crash?

Both state and federal laws regulate the trucking industry. Without a thorough understanding of these regulations, you may feel overwhelmed trying to understand whom to hold liable or how to collect the compensation you need. Additionally, trucking companies typically have large insurance policies and aggressive legal teams, all of whom will work to minimize your injuries, reduce their liability, or even shift blame onto you.

An experienced truck crash lawyer will protect you from these tactics and protect your rights and interests. They will also help you meet all relevant legal guidelines, gather the necessary evidence, and build your best case to demand maximum compensation for your injuries.

Protect Your Best Interests with the Santa Fe County Truck Crash Lawyers at Buchanan Law Firm, LLC

You deserve an experienced attorney to give you peace of mind so you can stop worrying about the legal burden and focus instead on what matters: your health. Trust the compassionate Santa Fe County truck crash lawyers at Buchanan Law Firm, LLC to advocate tirelessly on your behalf. Call 505-900-3559 or contact us online for a free consultation. Located in Albuquerque, we serve clients throughout Sante Fe and the surrounding areas.