What if I Was Partially At Fault in a New Mexico Trucking Accident?
Understanding Comparative Fault in New Mexico Trucking Accidents: What if I Was Partially at Fault in a New Mexico Trucking Accident?
They are time many possible causes of a New Mexico trucking accident. Many of these causes are avoidable and preventable with the reasonable use or operation of a motor vehicle. This means that most motor vehicle accidents are unnecessary if a defendant drives with care. However, we know that does not always happen. Unfortunately, as a victim there are often very few things that had to to be done to avoid an accident. This is because most accidents occur in a split-second, especially with a fast-moving 18 wheeler on a highway or interstate. Although there is often little that a victim can do, far too many victims blame themselves for a New Mexico trucking accident. One of the most common questions our experienced Albuquerque trucking accident lawyers get is whether a victim partially at fault in a New Mexico trucking accident can still collect compensation.
Yes, in most instances a victim of a crash will be able to obtain compensation for their personal injuries if they were partially at fault in a New Mexico trucking accident. However, this does not stop insurance adjusters or defense attorneys for blaming victims for their personal injuries. Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident lawyers do not let aggressive insurance adjusters for defense lawyers undervalue or deny a proper claim for personal injuries due to a negligent truck driver or trucking company. If you or a loved one were seriously injured, or if you lost a loved one in a wrongful death accident, call for a free consultation to learn how we can defend your right to compensation today.
New Mexico is a Comparative Fault State
In a personal injury action, a person or business who is at fault is “liable” for the accident. Determining liability in a personal injury case is an important part of all cases. However, most tractor trailer accident cases have multiple parties maybe at fault or liable for the accident. This includes the fault of a victim who may have caused or contributed to the subject accident.
Even though a victim is partially at fault in a New Mexico trucking accident, he or she may still be able to collect compensation for his or her injuries. However, the victim may not be able to recover the full amount of the court award. This is because New Mexico is a comparative fault state, which means that a victim may still recover for his or her injuries in a personal injury accident, however, the victims percentage of default or liability the directly reduce the award amount.
For example, if a victim is entitled to $100,000 in a court award and is found to be 10% comparatively at fault, the victims court award will be reduced to $90,000. Even if a victim is 90% comparatively at fault, a victim will still be able to collect $10,000 on a $100,000 court award. This is an incredibly important because it allows a victim to at least pay for most medical bills and lost wages even if a victim is largely at fault.
Ask our New Mexico Trucking Accident Lawyers to Help Your Case
Whenever you believe that you may partially be at fault for a New Mexico trucking accident, be sure to ask for our Albuquerque trucking accident lawyers. This is because insurance adjusters and defense attorneys will try to maximize your comparative fault and minimize your court award, therefore reducing your overall compensation. Our experienced Albuquerque trucking accident lawyer Mark Caruso knows this first hand, as he previously worked as a defense lawyer before becoming a plaintiffs lawyer and protecting victim rights. This means he know some of the common tricks and tactics that an insurance adjuster for defense lawyer may try to use to undervalue your claim.
If you or a loved one suffered a serious or debilitating injury in a New Mexico trucking accident, please ask our Albuquerque trucking accident lawyers for help today. We have handled many different types of trucking accidents and other injury cases throughout New Mexico. 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.
