Detailed Answer: Steps to pursue a claim after a truck crash causing injury in New Mexico
If a truck hit you and you were injured, the path to compensation generally follows a series of investigative and legal steps. Below is a plain-language, step-by-step guide to what most injured people should do in New Mexico and how a claim typically proceeds. This is educational information only and is not legal advice.
1. Get medical care right away
Seek emergency treatment if needed. Even if injuries seem minor, get a medical exam promptly. Early records connect your injuries to the crash, document treatment, and protect your health. Keep copies of all medical records, bills, prescriptions, and notes about symptoms and limitations.
2. Report the crash and preserve evidence
Ask the police to come to the scene and make a report. A police report is useful for insurance and court claims. Preserve or copy any evidence you can: photos of the scene, vehicle damage, skid marks, traffic signs, your clothing, and contact information for witnesses, the truck driver, and the trucking company. Note the truck’s license, MC number, trailer number, company name on the truck, and the driver’s name and insurance information.
3. Notify your insurer and report the claim
Tell your auto insurer about the collision even if a commercial truck was at fault. Your insurer can explain coverages that might apply (medical payments, uninsured/underinsured motorist, rental car). If the truck driver or trucking company’s insurer contacts you, avoid providing a recorded statement or signing releases before consulting a lawyer.
4. Understand potential defendants: driver, trucking company, or others
In truck crashes, liable parties may include:
- The truck driver (for negligent or reckless driving).
- The trucking company (vicarious liability, negligent hiring, negligent maintenance, or failing to follow federal safety rules).
- The owner of the truck or trailer, a shippers/receivers, or parts manufacturers in some cases.
Because commercial carriers usually carry higher insurance limits, many serious-injury claims target the trucking company and its insurer.
5. Investigate the truck company and driver records
Key evidence in truck cases includes the driver’s logbooks, drug and alcohol test records, maintenance records, vehicle inspection reports, GPS and ELD data (electronic logging devices), and the carrier’s safety and hiring files. Federal trucking rules (FMCSA) regulate hours of service, CDL qualifications, and drug testing. An attorney or investigator often subpoenas these records during a claim.
(For federal trucking rules and how to obtain FMCSA safety records, see the Federal Motor Carrier Safety Administration: https://www.fmcsa.dot.gov.)
6. Insurance claim vs. lawsuit
Most claims begin with an insurance demand to the trucker’s or carrier’s insurer. The insurer may accept liability, offer a settlement, or deny responsibility. If settlement talks fail, you may file a civil lawsuit in New Mexico state court to seek damages for medical bills, lost wages, pain and suffering, and future care.
7. Know New Mexico’s time limit to sue
New Mexico generally requires you to start a personal injury lawsuit within three years from the date of the injury. That deadline is called the statute of limitations (see N.M. Stat. Ann. § 37-1-8). If you miss the statute of limitations, you usually lose the right to sue. For government/tort claims against a municipality or state actor, different shorter notice deadlines may apply.
New Mexico Legislature — Statutes (search for NMSA § 37-1-8): https://www.nmlegis.gov/Legislation/Statutes
8. Fault and comparative negligence
New Mexico reduces recoverable damages based on each party’s share of fault. If the court finds you partly at fault, your award will be reduced by your percentage of fault. Because assigning fault affects value, preserving evidence and witness statements early is important.
9. Value of the claim
Claim value depends on the severity and permanence of injuries, medical costs, lost earnings, future care needs, the strength of liability evidence, and any insurance limits. Trucking companies often carry significant liability insurance, so the policy limits can shape settlement possibilities.
10. When to hire an attorney
Consider hiring an attorney promptly if you have serious injuries, complicated liability facts (e.g., multiple vehicles, disputed fault), significant medical bills or lost wages, or when the claim may involve trucking-company practices. Attorneys experienced with truck cases can obtain trucking records, work with accident reconstructionists, and negotiate or litigate for higher recovery. Many personal injury attorneys handle these cases on contingency (they are paid a percentage of any recovery).
11. If the defendant is a government driver or vehicle
If the truck is owned or operated by a city, county, or state agency, special notice requirements and shorter filing deadlines usually apply. Check the specific agency rules and consult an attorney early to preserve your claim.
12. Litigation process overview
- File a complaint in court (if settlement fails).
- Serve the defendants with the lawsuit.
- Gather evidence through discovery (depositions, document requests, subpoenas for ELD/logs).
- Possible mediation or negotiation.
- If no settlement, proceed to trial and judgment.
For information about filing civil cases and court procedures in New Mexico, see the New Mexico Courts website: https://www.nmcourts.gov.
Important note: This page gives general guidance only and does not create an attorney-client relationship. It is not legal advice.
Helpful Hints — Practical tips for handling a truck-accident injury claim in New Mexico
- Prioritize health: document injuries and keep all treatment records and bills.
- Get a copy of the police crash report as soon as possible.
- Collect contact information for the truck driver, trucking company, and witnesses at the scene.
- Photograph vehicle damage, road conditions, signage, and your injuries from multiple angles.
- Do not give recorded statements or sign releases without consulting a lawyer.
- Preserve clothes and other physical evidence that may show injury or impact.
- Track all out-of-pocket costs and time missed from work—these are part of your damages.
- Ask your medical providers to explain restrictions and future treatment in writing.
- Consider hiring an attorney experienced in truck crash cases quickly—records like ELD logs can be altered or lost over time.
- Act before the three-year statute of limitations (N.M. Stat. Ann. § 37-1-8). If a government entity is involved, check for shorter notice deadlines.
For federal trucking safety records and rules that may help your investigation, consult the Federal Motor Carrier Safety Administration: https://www.fmcsa.dot.gov.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed New Mexico attorney to discuss the specific facts of your case and get legal advice tailored to your situation.