If you’ve been involved in a truck accident in New Mexico, you probably have more questions than answers. That’s normal. At The Injury and Disability Law Center, our experienced truck accident attorney has represented many clients injured in crashes with 18-wheelers, oil field trucks, and other commercial vehicles—and we’ve recovered millions for them.

Large white delivery truck driving on the highway

Below are answers to the most common (and most important) questions we hear from clients. If you don’t see your question here, don’t worry—we’re just a phone call away.

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Table of Contents

1. Do I really need a lawyer after a truck accident?

Yes. Truck accident cases are far more complex than typical car accidents. You’re not just dealing with another driver’s insurance company. You’re likely going up against a trucking company, a commercial insurer, and their legal team. From day one, they’ll be looking for ways to reduce or deny your claim. You need someone who knows the law, knows the tricks, and knows how to fight back. There are at least five reasons you need a skilled lawyer, and each of them can make the difference between a denied claim and a successful recovery. 

2. What should I do immediately after the accident?

  • Call 911 and report the crash.
  • Seek medical attention, even if you don’t feel injured.
  • Take photos of the scene, your vehicle, the truck, and your injuries if you’re able.
  • Get names and contact info of any witnesses.
  • Don’t talk to the trucking company or their insurer.
  • Call an experienced truck accident lawyer as soon as possible.
  • Evidence disappears quickly in truck accident cases, especially things like black box data and driver logs. The sooner you have legal representation, the better.

3. How is a truck accident different from a regular car accident?

Truck accidents usually involve:

  • Much more serious injuries
  • Larger insurance policies
  • More aggressive defense tactics
  • Federal safety regulations (that may have been violated)
  • Multiple potentially liable parties (driver, company, loader, maintenance firm, etc.)

They require in-depth investigation and legal strategy. These cases are not DIY-friendly or suitable for a generalist.

4. What kinds of injuries are common in truck accidents?

We see injuries that range from serious to catastrophic, including:

  • Traumatic brain injuries (TBIs)
  • Spinal cord damage or paralysis
  • Multiple fractures
  • Internal organ damage
  • Burn injuries
  • Permanent disability
  • Emotional trauma and PTSD

Even if you don’t “look” hurt at the scene, many serious injuries develop in the hours or days after the crash. Always get checked out by a doctor.

5. What compensation can I recover?

You may be entitled to compensation for:

  • Medical bills (past and future)
  • Lost wages
  • Lost future earnings (if you can’t return to your career)
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Loss of enjoyment of life
  • Punitive damages (in some cases)

If a loved one was killed in the crash, you may also have a wrongful death claim.

6. How long do I have to file a claim?

In New Mexico, the statute of limitations is generally three years from the date of the accident for personal injury or wrongful death. However, waiting too long puts your case at serious risk. Crucial evidence you need to prove your right to compensation for your injuries in a truck accident—such as logbooks, inspection records, and video footage—may be legally destroyed after a short time unless someone steps in quickly to preserve it.

7. What if the truck driver was from out of state? Can I still sue?

Yes. If the crash happened in New Mexico, you can bring your claim here—even if the driver or trucking company is based in another state. We routinely handle claims against out-of-state carriers.

8. What if I was partially at fault?

New Mexico follows a pure comparative negligence rule. That means you can still recover compensation even if you were partially at fault. Your compensation is reduced by your percentage of responsibility. For example, if you’re found 20% at fault, you can still recover 80% of your total damages.

9. Who can be held responsible for a truck accident?

Possible defendants include:

  • The truck driver
  • The trucking company
  • A third-party maintenance company
  • A cargo loading company
  • The truck manufacturer (in cases involving mechanical failure)

An experienced attorney will conduct a full investigation to identify all liable parties and insurance policies.

10. What is black box data, and why does it matter?

Most commercial trucks have an event data recorder (EDR) also known as a “black box.” It captures valuable information such as:

  • Vehicle speed
  • Brake usage
  • Steering inputs
  • Acceleration
  • Hours of operation

This data can confirm or contradict the driver’s version of what happened. But it can be overwritten or deleted quickly so acting fast is crucial.

11. How do I prove the truck driver or company was at fault?

We use several tools to prove fault:

  • Accident reconstruction experts
  • Driver logbook audits
  • Maintenance records
  • Witness statements
  • Police reports
  • Surveillance or dashcam footage
  • Black box data
  • Violation of federal regulations (e.g., hours of service limits)

Often, fault isn’t just about the moment of impact, it’s about poor hiring, inadequate training, or unsafe practices that started long before the crash.

12. How much is my truck accident case worth?

There’s no one-size-fits-all answer. It depends on:

  • Severity of your injuries
  • Cost of current and future medical care
  • Whether you can return to work
  • Your pain and suffering
  • Insurance coverage available
  • Whether liability is disputed

We’ve recovered millions for clients in truck accident cases, but each situation is different. We provide honest, informed estimates after reviewing your case.

13. What if the trucking company offers me a settlement? Should I take it?

Not without speaking to a lawyer first.

Early settlement offers are almost always lowball offers designed to protect the trucking company’s bottom line. They’re hoping you’ll settle before you realize the full extent of your injuries, your lost wages, or your future medical needs.

14. Will my case go to court?

Not necessarily. Many truck accident cases settle out of court once the facts are clear and the trucking company realizes we’re serious. But we prepare every case as if it’s going to trial, because that’s how you get full value.

If your case does go to court, we’ll be ready.

15. How much does it cost to hire your firm?

Nothing up front. We work on a contingency fee basis—which means you don’t pay us anything unless we recover money for you. That makes it risk-free to get help.

Have more questions? Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.