If you have been involved in a New Mexico trucking accident, it is likely you have sustained some type of personal injury. This is because large commercial trucks like big rigs, tankers, semi tractor trailers, 18 wheelers, and other box trucks have substantial momentum and force behind them when they collide with anything. This means that even low-speed collisions could result in significant damage to a smaller motor vehicle, which could mean significant personal injuries. When occupants are injured by a big rig crash, they may be entitled to compensation for these injuries. But not all damages and injuries that an individual has could be compensable from an 18 wheeler crash.
And defense lawyers for the trucking companies know this. They will exploit that fact to help mitigate their losses to not pay you what you deserve. This is why you need an experienced Albuquerque trucking accident lawyer to protect your rights to compensation such as the lawyers at the NM Truck Accident Attorneys Learn how we can fight back and use leading experts to prove your damages to the court and obtain the compensation you rightfully deserve. Call (505) 883-5000 to schedule a FREE consultation to learn more.
Not every ache and pain you have after a trucking crash is compensable. Under New Mexico law, individuals who have been injured in a semi tractor trailer crash may only recover compensation for injuries that are proximately caused by the crash. This means that the injuries would not have occurred but for the crash.
Thus, if you had a broken leg before the crash and the same exact broken leg after the crash, you cannot blame the trucking company for this injury. The same is true if you had a toothache, back pain, or old scars. You may only obtain compensation for injuries which are related to the crash.
This means that you may obtain trauma caused by the crash such as lacerations, broken bones, organ injuries, and other injuries from the event. You may also obtain compensation for injuries which were caused by the crash but did not manifest themselves until later. This includes herniated discs in the neck or lower back, or latent fractures.
Generally, a victim of a New Mexico box truck crash cannot obtain compensation for pre-existing injuries. After all, these are injuries that are not caused by the subject accident. However there are exceptions. If a patient’s pre-existing condition is exacerbated or worsened by the trucking wreck, a patient may be entitled to compensation for the difference of the post accident injuries and the pre accident injuries.
For example, a common injury is a back injury. A person’s back may have degenerative disc disease and conditions prior to an accident. A person may even go to a chiropractor or doctor for pain management. But the back injury does not prevent the person from working, exercising, running, holding groceries, and other daily activities. However, after a trucking accident the back injury is so bad that the patient needs surgery and is unable to go to work due to pain, can not longer exercise or run, and cannot even hold the grocery bags. The patient is now recommended surgery.
In this example, even though the back injury was preexisting, the person may recover compensation for the surgery and limitations caused by the trucking accident.
If you or a loved one have been injured in a New Mexico trucking accident, you may be entitled to compensation for your injuries. Please call the NM Truck Accident Attorneys by dialing (505) 883-5000 to schedule a FREE consultation with one of our experienced Albuquerque trucking accident lawyers. 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. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.