The Largest Personal Injury Firm in Texas. Serving Clients Nationwide.
Corpus Christi 361-985-0600 San Antonio 210-656-1000 Nationwide Toll Free 888-314-9945
Contact us 24/7 Contact us 24/7

18-wheeler Accident Attorney in New Mexico

LEGAL HELP FOR NEW MEXICO TRUCKING ACCIDENT INJURY VICTIMS

The Land of Enchantment is home to a plethora of national monuments, parks, caverns, and beautiful mountain ranges. Approximately two million people call New Mexico home, from Las Cruces to the south to Santa Fe in the north. Three major interstate highways flow through the state, including I-25, I-40, and Interstate 10. Although the stretch of Interstate 10 inside New Mexico’s borders is only approximately 164 miles, the highway is traversed by thousands of trucks each day.

Trucks provide New Mexican businesses a means of transporting products to the rest of the country, the majority of which employ the trucking industry for these purposes. Thousands of tons of products flow through the interstate system every day. Heavy commercial truck traffic ultimately means trucking accidents. Unfortunately, trucking accidents leave thousands of people injured each year in the United States. Sometimes, semi-truck crashes are severe enough to cause fatal injuries.

In New Mexico in 2014, there were 71 fatalities in crashes involving a large truck. Every year, thousands of lives are taken due to the negligence of a truck driver or trucking company. Many of these lives could be spared if commercial motor vehicle drivers followed the guidelines put in place to keep you and your loved ones safe.

We understand how difficult it is to worker after being seriously injured in a semi-truck accident. At Thomas J. Henry, we can advance your court costs and litigation expenses. We can also advance money for living and medical expenses (interest free). You don’t have to spend a thing unless we win your case. Our firm does this because we are confident in the abilities of our experienced team of New Mexico truck accident lawyers, who have consistently demonstrated how truck drivers and trucking companies have caused not only catastrophic injuries but deaths on American roadways.

Thomas J. Henry has the resources and the experience necessary to take on the largest trucking companies in the world. We have helped victims of trucking accidents across the United States stand up to these companies and achieve real results.

LEGAL RESOURCES YOU NEED TO WIN YOUR NEW MEXICO TRUCKING ACCIDENT CASE

  • Mobility
    • In addition to being available 24/7, our attorneys are accessible from anywhere on the globe. Not only can our experienced injury lawyers access your case files from anywhere, but through satellite technology, cutting-edge mobile technologies, and jet services, they can meet with you wherever it is convenient. At the click of a mouse, our team of experienced New Mexico accident lawyers can stream live video of evidence and depositions to any courtroom in the country.
  • Technology
    • We are dedicated to providing dynamic and efficient representation for our clients. That means employing cutting-edge solutions in case management, client interaction, and information security. When our New Mexico truck accident lawyers have access to your case files, remotely, from anywhere in the nation, they can draft and review documents for your case and share files with legal professional with ease. We don’t let accessibility impede on the security of your case information. Your files will remain protected and confidential.
  • Experts
    • We use an array of knowledgeable experts from across the country to give reports and testimony to judges, lawyers, law firms, and insurance companies in trials and arbitration. Expert witnesses can bring significant specialized knowledge to your case. Thomas J. Henry has spent a tremendous amount of time finding only the best experts to use on our clients’ behalf. Each expert undergoes a thorough examination and questioning process before ever participating in your case. In addition, our lawyers are continuously looking for inventive ways to use experts in personal injury cases. Expert trucking witnesses may include:
      • Human factors forensic scientists
      • Doctors, surgeons, physical therapists, and other medical professionals
      • Accident reconstruction experts
      • FMCSA compliance consultants
      • General equipment technical experts

WHAT SHOULD I DO AFTER BEING INVOLVED IN A TRUCK ACCIDENT?

As a trucking accident victim, you are entitled to certain rights. Although semi-truck accidents can be disorienting, there are certain things you can do to help preserve your rights and help your eventual case. Thomas J. Henry knows how large trucking companies operate, and we can assist you with acquiring evidence in a timely manner.

Here are a few tips on what you should do after a trucking accident:

  • Stop immediately after the crash. Assess the situation.
    • Check yourself and passenger for injuries, and if you choose to exit the vehicle, be sure the area outside is safe before doing so.
  • Make the accident visible to other vehicles.
    • If possible, signal to oncoming vehicles that you have been involved in a crash by turning on your vehicle hazard lights, setting out reflectors, or using road flares.
  • Notify the police.
    • Contact your local police station or call 911 if there is an emergency. Filing a police report is an important step in creating an insurance claim. If anyone was injured in the semi accident, be sure paramedics are sent to the scene.
  • Record the facts. Take pictures.
    • When the police arrive, talk with the responding officers and be as accurate as possible. However, do not speculate about facts surrounding the incident or about any injuries you may have sustained in the crash. Take pictures of your vehicle, any injuries you or a passenger sustained, the scene of the accident, the semi-truck, and any other factors that may help your future case.
  • Gather and exchange contact information.
    • Collect the names and contact information of all parties involved in the accident and any witnesses. In addition, obtain the insurance information of all parties involved in the accident.
  • Seek medical attention.
    • If you have been injured, receive medical attention as soon as possible. If you are uncertain you suffered an injury, it is best to err on the side of caution and schedule a check-up with your physician. Be aware that some injuries or pain may not be noticeable until days after the truck accident.
  • Report the accident to your insurance company.
    • Contact your insurance company as soon as you can. Keep a log of any medical expenses or crash-related expenses you incur as your claim is processes.
  • Contact an experienced New Mexico truck accident lawyers.
    • Trucking accident attorneys are responsible for helping protect your rights as an accident victim and for making sure insurance companies are acting in your best interest. Thomas J. Henry will immediately work to obtain and preserve evidence from the accident, provide you legal advice, and advocate for you every step of the way. Experienced New Mexico trucking injury lawyers will make sure you are comfortable and informed from the first day you meet to the resolution of your case.

WHO CAN BE HELD ACCOUNTABLE FOR MY TRUCKING ACCIDENT INJURIES?

Trucking accident cases are more complex than regular motor vehicle traffic crashes because there are several parties that could potentially be negligent or liable. Knowing who and where to sue is crucial to the success of your case. Potential liable parties include:

  • The truck driver
  • The trucking company
  • The commercial motor vehicle manufacturer

We understand how trucking companies and truck drivers operate, giving us an advantage when pursuing actual and punitive damages for our clients. Thomas J. Henry ensures all of the details of your case have been properly researched so you are put in a position to receive the compensation you deserve for the injuries you have suffered.

ECM AND GPS DEVICES: WHY THEY ARE IMPORTANT TO YOUR TRUCKING ACCIDENT CASE

Electronic Control Modules (ECM) and Global Positioning Systems (GPS) are found in many commercial trucks and Department of Transportation-regulated vehicles. These devices track and record movement of the truck or commercial vehicle and can help determine the speed of the vehicle prior to an impact. This information can be vital to a trucking accident case. In addition, ECM and GPS show the driving habits of the driver and the routes the driver took before an accident.

At Thomas J. Henry, our injury lawyers will immediately file a lawsuit and restraining order to obtain the ECM and GPS data from the truck involved. We will also acquire the driver’s required Federal Motor Carrier documents, which can play an important role in achieving the settlement or verdict you or a loved one deserves.

COMMON NEW MEXICO TRUCKING VIOLATIONS THAT RESULT IN ACCIDENTS

Due to the size differential between large trucks and passenger vehicles, small mistakes on the roadways can lead to devastating accidents. In the United States, commercial motor vehicles can weigh up to 80,000 lbs., or 40 tons, which is 20 times heavier than an average passenger vehicle. Several factors can lead to semi-truck accidents, including:

  • Driver fatigue
  • Improper loading
    • Motorists are put in danger when truck drivers and trucking companies fail to secure cargo. When cargo, including hazardous materials, spill onto the highway, serious accidents can occur.
  • Distracted driving
  • Speeding
    • Perhaps the most common traffic violation, speeding was a contributing factor in at least 30 percent of annual fatal crash totals between 2003 and 2012.
  • Impaired driving
  • Failure to maintain vehicle
    • Truck drivers are required to perform daily inspections on their rigs. Small mechanical issues are magnified when a 40-ton truck is traveling at 65 mph.
  • Improper lane changes and turns

IMPORTANT FEDERAL TRUCKING REGULATIONS

Federal trucking regulations are there to keep other drivers safe on the highway alongside semi-trucks. Trucking accidents and loss of life can occur when truck drivers and trucking companies fail to abide by these regulations, putting New Mexican motorists at risk. Title 49 of the Code of Federal Regulations contains these commercial motor vehicle regulations.

Commercial motor vehicle operators are required to obtain a commercial driver’s license (CDL). CDL holders are held to a higher standard and can lose their licensure by committing serious traffic violations.

We believe it is important to be informed about the various guidelines that are in place to keep us safe. Here are a few of the important federal commercial motor vehicle regulations:

  • Drivers must be 21 years of age or older to drive across state lines or operate a vehicle containing hazardous materials.
    • Drivers must be 18 years of age or older to operate within New Mexico state lines.
  • To be eligible for a CDL, drivers must have no prior disqualifying criminal offenses.
  • Prior to obtaining a CDL, drivers must test for and obtain a commercial learner’s permit (CLP) and hold it for 14 days.
  • In order to obtain a commercial learner’s permit, drivers must be cleared by a qualified medical examiner that they are physically able to operate a commercial vehicle.
  • For commercial motor vehicle operators, the blood alcohol content (BAC) limit is .04, compared to .08 for regular drivers.
  • Truck drivers are banned from using handheld mobile phones while driving. Trucking companies are prohibited from allowing or requiring drivers to use handheld devices while driving.
  • Drivers are prohibited from holding a CDL issued by more than one state or jurisdiction.

HOURS OF SERVICE REGULATIONS

All truck drivers must comply with hours of service regulations. This important regulation ensures drivers are receiving a sufficient amount of sleep before operating their vehicles. Drowsy and fatigued drivers cause many serious trucking accidents in New Mexico every year. Both property-carrying and passenger-carrying commercial motor vehicle drivers are required to abide by these guidelines.

Property-carrying commercial motor vehicle drivers,

  • may drive a maximum of 11 hours after 10 consecutive hours off duty.
  • may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
  • may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
  • Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Passenger-carrying commercial motor vehicle drivers,

  • may drive a maximum of 10 hours after eight consecutive hours off duty.
  • may not drive after having been on duty for 15 hours, following eight consecutive hours off duty. Off-duty time is not included in the 15-hour period.
  • may not drive after 60/70 hours on duty in 7/8 consecutive days.
  • Drivers using a sleeper berth provision must take at least eight hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours.

CONTACT AN EXPERIENCED NEW MEXICO TRUCKING ACCIDENT AND INJURY ATTORNEY

More than 100,000 people are injured every year in the United States in crashes involving large trucks. Thomas J. Henry Injury Attorneys help trucking accident victims from across the country obtain record-breaking verdicts and settlements. If you or a loved one were injured in a semi-truck accident in New Mexico, contact Thomas J. Henry. Our experienced team of New Mexico trucking accident attorneys are available 24/7, nights and weekends, to evaluate your case.

Disclaimer: Any summary, description, or paraphrase of a regulatory requirement on this site is intended to provide general guidance only.  Please consult the text of the Federal Motor Carrier Safety Regulations for a full account of the applicable requirements.

HAVE YOU BEEN INJURED?

Contact Us for a FREE Case Review

877-969-8159 • info@tjhlaw.com

Loading...
Do you really want to end conversation?
chat-icon Live chat
avatar Waiting