How to Determine Fault After an 18 Wheeler Accident in New Mexico
Consider the fact that an 18 wheeler can weigh up to 80,000lbs and is often traveling at speeds in excess of 60mph on the highways in and near Hobbs, New Mexico. Combine that speed and weight to imagine the potential force and devastation an 18 wheeler can cause when operated by a negligent driver. If you’ve unfortunately experienced this force first hand by being involved in an accident with an 18 wheeler, a Hobbs injury lawyer can help.
Hiring an experienced lawyer after an accident with a commercial truck is vital because 18 wheeler accident cases are often exceedingly complex. To be ready to fight for the compensation you deserve, you need an experienced attorney who knows how to win 18 wheeler accident cases like New Mexico attorney James Shaw. Mr. Shaw has been at the helm of one of Texas’s largest personal injury law firms, Carabin Shaw, for 28 years.Understanding Negligence in 18 Wheeler Accident Cases
To understand how to determine fault after an 18 wheeler accident in New Mexico, you must understand the concept of ‘negligence.’ In legal terms, negligence means failure to behave in a way that reasonable, prudent people could be expected to behave in a similar situation. To put it more simply, negligence occurs when someone breaches their “duty of care.” We all owe a duty of care to each other, meaning that people must not intentionally do things to hurt other people.
To prove negligence in an 18 wheeler accident case, you and your lawyer will have to prove the following:
- That the defendant owed the plaintiff a duty of care
- That the defendant breached that duty of care
- That the breach of the duty of care caused the accident
- That the accident caused the injuries that the plaintiff is seeking damages for
Fault in 18 wheeler accident cases is rooted in the concept outlined above, negligence. If you and your attorney can prove that the truck driver that caused your accident acted negligently, you will most likely be able to recover damages because negligence implies fault in the accident.
Some common examples of negligence that you and your Hobbs injury lawyer can seek to prove after your accident include:
- Distracted driving
- Driving under the influence
- Running red lights and stop signs
- Driving while fatigued
- Improper maintenance
- Improper loading
Call an 18 wheeler accident lawyer in Hobbs if you’ve been injured by a negligent driver.Pure Comparative Fault in New Mexico
New Mexico is a pure comparative fault state when it comes to determining fault and paying damages in automobile and truck accident cases. Pure comparative fault means that there will be a determination of the percentage of fault each party involved in the accident is responsible for and then the damages awarded will reflect those percentages. Unlike modified comparative fault, in pure comparative fault law there is no cut-off point of fault at which you are unable to recover damages.
For example, if you are determined to be 20% responsible for your accident with an 18 wheeler, you will be able to recover 80% of the total settlement. Even if you are 90% responsible for your accident, you will still be eligible to recover 10% of the total damages awarded due to the pure comparative fault laws in New Mexico.Hiring a Personal Injury Attorney
After an accident with an 18 wheeler, it is critical that you have an attorney representing you. Reach out to an 18 wheeler accident lawyer in Hobbs as soon as possible after your accident to ensure that your claim is handled appropriately and professionally. New Mexico attorney James Shaw has the experience and determination to help you fight for the money you deserve.
Call 1-800-555-0101 for a free, no-obligation consultation today.