Commercial trucks power New Mexico’s economy, carrying goods across interstates like I-40 and I-25, through cities such as Albuquerque, Las Cruces, and Santa Fe, and into rural communities that depend on long-haul freight. However, when a semi-truck, 18-wheeler, or other large vehicle is involved in a collision, the consequences can be catastrophic. These accidents often result in severe injuries, long-term medical needs, and financial strain.
At Munley Law, our Nation’s top rated truck accident lawyers represent individuals and families across New Mexico who have been harmed by negligent trucking companies, reckless drivers, or poorly maintained big rigs. We handle these cases with focus, skill, and tenacity because each New Mexico truck accident lawyer in our firm knows how high the stakes are for you and your loved ones.
$32 Million Wrongful Death
$26 Million Truck Accident
$20 Million Commercial Vehicle Accident
$17.5 Million Car Accident
$12 Million Work Injury
$11 Million Truck Accident
$9 Million Truck Accident
$8 Million Truck Accident
$8 Million Truck Accident
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
Why Choose Munley Law to Help After a New Mexico Truck Accident?
Truck accident cases are complex, high-stakes, and fiercely contested. You need someone on your side who knows how to handle the legal, technical, and strategic aspects of these cases. Our client and attorney testimonials explain what sets our firm apart best:
- “Munley Law Personal Injury Attorneys is the best law firm. Outstanding in dealing with clients. They truly care about their clients’ best interests and walk you through every step of the process. Top notch lawyers with the knowledge to back it up!!!” – Trucking Accident Client
- “I got into a serious accident with a tractor trailer two years ago, one that took me out of commission for months. The trucking company was fighting my case, saying I was the one who caused the accident. Luckily, I had Dan Munley at my side. He got me the money to help pay the medical bills and much more. He really pulled through for me and my family and I am eternally grateful to him.” – Trucking Accident Client
- “[Marion] and everyone I came into contact with in her firm handled my case with the utmost professionalism, as well as true empathy for my situation, while not missing a detail about the facts of the case.” – Tractor Trailer Accident Client
You will not be shuffled off to an assistant or left wondering what is going on with your case. We guide you through every step, making time for phone calls, sitting down face-to-face, and answering your questions.
What Areas Are Most High-Risk for Truck Crashes in New Mexico?
Due to New Mexico’s geography and role in regional logistics, some highways and areas see more truck-related crashes than others. According to the National Safety Council (NSC), New Mexico had the second-highest percentage of fatal large truck accidents in the country in 2023. Nearly 20% of the U.S.’s deadly commercial truck crashes occurred there. The U.S. Department of Transportation has identified the following roads where truck accidents are common:
- Interstate 40: I-40 is a major east-west corridor that stretches from Arizona to Texas, passing through Albuquerque. This highway is one of the busiest for commercial trucking in the state.
- Interstate 25: I-25 runs north-south from Las Cruces to Santa Fe and beyond. It is a key artery for moving goods through the state’s interior.
- U.S. Route 285 and U.S. Route 550: Trucks serving the oil and gas industry in the Permian Basin frequently use these roads, which are often poorly maintained and dangerous.
- Albuquerque’s Big I Interchange: This heavily trafficked junction, where I-25 and I-40 meet, is notorious for congestion and collisions involving trucks.
- Santa Teresa Border Zone: This area is a growing freight hub with international truck traffic between Mexico and the U.S.
If you or a loved one was hurt in one of these corridors or anywhere else in New Mexico, we are prepared to take on the companies responsible.
What Common Factors Lead to Truck Accidents in New Mexico?
The causes of truck accidents are often complex and can involve multiple contributing factors. While driver error is often a contributing factor, other parties may also bear significant responsibility. Our investigations regularly uncover issues such as:
- Driver fatigue: Commercial truck drivers operate under immense pressure to meet delivery schedules. Despite federal hours of service (HOS) regulations designed to prevent fatigue, drivers may push beyond legal limits or falsify logs. Exhaustion can impair a driver’s judgment, reaction time, and ability to remain alert, leading to crashes.
- Speeding and reckless driving: The sheer weight of a commercial truck means it requires a much greater stopping distance. When truckers exceed posted speed limits or drive too fast for conditions, the risk of a severe collision increases dramatically. Other forms of reckless driving, such as following too closely, unsafe lane changes, or failing to yield, are also significant contributors.
- Distracted driving: Like all drivers, truck operators can be distracted by electronic devices, eating, or other activities in the cab. Even a momentary lapse of attention can have severe consequences when operating a vehicle of this size.
- Improper truck maintenance: Commercial trucks require diligent maintenance. Worn tires, faulty brakes, non-functioning lights, or issues with steering and suspension can all lead to equipment failure and contribute to an accident. In many situations, the trucking company may be accountable for poor maintenance.
- Unsecured or overloaded cargo: Improperly loaded cargo can shift during transit, causing the truck to become unbalanced, particularly on curves or during sudden stops. This can lead to rollovers or jackknife accidents. Exceeding legal weight limits also compromises a truck’s stability and braking capabilities.
- Inexperienced or poorly trained drivers: A lack of proper training or insufficient experience can lead to poor decision-making, misjudging distances, or mishandling of the vehicle’s systems. If a trucking company cuts corners in its training programs, it may be held responsible for the actions of its drivers.
- Poor road and weather conditions: New Mexico’s diverse terrain and weather patterns, from dust storms and flash floods to icy mountain passes, present challenges for all drivers. Roads that are not well-maintained, lack proper lighting, or have insufficient shoulder space can exacerbate these issues for large commercial vehicles.
By identifying what went wrong, we help our clients find answers and hold the right parties accountable.
Types of Truck Accident Cases We Handle
No two wrecks are the same, but some of the most severe injuries and wrongful death cases we have handled stem from:
- Rear-end collisions
- Jackknife accidents
- Rollover crashes
- Underride accidents
- Hazardous material spills
- Multi-vehicle pileups
- Regardless of how the crash happened, if a truck left you or your loved ones hurt, we are ready to advocate for you. We have seen the damage these cases can cause, and we know how to build a case that reflects everything you have lost.
Injuries in Truck Crashes Can Be Life-Altering
Because of the significant size difference between trucks and passenger vehicles, injuries in these crashes tend to be more severe. Victims may face years of recovery, limited mobility, and financial instability. Some of the most common injuries we see include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken bones or crushed limbs
- Internal organ damage
- Burns and disfigurement
- Psychological trauma, including PTSD
These injuries are not minor. They affect every aspect of your life, from your ability to work to how you interact with your family. You deserve compensation that reflects the full impact of your injuries.
Who Can Be Held Responsible for a Truck Accident?
One of the most challenging aspects of a trucking case is identifying all liable parties. While the truck driver may have caused the crash, others may also share fault. Possible defendants in a New Mexico truck accident case include:
- The truck driver: For reckless behavior, intoxication, distracted driving, or violation of FMCSA regulations
- The trucking company: For negligent hiring, lack of training, or poor vehicle maintenance
- A freight or logistics company: If they overloaded the trailer or improperly secured the cargo
- A truck or parts manufacturer: In cases involving brake failure, tire defects, or other mechanical problems
- A maintenance provider: If third-party mechanics failed to inspect or repair the vehicle properly
- Government entities: In rare cases, a municipality or state agency could share responsibility for poorly maintained roads or missing signage.
We carefully examine accident reports, black box data, maintenance records, dispatch logs, and other key sources of evidence to determine who should be held accountable.
What Is New Mexico’s Comparative Negligence Rule?
New Mexico follows a pure comparative negligence rule. This means that if the court finds you to be partially at fault for the accident, your compensation may be reduced by your percentage of responsibility. For example, if your total damages are $100,000, but the court finds you to be 20% at fault, you would still be able to recover $80,000.
This rule allows for recovery even if you bear a significant portion of the blame, unlike some states where partial fault can completely bar recovery. However, insurance companies will often attempt to assign a greater percentage of fault to the injured party to reduce their payout, making skilled legal advocacy from a New Mexico truck accident attorney particularly important.
What Damages Can You Recover After a New Mexico Truck Accident?
A truck crash can derail your financial stability almost immediately. Between medical bills, time off work, and long-term treatment needs, the financial toll can be staggering. We fight to recover economic and non-economic truck accident damages, such as:
- Past and future medical expenses
- Lost income and reduced earning potential
- Modifications to your home or vehicle due to disability
- Property damage
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of companionship or consortium
- Wrongful death damages if a loved one was killed
- Punitive damages in rare circumstances
We work closely with medical professionals, vocational experts, and economists to calculate the full extent of your losses.
How Do Trucking Companies Try to Limit Their Responsibility?
The trucking industry does not make it easy for victims. They often take steps immediately after a crash to start protecting themselves. Some common tactics we have seen include:
- Sending their own investigators to the crash scene
- Claiming the driver was an independent contractor to dodge responsibility
- Disposing of critical data before anyone else can access it
- Lowball settlement offers made when families are most vulnerable
- Blaming the other driver
Our team has dealt with all the major trucking insurers, and we know their tactics. We do not back down, and we do not recommend accepting less than what your case is worth.
How Do You Prove Negligence in a New Mexico Truck Accident Case?
To succeed in a truck accident claim, you must show that another person or company failed to act responsibly and that this failure caused the crash. In legal terms, this is known as negligence. Truck accident cases often involve more layers than standard car crash cases, especially when they involve multiple entities, such as drivers, freight companies, maintenance contractors, or vehicle manufacturers. In New Mexico, you must establish four key elements to prove negligence:
Duty of Care
All drivers, including commercial truck operators, have a legal duty to drive safely and follow traffic laws. Trucking companies also have additional responsibilities under federal and state law, such as screening drivers properly, maintaining vehicles, and complying with HOS limits.
Breach of Duty
A breach occurs when a driver or company fails to meet their legal obligations. Examples might include:
- A driver operating while fatigued or distracted
- A carrier neglecting required maintenance
- A company hiring an unqualified driver
- Overloading a trailer or failing to secure cargo properly
This step involves showing that the responsible party deviated from what a reasonable person or company would have done under the same circumstances.
Causation
It is not enough to show that someone made a mistake. The mistake must be directly linked to the crash. For instance, if a truck’s brakes failed due to worn pads that should have been replaced, and that failure led to a rear-end collision, the defective brakes are a clear cause. Often, proving causation requires testimony from accident reconstruction specialists, vehicle mechanics, or forensic engineers. We work with expert witnesses who can examine the data and provide solid analysis to support your claim.
Damages
Finally, the crash must have resulted in physical, emotional, or financial harm. We gather medical records, employment data, and other evidence to document the full extent of what you have suffered.
Evidence We May Use to Prove Negligence
Collecting and presenting compelling evidence is central to proving each of these elements in a truck accident case. Unlike standard car collisions, the scope of evidence in a commercial truck accident is significantly broader and often more complex due to federal regulations and the involvement of corporate entities. Key evidence sources include:
- Police accident reports: While not always conclusive on fault, these reports provide initial observations, diagrams of the scene, and witness contact information, serving as an essential starting point.
- Event data recorder (EDR) data: Often referred to as the “black box,” the event data recorder in commercial trucks records critical information, such as speed, braking, acceleration, steering inputs, and seatbelt use, in the moments before a collision. This data can objectively demonstrate a driver’s actions.
- Driver’s HOS logs and electronic logging devices (ELDs): These records show how long a driver has been on duty, driven, and rested. Violations of HOS regulations can indicate driver fatigue.
- Trucking company records: This includes maintenance and inspection records for the truck, driver hiring and training files, dispatch records, and safety policies. These documents can reveal patterns of negligence by the trucking company, such as a failure to maintain their vehicles or to properly vet and train drivers.
- Cargo manifests and bills of lading: These documents detail the weight and type of cargo being transported, and how it was loaded and secured. Improper loading or overloading can contribute to accidents and point to the liability of the cargo loader or trucking company.
- Witness statements: Testimony from eyewitnesses to the accident can provide valuable perspectives on how the event unfolded.
- Traffic camera or dash cam footage: Video recordings can offer an objective view of the accident, capturing details that might otherwise be missed.
- Post-crash drug and alcohol test results: Federal regulations require drug and alcohol testing for commercial drivers involved in certain accidents. These results are critical in cases where substance impairment is suspected.
- Expert witness testimony: Accident reconstructionists can analyze the physical evidence to determine the sequence of events and the forces involved. Trucking industry safety experts can testify about regulatory compliance and industry standards. Medical professionals can explain the nature and extent of injuries and their long-term impact.
At Munley Law, we systematically gather and analyze all available evidence to build a robust argument demonstrating negligence. We work with qualified experts to establish a clear causal link between the at-fault party’s actions or inactions and your injuries. This detailed approach is essential for holding all responsible parties accountable and pursuing the compensation you are due.
What Is the Statute of Limitations?
New Mexico’s statute of limitations gives you three years from the date of a truck accident to bring a personal injury claim in most cases. While three years may seem like a long time, delays can significantly weaken a case. Critical evidence, like dash cam footage, black box data, driver logs, and maintenance records, can disappear quickly. Witnesses’ memories fade. Trucks get repaired and put back on the road.
There are some limited exceptions to this rule, such as for minors or individuals who become incapacitated, but we do not recommend relying on these exceptions. Contact us as soon as possible so we can begin gathering evidence while it is still fresh.
Why Does Skilled Representation from Munley Law Matter?
Pursuing a truck accident claim demands a different approach than a typical car accident claim. The stakes are higher, the regulations are more complex, and the opposing parties are often well-resourced and aggressive in defending against claims. Our experienced New Mexico truck accident lawyers can provide invaluable assistance by:
- Conducting a thorough investigation: We possess the resources and knowledge to investigate complex truck accidents, including engaging crash experts, forensic specialists, and medical professionals to gather and analyze evidence.
- Handling communication with insurers: Insurance companies often attempt to minimize payouts or obtain statements that could harm your case. We handle all communications, protecting your interests.
- Identifying all accountable parties: We work to identify every entity that may share responsibility, broadening the potential sources of compensation.
- Interpreting complex regulations: Commercial trucking is heavily regulated by federal and state laws and transportation regulations. A deep familiarity with these regulations is essential for building a strong case.
- Accurately valuing your claim: We consider all current and future damages, including long-term medical needs and lost earning potential, to arrive at a full and fair compensation amount.
- Negotiating on your behalf: We will vigorously negotiate with insurance companies to reach a fair settlement.
- Representing you in court: If we cannot settle, we are prepared to take your case to trial and present a compelling argument to a jury.
We provide compassionate yet assertive legal representation for those affected by commercial vehicle accidents in New Mexico. We have a long-standing track record of helping New Mexicans injured in personal injury accidents. Our firm has the experience and dedication needed to confront large trucking companies and their legal teams.
Talk to Our New Mexico Truck Accident Attorneys Today
If you have been hurt or lost a loved one in a crash involving a commercial truck, you do not have to figure out how to get justice alone. Our team at Munley Law offers free consultations, and we are ready to listen, answer your questions, and help you take the next step toward recovery.
Contact us today to schedule your free consultation. You have been through enough. Let us take on the legal burdens so you can focus on healing and moving forward. We are your neighbors, and we are here for you.