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I Was Injured in a New Mexico Trucking Wreck, What Damages Can I Recover?
Victims of New Mexico trucking crashes are some of the worst injured, most damaged, and most financially punished for the negligence by another person than any other type of motor vehicle crash. All trucking wrecks, even low-speed or grazed collisions, will cause significant personal injuries to a victim. These are large commercial vehicles which significant weight and speed to them, especially on an interstate like I-40, I-25, or I-10, which can easily crush, bend, and twist steel vehicles. The damage they can do to the soft human body is absolutely devastating.
Here are the Mark Caruso, our experienced Albuquerque 18 wheeler wreck attorneys know how catastrophic the injuries to victims in these crashes can be. We have the knowledge and experience in acquiring compensation for these victims in all types of truck crashes, including 18 wheelers, tankers, double trailers, semis, and other big rigs. We have ligated cases against some of the largest trucking companies in the United States, including J.B. Hunt, FedEx, and Schneider. If you or a loved one have been seriously injured or killed in a New Mexico trucking wreck, call us today for a FREE consultation to learn what damages you may be entitled to by dialing (505) 883-5000.
Damages in New Mexico Trucking Crashes: What You Should Know
A victim of a New Mexico trucking crash will be entitled to damages if the victim can prove that the truck driver and/or truck company breached its duty of care which proximately caused damages to the victim. All motorists have a duty to use reasonable care under the circumstances in the use and operation of his or her motor vehicle. When a truck driver fails to do that, it will result in the breach of the duty.
Thus, a victim in a trucking crash will be able to recover compensation for this breach for all damages. The most common types of damages that a victim may be entitled to include the following:
Pain and Suffering: The actual feelings of pain, suffering, and agony are known as non-economic damages. A victim can be compensated for an accident which causes him or her pain and suffering. This is awarded by a jury in a trial, or by a judge in a bench trial. The pain and suffering will be past pain and suffering from all injuries from the date of the accident to the award. Future pain and suffering may also be awarded for all pain and suffering from the date of the award until the person’s estimate life expectancy. This is the most common type of damage that people think of for personal injury lawsuits.
Lost Wages – A victim of a trucking crash will likely be so injured that he or she will not be able to return to work for days, weeks, months, or even years. Because the victim cannot go to work, he or she will have lost wages from not working. These lost days from work can be compensated in court by the amount the victim would have earned.
Lost Earnings – When a victim is so injured that he or she cannot return to the same job and must take a different job that pays less, the victim will have lost earnings. The lost earnings is the difference between the income levels. For example, a victim of a trucking crash who sustains a broken back may not be able to return to work as a construction worker. The victim may than have to take a desk job that he or she is not qualified for because the victim was trained as a laborer, thus the victim may not be paid as well. This difference is what can be compensated.
Medical Bills – A victim of any motor vehicle crash may also be entitled to medical bills from his or her accident. These medical bills can be rather significant, particularly if there are multiple surgeries or procedures which must be performed.
Loss of Services/Consortium – The victim and his or her spouse or dependents (children, elderly parents), may also recover what is known as loss of services. That is, since the victim is unable to function in the household to the same level he or she could before the accident, the other people in the victim’s life will be able to recover compensation for the victim’s inability to help. This can be something simple as household chores like cutting the lawn which can no longer be done and a landscaper must be hired, or something more complex like loss of love and affection.
Property Damage – Victims of trucking crashes will likely have their motor vehicle totaled or damaged significantly to a point where it will create a financial burden on the family and victim. The negligence defendant can also be required to compensation the victim for the property damage to the victim’s vehicle or possessions.
Damages in New Mexico Trucking Crashes Can be Significant: Call the Mark Caruso For Your Legal Needs
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.