The ultimate personal injury in any New Mexico 18 wheeler wreck is wrongful death. Unfortunately, collisions with large commercial trucks like 18 wheelers, semi tractors, tractor trailers, and other box trucks are likely to cause serious and likely fatal injuries. This is because of the sheer size, weight, and speed of these large trucks, particularly on interstates like I-40, I-25, and I-10. This generates significant force which can twist metal and crush bone. Victims of 18 wheeler wrecks who are lucky enough to survive will likely face a lifetime of health complications, disability, and medical treatment.
But many people do not survive high-speed trucking crashes. When a loved one is wrongfully killed due to a New Mexico 18 wheeler wreck, his or her family will have rights under New Mexico statutory and common law. These rights allow a family to hold the responsible truck driver and trucking company liable for damages, including loss of income, loss of services, and the pain and suffering the victim went through before wrongful death. In certain instances, compensation can be awarded for punitive damages when the truck driver or trucking company’s conduct is extreme and egregious.
There are several steps to take after an 18 wheeler wreck causes the wrongful death of a loved one. These include the following:
1. Pay Your Proper Respects to Your Loved One – Always ensure that hold a proper burial for your loved one before attempting to attack a trucking company for your loss. Pay your condolences to your loved one and celebrate his or her life. This is the most important thing you can do following a wrongful death.
2. Obtain Information – Gather information from the responding police and medical records of your loved one. Keep receipts for burial expenses and funeral services. Make sure you gather and preserve bills and invoices from all businesses or providers related to the accident. Keep records of witnesses to the crash and the names of first responders.
3. Contact an Experienced New Mexico 18 Wheeler Wreck Attorney – A wrongful death lawsuit is one of the most complicated types of personal injury actions, especially when the wrongful death is caused by a trucking crash. This is because trucking crashes are not like normal motor vehicle accidents. They are significantly more complicated and draw on state and federal laws or regulations.
There are also some reasons you want to obtain experienced legal representation right away. For instance, large commercial trucks have on-board computers which monitor the truck’s processes, functions, and movement. This is stored on an ECM chip, which can easily be erased-intentionally or mistakenly. Many times an insurance carrier will immediately download the ECM information and wipe it clean, meaning the insurance carrier for the trucking company contains all of the information following the crash. This is not ideal for a victim. By quickly obtaining legal counsel, your counsel can quickly move to preserve the ECM data or compel an expert to properly remove the data and share it with both parties.
Additionally, you will need to advise your insurance carrier of the fatal crash. Your insurance carrier may attempt to lessen its liability or responsibilities by manipulating the facts or questioning the rendition of the facts. By obtaining counsel, your lawyer will know how to answer these questions to protect your rights later.
Nothing can bring back your loved one. But nothing can reverse some of the steps you may take in a wrongful death case if you try to do it yourself or hire inexperienced counsel. Here at the NM Truck Accident Attorneys, catastrophic and fatal trucking accidents are what we do. We have the experience and knowledge necessary to prove liability and demonstrate your damages to a court in order to obtain the compensation you deserve for your loved one’s injuries. Call us today to schedule a FREE consultation by dialing today (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.