How Do Truck Accident Claims Work in New Mexico?
At the Law Office of Samuel I. Kane P.A., our Las Cruces truck accident attorneys understand that there is a lot of confusion involving a big rig, semi-trailer, or commercial truck crash.
That’s because truck accidents involve many different factors, including that there may be more than one party involved in the negligence that led to your injuries. Another issue is that truck accidents commonly affect several vehicles, because of their size and weight.
Our truck accident lawyers in Dona Ana County focus solely on semi-truck crashes and injuries, which allows us to use our experience and resources to produce results for our clients.
One of the most common questions we receive after a Las Cruces truck accident is, “How does a truck accident claim work in New Mexico?” We have answers.
Step One: Decide on who will protect your rights against the insurance company.
There are many moving parts involved in filing a claim against a negligent truck driver, trucking company, or truck manufacturer after an accident has occurred.
The negligent party’s insurance company is going to aggressively focus on denying your claim, which means they will do – or say – anything to get you to take responsibility for the collision.
Choosing a truck accident attorney in Las Cruces is the start of your protection, which allows you to focus on healing while we handle the details of your claim.
Once you choose a truck crash lawyer, the partnership will become official by reviewing, negotiating, and signing a contract with terms you feel good about.
Step Two: Follow your Las Cruces truck accident attorney’s advice.
Once we begin evaluating your claim, we will advise you to limit all communication about your case to your attorney only.
That includes some simple guidelines:
- Get medical attention as soon as possible after the truck accident, and fully follow each of your physician’s instructions
- Do not sign anything or answer any questions
- Give the name and phone number of our truck accident lawyer to all contacts
- Avoid sharing the details of your truck accident injuries with anyone
- Do not discuss your truck accident on social media, or with friends or family members
All communication with the negligent party, their insurance company, and attorney (where applicable), will go through our office.
Step Three: Investigation and evidence collection.
As your Las Cruces truck accident attorney, we will record your personal account of the truck crash, and the details of your injuries, medical visits, and ongoing needs.
Then we will focus on the investigation, which can include:
- Reviewing police reports
- Partnering with qualified accident scene investigators to visit the truck crash site
- Developing the accident reconstruction, when necessary
- Interviewing witnesses from the scene of the crash
- Locating and reviewing available traffic camera recording evidence
- Coaching you through the process of consistently and accurately describing the truck crash
- Conducting conversations with the truck company’s legal and insurance representatives
- Demanding and reviewing copies of all documents and any additional evidence that will bolster our case
- Meeting with insurance adjusters
We will leave no detail to chance during the discovery phase of your truck accident claim, so we can pursue the best financial outcome available for your case.
Step Four: Outline our demands for financial recovery in writing.
As your semi-truck accident attorney, we will draft and send a personal injury demand letter to the insurance company of the person or business responsible for causing your injuries.
The letter will outline our complete demands for financial recovery and ensure each expense you have incurred – or will incur – as a result of your injuries is included in the document.
Step Five: Negotiate a fair and just settlement on your behalf.
The negligent party’s insurance company now knows exactly what we want to release them from liability in your truck accident.
After they have independently investigated the truck accident, they will have one of three options:
- Accept our demands and move forward with an out of court settlement
- Negotiate the terms and present a counteroffer for our review
- Deny our demands, and meet us in court
Step Six: Proceed to trial.
Each Las Cruces truck accident and its injuries are different. Some cases can be settled outside the courtroom, while others require a more aggressive approach to achieving the best results, including going to trial.
Should your case require us to litigate your claim inside the courtroom, rest assured that we are ready.
If you have been injured in a truck accident in New Mexico, contact our New Mexico truck accident attorneys at the Law Office of Samuel I. Kane P.A today by calling 575-222-0472 to schedule a free consultation.