Deadline to Sue After a New Mexico Truck Accident: Don’t Miss Out
TL;DR: Key New Mexico time limits after a truck crash include: (1) most personal injury claims — 3 years from the injury (NMSA 37-1-8); (2) wrongful death — 3 years measured from the date of death (NMSA 41-2-2); (3) claims against government entities — written notice generally within 90 days and a 2-year lawsuit deadline (NMSA 41-4-16; NMSA 41-4-15); and (4) property damage-only claims — 4 years (NMSA 37-1-4). Some tolling rules apply to minors or certain disabilities (NMSA 37-1-10). Deadlines are technical—speak with a lawyer early.
If you were hurt in a New Mexico truck crash, state law limits how long you have to file a lawsuit. Some claims share the general personal injury deadline, while others—like wrongful death or claims against government entities—follow different timelines and notice rules. Evidence can disappear quickly, so acting promptly helps protect your rights.
Why deadlines matter after a truck accident
Missing the right deadline can end your case. Truck cases often involve multiple defendants—drivers, motor carriers, shippers, maintenance contractors, and sometimes public entities—each potentially governed by different time limits and notice requirements.
General personal injury time limit
Most negligence claims from truck accidents follow New Mexico’s general personal injury statute of limitations: three years, typically measured from the date of injury. See NMSA 1978, § 37-1-8. Accrual and any exception can be fact-specific, so get legal advice early.
Wrongful death from a truck crash
If a loved one is killed, the wrongful death statute sets a distinct clock: a suit must be filed within three years, and the cause of action is measured from the date of death. See NMSA 1978, § 41-2-2.
Claims against government entities
Special rules apply when a public employee or government-owned vehicle is involved. Under the Tort Claims Act, you generally must:
- Provide written notice within 90 days of the occurrence to the proper governmental entity, or the claim can be barred. Actual notice can satisfy this requirement in some circumstances. See NMSA 1978, § 41-4-16.
- File suit within two years of the date of the occurrence. See NMSA 1978, § 41-4-15.
These requirements are strictly enforced and differ from the general personal injury rules. Do not assume negotiations with an insurer extend these deadlines.
Property damage only
If the crash caused only property damage (for example, vehicle damage with no bodily injury claim), the limitations period is generally four years. See NMSA 1978, § 37-1-4.
Minors and tolling
New Mexico provides tolling for minors and persons of unsound mind in some civil cases. See NMSA 1978, § 37-1-10. However, claims with their own statutory schemes—such as Tort Claims Act cases—have specific rules and may not be tolled the same way. Speak with counsel promptly to avoid losing important rights.
Evidence and early steps to protect your claim
Serious truck cases require fast action to preserve critical evidence. Consider these early steps:
- Get medical care and follow treatment plans.
- Report the crash to law enforcement and your insurer.
- Document the scene, vehicles, road conditions, and your injuries.
- Avoid recorded statements to insurers before consulting counsel.
- Engage an attorney to send preservation letters for ELD data, dashcam footage, vehicle control module data, bills of lading, and driver qualification files, and to investigate liability.
Practical tips
- Calendar every potential deadline the same day you learn about the crash.
- Request a certified copy of the police report and keep all medical records organized.
- Preserve your vehicle before repairs so it can be inspected if needed.
Quick checklist
- Confirm which statute applies (injury, wrongful death, property damage, or Tort Claims Act).
- Send Tort Claims Act notice within 90 days if any public entity might be involved.
- Collect and back up photos, videos, and witness info.
- Track symptoms and missed work in a simple log.
- Consult a New Mexico truck accident attorney as soon as possible.
How a lawyer helps on the timeline
An attorney can identify the correct deadline(s), handle Tort Claims Act notices when needed, track multiple limitation periods for different defendants, and file suit on time. They can also navigate comparative fault and complex insurance issues common in commercial trucking.
Don’t wait to get answers
Deadlines can be short, and they are not extended by settlement discussions. The safest path is to contact our team as early as possible to confirm which time limits apply and to protect key evidence.
FAQ
When does the clock start after a truck crash in New Mexico?
Generally on the date of injury; wrongful death runs from the date of death, and Tort Claims Act and property damage rules can differ.
Do insurance negotiations pause the statute of limitations?
No. Negotiations do not extend or pause filing deadlines.
What if a government vehicle was involved?
Strict notice and filing rules under the Tort Claims Act apply, including written notice generally within 90 days and a two-year lawsuit deadline.
Are there extensions for minors?
Some claims can be tolled for minors or persons of unsound mind, but special statutes like the Tort Claims Act may limit tolling.
Can I file just for vehicle damage?
Yes. Property damage-only claims typically have a four-year period.
What should I do right now?
Preserve evidence, get medical care, and speak with a lawyer. Start by reaching out at /contact.
Sources
- NMSA 1978, § 37-1-8 (personal injury)
- NMSA 1978, § 41-2-2 (wrongful death)
- NMSA 1978, § 41-4-16 (Tort Claims Act notice)
- NMSA 1978, § 41-4-15 (Tort Claims Act limitations)
- NMSA 1978, § 37-1-4 (property damage)
- NMSA 1978, § 37-1-10 (tolling for minors/unsound mind)
New Mexico-specific disclaimer: This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and notice requirements can change and depend on your facts. Consult a licensed New Mexico attorney about your situation.