Proving Liability in a New Mexico Trucking Accident
If you have been in an accident in New Mexico that involves a truck, there is a possibility that you can obtain compensation. In order to win in court, you must demonstrate that the other party was at least partly liable for the accident.
In order to either prove your entitlement to compensation or obtain a settlement from the other driver or trucking company, it would be in your interest to hire an experienced trucking accident attorney to represent you throughout the process.
Legal Standard for Recovery
In order to obtain a legal recovery for an accident, you must show that the other party was at least partly at fault through their negligence. The mere fact that an accident occurred is not enough to prove that there was negligence involved. Instead, there is a multi-part test that must be satisfied before a court will find a driver negligent.
First, you must show the standard of care that a reasonable driver would need to exercise. Note that this standard does not necessarily require perfection behind the wheel. Then, you must show that the driver breached this standard of care.
For example, a reasonable driver does not travel at an excessive rate of speed. If a driver is speeding, then they have breached the standard of care.
Finally, you have to show that you suffered injury and that the other driver's negligence was the cause of your injury.
In some states, you cannot recover anything if you are even partially at fault for the accident. These are referred to as contributory negligence states.
New Mexico, on the other hand, is a comparative negligence state. In other words, you can still recover something even if you share in the blame for the accident.
Your recovery is dictated by your proportion of the liability. For example, if you ran a red light and were struck by a car that was speeding, you are not prevented from receiving compensation, even though running the red light was your fault.
The court will simply try to assign you a percentage share of the liability and compute damages based on that. The only way that you cannot recover is if you were 100 percent at fault.
Statute of Limitations
Under New Mexico law, you have three years from the date of the accident to file any legal claim in court for any personal injury. In the event that death has resulted from the accident, you have three years from the date of death to file your claim. If the claim is just for damage to the vehicle, the statute of limitations which limits your time to file the claim is four years.
Why you Should Hire Spence Law Firm
At Spence Law Firm, we are experienced counselors and litigators. We can help you negotiate a settlement with insurance companies or take your case to court if necessary. Lawsuits are a difficult thing to win on your own, especially when insurance companies are involved. Contact us at Spence Law Firm and let us put our experience to work for you.