Commercial Truck Accident FAQs | Roswell Injury Attorney

Commercial trucking accounts for 3% of all traffic accidents in New Mexico, and about 1 in every 15 trucking accidents result in an incapacitating injury. Victims of such accidents can accrue medical debt or lose the ability to work, and we believe that Roswell, New Mexico drivers deserve the best legal help, especially when another driver’s negligence has caused them harm.

Roswell attorney James Shaw understands how to best protect his clients and fight on their behalf. Curious about beginning a lawsuit? Don’t know where to start? Read these commercial truck accident FAQs to learn more.

Accidents are caused by negligence. Negligence occurs when someone’s actions breach their duty of care to others. For example, truck drivers have the duty to drive safely, and if a truck driver performs his job while fatigued and in doing so causes an accident, then the truck driver is held liable, or responsible, for his negligent act.

A Roswell injury attorney will ask you for the specific details of the cause of your accident, to see if they may be considered negligence. Some common causes of trucking accidents include:

• Driving under the influence
• Driving while fatigued or distracted (such as while texting)
• Failure to check equipment functionality
• Speeding or not obeying other traffic laws

Negligence comes in many forms, and can cause serious harm. Remember that if both parties are held liable for negligence, then your financial compensation may be adjusted for how much you are at fault for the accident.

How Much is My Commercial Truck Accident Worth?

One of the most common commercial truck accident FAQs is about knowing how much a case is worth. To estimate this, your lawyer will account the following:

• Medical bills and treatment
• Lost wages and benefits
• Future lost wages and benefits
• Pain and suffering
• Emotional distress

The payment amount depends on the severity of injuries, like whether or not they require lifelong care, or have impeded your ability to work. Some trucking accident settlements have resulted in millions of dollars.

In order to ensure the greatest amount of compensation, consider working with a truck accident lawyer in Roswell to represent your interests, even if you don’t go to court.

You may need to go to court, though not always. Typically, there are two ways your lawsuit can go:

1. Trial
   This involves working with a Roswell injury attorney to represent your interests in court in front of a judge and jury. The court will determine liability and compensation.
2. Settlement
   A settlement occurs outside of court and results in financial compensation, usually in exchange for the plaintiff signing a contract that drops liability charges. A settlement can be initiated even if a trial has already begun.

Both can result in financial compensation, though some may favor a settlement. It’s advantageous to work with an attorney because both processes require negotiation, contracts, and debates. It’s best to reach out to a legal professional as soon as you are able, so that you comply with New Mexico’s statute of limitations.

According to New Mexico law, you will need to file a case within three years of the accident. Your case may resolve within months or years, depending on its complexity.

Tired of looking for a truck accident lawyer in Roswell? Roswell attorney James Shaw has over 30 years of legal experience specializing in personal injury and large truck accidents. Mr. Shaw is qualified to practice law in four states, including New Mexico, Texas, Colorado, and North Dakota. When you need someone to fight for you, hire Mr. Shaw today at 1.800.555.0101. Your initial consultation is free!