Gallup Truck Accident Lawyer

Gallup Truck Accident Attorney

Truck accidents tend to be more severe than regular car accidents. Due to the sheer size and weight difference, truck drivers tend to walk away with minor injuries compared to the passengers in other vehicles. It’s normal to want justice after a truck accident that you didn’t cause. Reach out to a Gallup truck accident lawyer to understand your legal rights and options under New Mexico law.

Choose a Trusted Personal Injury Law Firm in New Mexico

Since 1966, Branch Law Firm has been providing top-quality legal representation for residents of New Mexico to protect their legal rights. We value giving our clients the knowledge and tools they need to take back control of their lives after experiencing trauma. We offer free consultations at our office in Albuquerque. During your consultation, you’ll be able to explain your situation and concerns in full detail. From there, our team can offer transparent legal guidance.

Steps to Take After Getting Into a Truck Accident

Major highways in Gallup include Interstate 40 and U.S. Route 491. Alongside Gallup residents commuting, long-distance truckers use these roads to travel. When fully loaded, a semi-truck can weigh up to 86,000 pounds. The average car weighs only 4,200 pounds. During truck accidents, the injuries and damage tend to be more severe than in regular car crashes.

In 2023, there were 42,836 crashes throughout the state involving a heavy truck. Despite only accounting for 7.4% of crashes, 22% of traffic fatalities were due to a truck accident. After getting into an accident, there are several key steps to take to protect your safety and legal rights. Be sure to:

• Call 911 to report the incident and request medical attention. Even if you feel fine, you may have internal injuries or a concussion. These injuries don’t present symptoms until later on. You may want to request a copy of your medical records and the incident report.
• Collect the insurance information and contact information of the other driver involved in the crash.
• Collect the contact information of anyone who witnessed the accident happen.
• During this time, don’t admit fault or apologize for anything. While you may have good intentions, doing so will only hurt your future legal case.
• Take extensive photos and videos of the crash site, including any skid marks or property damage. This helps the court understand the severity of the crash. Take photos of your visible injuries, as well as any damage to your vehicle and personal belongings, such as a cell phone or bag.
• Hire a truck accident lawyer to help you manage your case and navigate the next steps.

How New Mexico Courts Determine Fault in a Truck Accident Case

New Mexico courts operate under a pure comparative negligence system. Courts understand that there’s typically no blameless victim, and even small actions can lead to accidents happening. They allow victims to file a legal case, no matter how at fault they were for the incident.

In Gallup, truck accident cases are typically overseen by the McKinley County Courthouse, located at 201 West Hill Avenue. They may assign one or more parties involved in the crash a percentage of fault, and any compensation awarded is reduced by your percentage of fault. For example:

• If you were speeding at the time of the crash, you may be assigned 20% at fault for the accident.
• If a truck driver was swerving in and out of lanes before crashing into your car, they may be assigned 80% at fault for the accident.
• If you were awarded $100,000, it would be reduced by 20%, making your final settlement amount $80,000.

FAQs

What Are Punitive Damages in a Truck Accident Case?

Punitive damages in a truck accident case are a specific type of damage that may be requested. They can only be requested in cases where the responsible party acted with extreme malice or negligence, such as a truck driver knowingly going days without sleep and then falling asleep at the wheel, leading to your accident.

These damages award you more compensation and help further punish the wrongdoer. Your lawyer can help you determine if punitive damages can be requested.

What Is the Deadline to File My Truck Accident Case in New Mexico?

In New Mexico, the deadline to file your truck accident claim is three years. While this timeline may seem long, it’s vital to file as soon as possible. The longer you wait to file, the more your financial and emotional losses can continue to pile up. Failing to file within the proper deadline can often result in your case being dismissed entirely.

What Evidence Do I Need to Strengthen My Truck Accident Claim?

You need extensive evidence to strengthen your truck accident claim. Courts rely on evidence to make their final decision, and if you only have one type, it can be hard to win your case. Your lawyer can help you gather professional and eyewitness testimony, as well as footage from surveillance cameras. The black box data from the truck can provide useful proof. Include copies of your medical records and financial losses, as well as a detailed written timeline of events.

What Do I Do if the Other Driver Refuses to Cooperate With Me After the Crash?

If the other driver refuses to give you their insurance and contact information, do not argue with them. Doing so is only likely to escalate an already tense situation. Instead, stay calm and wait for the police to arrive. Explain the situation to the officer, and they can collect the information on your behalf. If another driver leaves before law enforcement arrives, take a photo of their car and license plate number.

Hire a Truck Accident Lawyer to Fight for Your Legal Rights

For nearly 60 years, the Branch Law Firm has helped hundreds of New Mexico residents seek justice for their pain. Reach out to our office in Albuquerque today to learn how we can help you. Our firm offers free consultations to those living in Gallup and surrounding cities.

We operate on a contingency fee basis. This means that we don’t accept payment for our legal services until we secure compensation for your case.