Many times people are traveling through New Mexico and are hurt in New Mexico auto accidents. Usually people are from Arizona, Texas, or California and are hurt while they commute back and forth from work, especially oil workers in New Mexico. Other times people are hurt on their way to and from vacations or visiting with family. Many truck drivers are injured by other truck drivers or motorists, and most of these injured truck drivers live in California like Upland or San Bernardino and have to travel through New Mexico.
What happens when they are injured in a New Mexico auto accident or New Mexico trucking accident?
Can out-of-state victims sue in New Mexico? What laws apply?
Learn more from our New Mexico auto accident lawyers and New Mexico trucking accident lawyers at the Mark Caruso
If you live out of state and are injured in a New Mexico auto accident, your first thought may be to commence an action in the state you live in. This is particularly true because you may already have a lawyer there, or have family or friends that you trust who know a lawyer in your state.
But this is a big mistake!
New Mexico law is likely going to govern in a New Mexico auto accident case. This is because it is a tort claim, or a civil wrong case such as a personal injury case. Tort claims are generally venued, which means properly commenced in, the state which the tort occurred. This means a New Mexico auto accident is generally going to be properly venued in New Mexico.
Because of this, your lawyer from out-of-state may not be licensed in New Mexico. In addition, this out-of-state lawyer may also not know the laws of New Mexico. Even if the out-of-state lawyer is licensed in New Mexico, he or she may not regularly practice in New Mexico and may not know the laws, regulations, and caselaw like a New Mexico lawyer. This is particularly important in complicated cases or where there are serious injuries, particularly a wrongful death.
This is why you need a New Mexico auto accident lawyer to represent you in any New Mexico auto accident. Even if you live out-of-state and are a non-resident, if you are injured in New Mexico you need to contact a New Mexico auto accident lawyer.
You also want to be in New Mexico. The laws are generally friendly to plaintiffs who are hurt in New Mexico car crashes, including a three year statute of limitations on personal injuries and wrongful death claims. New Mexico has a long jurisprudence of ensuring victims are treated properly and their rights are protected. The statute of limitations is a bar on when you can bring a claim, and Texas. Arizona, and California only have a two year statute of limitations for personal injuries.
Here at the Mark Caruso, our experienced Albuquerque auto accident lawyers can work with you and your family no matter what state you live in. If you or a loved one have been seriously injured in a rear end car accident, please call to schedule your FREE appointment with our lawyers at the Mark Caruso by dialing (505) 883-5000.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.