Even more important, the economic damages will have to cover the value of your lost wages, past, and future.
Albuquerque, NM – A truck accident is far more likely to cause fatalities than a collision between passenger cars, and the same applies to injuries. It’s simple physics – the occupants of a 4,000 lbs sedan have little chance of escaping unharmed from a collision with an 18-wheeler that can weigh up to 80,000 lbs, particularly if the commercial vehicle is speeding, which is often the case. According to New Mexico statistics, one out of every 15 truck accidents results in severe injuries to one or more people.
If you were recently involved in such a crash, you should schedule a free consultation with an Albuquerque truck accident lawyer to see how much your claim might be worth and what type of additional investigations might be needed.
What sort of damages can you get for a truck accident in Albuquerque?
Victims are entitled to receive compensatory damages and, in some cases, punitive damages as well.
Compensatory damages are of two types:
Economic damages refer to financial losses that can be proved by bills. Your economic damages will have to cover your medical bills, including rehabilitation treatments or medical equipment you might need for home care. You should never hurry to settle a claim before you know exactly where you stand. Skilled New Mexico truck accident lawyers might refer you to an independent medical expert for evaluation so you know when and if you’ll make a complete recovery. If it turns out that you need further surgery or physiotherapy and you’ve already settled, it will be impossible to get the extra money you need.
Also, your compensation will have to include the property damages, that is the cost to repair or replace your car.
Even more important, the economic damages will have to cover the value of your lost wages, past, and future. Once again, you need to know exactly when you’ll be able to return to your old job. If you are left with a disability it might be impossible to get back to your old work and you might have to find another job, which may pay less, in which case you need to be compensated for the loss of revenue.
Non-economic damages are more difficult to calculate as they refer to your physical and mental pain and suffering. It is essential that you talk to seasoned truck accident lawyers to understand what kind of compensation you can claim. There are no caps on pain and suffering damages in New Mexico so it is up to your lawyers to convince the insurance adjuster or the jury in a lawsuit just how much the injuries impacted your life.
To get punitive damages you must file a lawsuit and your lawyers will have to prove that the truck driver’s actions were reckless or intentional. For instance, you can expect punitive damages if the other driver was drunk and had a history of drunk driving. In such a case, the trucking company might also be held accountable for hiring such a dangerous driver.
How is blame for a truck accident in Albuquerque determined?
New Mexico follows a pure comparative negligence rule, which means that you can recover damages even if you were 90% to blame for the crash. This is why you should leave all communications with the insurance agency to a reliable truck accident attorney. Above all, never admit to bearing some part of the blame. If you did something wrong let your lawyers talk to the insurance adjuster and negotiate your percentage of the blame.