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Las Cruces Truck Accident Lawyer

Each year, hundreds of people are injured in truck accidents throughout Las Cruces, New Mexico. In 2019, 48,124 crashes were reported in New Mexico, and 62% involved heavy trucks. In accidents involving these enormous commercial vehicles, victims often suffer more severe injuries than in other types of automobiles.

People who suffer injuries in truck accidents due to someone else’s carelessness or recklessness should seek the assistance of a Las Cruces truck accident lawyer as soon as possible to safeguard their legal rights. 

Over the years, Ornelas & Serna, a law firm based in Las Cruces, has helped many truck accident victims obtain the justice and compensation they are entitled to. Accident victims require legal representation that will aggressively fight to safeguard their best interests. 

Our team is committed to aiding those harmed in obtaining the compensation they deserve to cover the medical expenses required for their recovery. If you have been hurt in an accident that was not your fault, don’t hesitate to contact our Las Cruces truck accident lawyers immediately, to learn how we can assist you.

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How to Obtain a Truck Accident Report in Las Cruces

If you have been involved in a truck accident in Las Cruces, obtaining a copy of the truck accident report is important. The report contains critical information about the accident, including who was involved, the location and time, and the causes and contributing factors. 

Obtaining a copy of the truck accident report is crucial for filing insurance claims, seeking compensation, and for use as evidence in legal proceedings. Here are the steps to obtain a truck accident report in Las Cruces:

Step 1: Determine which agency investigated the accident

Law enforcement agencies, such as the New Mexico State Police or the Las Cruces Police Department, are mandated to investigate truck accidents. You must first determine which agency investigated the accident to request the report.

Step 2: Gather the necessary information

To obtain a copy of the truck accident report, you will need to provide some basic information about the accident. This includes the accident’s date, time, location, driver names, and vehicle license plate numbers.

Step 3: Submit a request for the truck accident report

Once you have gathered the necessary information, you can request a copy of the investigating agency’s truck accident report. The agency may require you to submit a written request, or you may be able to obtain a copy of the report in person or online. Some agencies may charge a fee for the report.

Step 4: Review the report

After you receive a copy of the truck accident report, carefully review it to ensure that all the information is accurate. Contact the investigating agency to request corrections if you notice any errors or discrepancies.

Step 5: Use the report to file a claim

The truck accident report can be used for various purposes, such as filing insurance claims, seeking compensation, or as evidence in legal proceedings. Be sure to keep a copy of the report for your records.

In conclusion, following these steps, you can obtain the report and use it as needed to protect your legal rights and seek the compensation you deserve.

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How Does a Truck Crash Report Help Your Compensation Claim?

Obtaining a truck crash report will be vital in supporting your compensation claim if you have been involved in a truck accident. The report contains critical information that can prove liability and demonstrate the damages’ extent. 

Here is an overview of how a truck crash report will help your compensation claim.

Understanding the Information Included in a Truck Crash Report 

A truck crash report typically includes details about the accident, such as the date, time, location, and the drivers’ and the names and contact information of any witnesses. It also contains information about the weather, road conditions, and any contributing factors that may have led to the accident.

Proving Liability 

One of the most significant ways a truck crash report can help your compensation claim is by providing evidence to support your argument of who was at fault for the accident. The report includes statements from witnesses and the investigating officer’s assessment of the situation. This information is instrumental in establishing liability and determining the cause of the accident.

Demonstrating Damages

The truck crash report provides information on the damages suffered by all parties involved in the accident. This includes damages to the vehicles and property and injuries sustained by the drivers and passengers. The report may also include information about medical treatment provided, hospitalization, and other relevant details that help determine the extent of the damages.

Enhancing Your Compensation Claim 

The information in a truck crash report is invaluable when seeking compensation. Insurance adjusters and attorneys often rely on these reports to establish fault and determine the value of a claim. A detailed and accurate report will strengthen your case and increase the chances of receiving fair compensation for your damages.

If you need help obtaining a truck crash report or assistance with your claim, we can assist you in getting it.

How Will a Las Cruces Truck Accident Attorney Help You

Being involved in a truck accident is a traumatic and stressful experience. Victims of truck accidents often suffer from injuries that can be life-changing, causing significant medical bills, lost wages, and other expenses.

A Las Cruces truck accident attorney will help you get your deserved compensation.

Understanding the Legal Process 

Truck accident attorneys are experienced in navigating the legal process and can guide you through the various steps required to get compensated. They will explain the laws that apply to your case and ensure you understand your legal rights.

Collecting Evidence 

To build a strong case, your truck accident attorney will gather evidence related to the accident. This evidence includes but is not limited to eyewitness statements, police reports, medical records, and any other relevant information to establish liability and the extent of the damages.

Determining Liability

Determining liability is often the most challenging aspect of a truck accident case. Your attorney will work to establish who was at fault for the accident and how they breached their duty of care. They will examine the evidence to demonstrate how the other party’s negligence or recklessness contributed to the accident.

Calculating Damages 

Your truck accident attorney will calculate the damages you are entitled to based on the extent of your injuries, lost wages, and other expenses. They will consider future expenses, such as ongoing medical treatments or long-term care, to ensure that you receive adequate compensation for your damages.

Negotiating with Insurance Companies 

Truck accident attorneys are skilled in negotiating with insurance companies to ensure you receive the maximum compensation possible. They understand how insurance companies operate and can anticipate their tactics to cushion you from being tricked into taking a raw deal. 

Representing You in Court 

Your attorney will represent you in court if your case goes to trial. They will present your case to a judge and jury, arguing for your right to compensation. Your attorney will use their knowledge and experience to prepare a strong case and provide you with the best possible outcome.

By working with an experienced truck accident attorney, you can focus on your recovery while ensuring your legal rights are protected. Hiring Ornelas & Serna will ensure the insurance company offers you the compensation you deserve.

They will guide you through the legal process, collect evidence, determine liability, calculate damages, negotiate with insurance companies, and represent you in court. 

Common Causes of Truck Accidents in Las Cruces

Truck accidents are among the most severe and devastating accidents on the road. These accidents can result in significant damages, including severe injuries, fatalities, and extensive property damage. 

In Las Cruces, the most common causes of truck accidents are;

Driver Fatigue

Truck drivers often work long hours and may be required to drive for extended periods without adequate rest. Driver fatigue is a common cause of truck accidents. It impairs a driver’s judgment, reaction time, and ability to focus on the road.

Distracted Driving

Distracted driving is a major cause of accidents, and truck drivers are not immune to this problem. Using mobile phones, eating, or engaging in other activities while driving diverts a driver’s attention and leads to accidents.

Speeding

Truck drivers may be under pressure to meet tight delivery schedules, leading them to speed to meet these deadlines. Speeding makes it difficult for drivers to stop quickly resulting in the truck losing control and causing an accident.

Improper Maintenance

Truck drivers and companies must maintain their vehicles adequately to ensure they are safe on the road. Poor maintenance leads to equipment failures, including brake failure, tire blowouts, and steering problems, causing accidents.

Improper Loading

Proper loading is essential for maintaining a truck’s stability, and when improperly loaded, trucks can become unstable and cause accidents. Overloaded or improperly loaded trucks can cause a truck to tip over, jackknife, or lose control, leading to accidents.

Driving Under the Influence

Driving under the influence of drugs or alcohol is a significant problem, and truck drivers are not immune to this issue. Driving under the influence impairs judgment and reaction times.

The State of Driving in New Mexico

New Mexico has unfortunately gained a reputation for having some of the worst drivers in the country. In 2015, The Las Cruces Sun News reported that New Mexico drivers were ranked as the second-worst in the entire nation. This ranking takes into account various factors, including rates of drunken driving and careless driving, which have contributed to the state’s decline in driving standards. Previous years’ rankings placed New Mexico as the 19th state with the worst drivers, indicating a concerning deterioration in recent years.

Prevalence of Semi-Truck Accidents in New Mexico

Involvement of Semi-Trucks: Out of approximately 43,000 car wrecks that occur annually in New Mexico, it is estimated that around 1,400 of these crashes involve semi-trucks. The involvement of semi-trucks in accidents is particularly alarming as these incidents are four times more likely to result in fatalities compared to accidents not involving semi-trucks.

Impact on Injuries

New Mexico trucking accidents often lead to severe injuries. Shockingly, one out of every fifteen commercial truck accidents in New Mexico results in severe injuries to one or more drivers. The gravity of these injuries emphasizes the need for swift legal action and fair compensation.

Key Trends and Factors in New Mexico Trucking Accidents

December Crashes: According to the New Mexico Department of Transportation’s 2015 Community Report, December stands out as the worst month for crashes in the state consistently from 2011 to 2015. This surge in accidents during December can be attributed to increased holiday traffic and adverse winter weather conditions, among other factors. The five-year average for December crashes amounts to a staggering 3,977 accidents per month

Contact Ornelas & Serna Law as Soon as Possible

If you have suffered from a truck accident injury, do not let it take over your life. Ornelas & Serna, licensed truck accident attorneys in Las Cruces, are experienced and trustworthy advocates for victims who can handle your legal claim, allowing you to focus on your health and well-being. Reach out to us today to learn about the different types of compensation available for truck accident victims in Las Cruces.