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What To Do Right After a Truck Crash in New Mexico

Your health comes first: get medical attention and follow your providers’ recommendations. If it is safe, take photos or video of vehicles, skid marks, debris, road and weather conditions, and visible injuries. Exchange information with the truck driver and carrier; note the USDOT and MC numbers on the tractor and trailer. Collect witness names and contact details. Report the collision to law enforcement and your insurer. Avoid detailed statements to the trucking company or its insurer until you have spoken with counsel.

How Fault Works: New Mexico’s Comparative Negligence

New Mexico uses pure comparative negligence: a plaintiff’s recovery is reduced by their share of fault but is not completely barred solely because they share fault. See Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). Fault can be allocated among multiple defendants (for example, a driver, motor carrier, maintenance contractor, or shipper), and New Mexico statutes address allocation and several liability. See N.M. Stat. Ann. § 41-3A-1.

Why Truck Cases Are Different

Commercial motor vehicle collisions often involve larger insurance limits, multiple companies, and specialized safety rules. Key issues can include hours-of-service compliance, driver qualifications, required drug and alcohol testing, vehicle inspection and maintenance, electronic logging devices, and cargo loading and securement. See the FMCSRs at 49 C.F.R. Parts 350–399. Prompt preservation of evidence is crucial because certain electronic and paper records are retained for limited periods or may be overwritten in the ordinary course of business.

Critical Evidence To Preserve

Ask your attorney to send a preservation letter quickly to the motor carrier and its insurer. Potential evidence includes:

• Electronic logging device data and driver logs
• Engine control module or event data (often called “black box”) downloads
• Dashcam (outward and inward-facing) video
• Dispatch communications, bills of lading, and load or securement documents
• Driver qualification, training, and drug or alcohol testing records
• Pre- and post-trip inspection reports, maintenance, and repair files
• Cell phone records, GPS or telematics, and messaging platforms
• Police reports, scene and vehicle photos, and your medical records

Some electronic records are retained only for limited periods or may be overwritten by routine operations if not preserved. For example, motor carriers must retain drivers’ records of duty status and supporting documents for at least six months. See 49 C.F.R. § 395.8 and the FMCSA ELD Rule.

Compensation You May Seek

Depending on the facts, damages may include medical expenses, future care, lost income, diminished earning capacity, property damage, pain and suffering, and loss of enjoyment of life. In appropriate cases, punitive damages may be available. Documentation and expert analysis often drive value in trucking claims.

Deadlines and Notice Requirements

Strict legal time limits apply. The timeline can vary based on who is involved and the type of claim. If a government entity may be responsible (for example, a public vehicle or roadway condition), additional notice and timing requirements can apply under the New Mexico Tort Claims Act. See N.M. Stat. Ann. § 41-4-16. Speak with a lawyer promptly to protect your rights.

Federal Rules That May Affect Your Case

Interstate trucking is governed by the Federal Motor Carrier Safety Regulations, which include hours-of-service limits, driver qualification standards, drug and alcohol testing, vehicle inspection, repair, and maintenance, and cargo securement rules. See 49 C.F.R. Parts 350–399 and FMCSA’s overview of Hours of Service. Violations may be evidence of negligence depending on the facts and claims asserted.

Dealing With Insurers and Motor Carriers

Trucking insurers often respond quickly, sometimes within hours, to shape the narrative and collect evidence. Provide only basic information to your insurer, and avoid recorded statements to the other side before consulting counsel. Do not sign broad medical authorizations or releases without advice. Early settlement offers may undervalue future medical needs and long-term impacts.

How a New Mexico Truck Accident Lawyer Helps

Your attorney can investigate rapidly, send preservation letters, secure and analyze ELD and engine or black box data, work with reconstructionists and trucking safety experts, identify all responsible parties and insurance layers, evaluate damages, negotiate with insurers, and, when necessary, file suit and take your case to trial. Many firms work on a contingency fee, meaning you pay no attorney’s fees unless there is a recovery.

Choosing the Right Lawyer

Look for specific trucking litigation experience, access to qualified experts, and a track record with complex injury cases. Ask about trial experience, resources to take on motor carriers, communication practices, and how the firm approaches expert investigation and evidence preservation.

FAQ

How long do I have to file a truck accident claim in New Mexico?

Deadlines depend on the claim and parties involved. Some claims can be as short as months if a government entity is implicated. Speak with a lawyer as soon as possible.

What if I was partially at fault?

Under pure comparative negligence, your recovery is reduced by your percentage of fault but is not barred solely because you share fault.

Should I accept the insurer’s first offer?

Not without legal advice. Early offers often fail to account for future medical care, lost earning capacity, and non-economic damages.

Will my case go to trial?

Many cases settle, but your lawyer should prepare as if trial will occur to maximize leverage and preserve evidence.

Next Steps

If you or a loved one was injured in a New Mexico truck crash, consider consulting a lawyer promptly to preserve evidence and meet any deadlines. Bring your police report, medical records, bills, photos, and insurance information.

Ready to discuss your case? Talk with a New Mexico truck accident lawyer.

Sources

• N.M. Stat. Ann. § 41-3A-1 (Comparative fault and several liability)
• Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981)
• 49 C.F.R. Parts 350–399 (FMCSRs)
• FMCSA Hours of Service summary
• FMCSA ELD Rule overview
• 49 C.F.R. § 395.8 (Record of duty status; six-month retention)
• N.M. Stat. Ann. § 41-4-16 (Tort Claims Act notice)

Disclaimer: This blog post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and deadlines vary by situation; consult a licensed New Mexico attorney about your specific circumstances. If a government agency may be involved, strict notice requirements under the New Mexico Tort Claims Act can apply.