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  • CAN I RECOVER IF I WAS PARTIALLY AT FAULT IN A NEW MEXICO TRUCKING ACCIDENT?

    by Mark Caruso | 2020-02-21 | New Mexico Truck Accident Attorney , NM Truck Accident Attorney , NM Truck Accident Lawyer , Truck Accident Attorney

  • Albuquerque Trucking Accident Lawyer Explains Comparative Fault

    New Mexico has many important trucking routes that service the entire United States. Interstates such as I-40, I-25, and I-10 are important trucking routes for north and south to east and west navigation. This means that residents of New Mexico, particularly of Albuquerque because of the interstate exchange, must deal with heavy tractor trailer traffic on a daily basis. Well many tractor trailer drivers are safe and do a commendable job at keeping us safe, far too many 18 wheeler drivers cause New Mexico trucking accidents. Many times a trucking accident is caused solely by the truck driver or trucking company, this including due to speeding, driving while fatigued (hours of service violations), aggressive driving, distracted driving, and many other causes. Unfortunately, our Albuquerque trucking accident lawyer knows that a trucking company or truck driver will try to blame a victim for causing the New Mexico trucking accident.

    This can be overwhelming if a victim has suffered catastrophic personal injuries the such as traumatic brain injuries, spinal cord injuries, amputations, broken bones, and other catastrophic personal injuries. Truck drivers, trucking companies, and insurance carriers will all try to blame the victim for causing a trucking accident. However, our experienced Albuquerque trucking accident lawyer at the Caruso Law Offices, P.C. will not let that happen without a fight. We have former experience as an insurance defense lawyer and we know the games that insurance companies and trucking accidents will play from the inside information we have gained over years of experience on the defense side. This now serves to help us represent victims on the plaintiff side. Learn how we can help fight back to protect your rights to compensation if a trucking company is blaming you for a New Mexico trucking accident.

    What is Comparative Fault?

    Under the law, comparative fault is a type of affirmative defense or waive that a defendant truck driver can shift blame and damages. Every state in the United States has either a form of contributory negligence or comparative fault. Contributory negligence it is a very strict doctrine which means any fault by the victim bars recovery, even if that is 1%. Comparative fault, on the other hand, allows a victim to recover as much compensation that is an awarded to him or her minus whatever comparative fault he or she has. Thus, if a victim is 10% at fault and recovers $100,000, he or she will be entitled to recover $90,000.

    It is important to know that some states use a modified comparative fault structure which means that a victim may recover compensation based on his or her fault so long as the victim is not more than 51% at fault for causing the 18 wheeler wreck.

    Partially At Fault in a New Mexico Trucking Accident

    Therefore, if a victim suffers personal injuries after a big rig crash he or she may be entitled to recover compensation even if he or she is partially at fault in a New Mexico trucking accident. This is important because after a semi tractor-trailer collision a truck driver or insurance adjuster will try to scare you into thinking that you do not have any claim because you were at fault, even a little bit at fault. Do not fall for this trick. We can protect your rights to compensation but we can only do so if you know your own rights and that is under New Mexico law if you are partially at fault for a trucking accident you may still be entitled to recover compensation no matter what percentage of faults you are found liable.

    Albuquerque Trucking Accident Lawyers Helping Partially At Fault Victims

    If you or a loved one are seriously injured due to a negligent truck driver on I-40, I-25, I-10, or any other roadway in New Mexico, or if a loved one is wrongfully killed, ask our Albuquerque trucking accident lawyers to help you. Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. 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.

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