While there are some very debilitating and catastrophic personal injuries that an individual could sustain in a New Mexico big rig crash like a traumatic brain injury, spinal cord injury, or amputation, the ultimate personal injury in any 18 wheeler wreck is wrongful death. The loss of life is the ultimate personal injury and it is paramount to any other injury. Not only is it unfair when a wrongful death is caused by the negligence of a reckless or careless truck driver or trucking company, but it is a devastating loss for an entire family unit and those that dependent on the deceased loved one.
Here at the NM Truck Accident Attorneys, we understand the emotional and financial burdens that come with the loss of a loved one, especially when that is caused by a wrongful death. Our compassionate and experienced Albuquerque trucking accident lawyer and our staff will lift those burdens off your shoulders and unto ours, so you and your family and focus on recovering. Learn how we can fight back at some of the largest trucking companies by calling (505) 883-5000 for a FREE appointment.
A wrongful death case caused by an 18 wheeler wreck is really two cases in one. There is the underlying trucking crash which was the impetus for the incident. The negligence and conduct there must be established. Negligence means establishing that the truck driver and trucking company had a duty owed to the injured person, they breached that duty, and the breach of that duty proximately caused injuries.
In a wrongful death case, those injuries are the death of the individual. The wrongful death must have been proximately caused by the New Mexico big rig crash. This means that the wrongful death must have been due to the crash, not from a natural cause or other cause thereafter.
This is New Mexico law in both common law (judge-made law) and in New Mexico statutory law (legislatively-made law). Specifically, under NM Stat 41-2-1 “[w]henever the death of a person shall be caused by the wrongful act, neglect or default of another . . . [which would,] if death had not ensured, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensured, shall be liable to an action for damages, notwithstanding the death of the person injured.”
Wrongful death lawsuits are complicated by the very nature, and with the emotional factors, families of individuals who have been wrongfully killed should call an experienced fatal trucking accident lawyer and not try to handle the case themselves. This is particularly true of trucking accidents involving box trucks, big rigs, 18 wheelers, tankers, double trailers, semi tractor trailers, and other large commercial vehicles.
Who brings the wrongful death lawsuit is the family of the deceased. The family is known as the “estate,” and stands in the shoes of the deceased individual and brings the action vicariously. However, an estate does not have an unlimited time period to file a wrongful death action. The time to file a wrongful death lawsuit is actually limited to just three years from the date of the wrongful death, pursuant to NM Stat 41-2-2.
The loss of a loved one is difficult. But legal representation is not if you retain the right law right. Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident lawyer will work with your loved one’s doctors, first responders, and experts to help get you and your family the answers you need. We will also hold those responsible for your loved one’s death liable and accountable to you and your family. Call us to schedule a FREE appointment with our compassionate team today.
We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the NM Truck Accident Attorneys by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.