These days, it feels like delivery trucks are everywhere. With so many of us turning to online shopping for convenience, it’s no surprise that carriers like UPS, FedEx, Amazon, USPS, and local delivery services are constantly on the road. From morning to night, delivery drivers are making their rounds in our neighborhoods, businesses, and rural areas alike.
While these services make life easier, the sheer volume of delivery trucks increases the likelihood of accidents. If you have been injured in an accident involving a delivery truck in New Mexico, determining who is responsible for your injuries can be complicated.
Otherwise, you might be unable to pursue or obtain a settlement amount that state law says you may deserve for your losses.
In This Article
Our personal injury lawyer, Marc A. Grano, explains several aspects of delivery truck accident liability, including commonly liable parties, general legal options, and tips for handling the insurance claims process. Grano Law Offices, P.C. wrote this article to help injury claimants, or their worried loved ones, get information about personal injury liability in New Mexico.
Table of Contents
We will start by looking at examples of parties who might be liable for your delivery truck accident injuries.
Several Parties Could Be Liable for Your Delivery Truck Accident Injuries
Several potential parties may be liable for your delivery truck accident injuries in New Mexico, such as delivery companies, truck drivers, government employees, vehicle manufacturers, and maintenance companies.
Many people and organizations, from major retailers like Amazon to local delivery company vans, may be involved, making liability unclear. New Mexico follows an at-fault insurance system, so it is necessary to identify everyone potentially involved correctly.
Within the context of personal injury and insurance law, liability is a concept referring to the parties who are financially responsible for paying the medical expenses, lost wages and benefits, and pain and suffering of a person who suffered from negligently caused accident injuries. We determine liability according to the degree of negligence exhibited by the at-fault parties, also known as comparative negligence, under NMSA § 41-3A-1.
Parties who could be liable for your delivery truck accident injuries include:
- Delivery companies: The company that owns the truck and employs the driver may be liable for the driver’s negligence, especially if they failed to follow state and federal trucking regulations. Examples of delivery companies include FedEx, UPS, and DHL.
- Cargo loaders: If a third-party company improperly loaded the truck, they could be liable for unsafe loading practices. Examples of cargo-loading companies include Landstar, ArcBest, and J.B. Hunt.
- Delivery truck drivers: The driver is directly responsible for operating the vehicle carefully and adhering to traffic laws.
- Last-mile delivery contractors: If the driver is independent, they may be held personally liable.
- Manufacturers: The manufacturer may be liable if a defective truck part contributed to the accident. Examples of manufacturers include Rivian, Workhorse, Freightliner, Dodge, Mercedez-Benz, and Volkswagen.
- Government departments: In some cases, government entities responsible for road maintenance may be liable for hazardous road conditions. Examples of government departments include the USPS, NMDoT, county governments, and city governments.
- Other motorists: If another driver’s actions contributed to the accident, they may also share liability with the delivery driver.
The most important takeaway from this section is understanding that other parties, including the truck driver, could be found liable for your injuries. This information is critical to internalize since misidentifying or failing to identify the correct parties could result in a claim denial or settlement reduction. If you were injured in an accident involving a delivery truck and want to start your claim on a steady legal footing, you have a legal right to discuss your situation with a personal injury lawyer before filing.
Your Legal Options If a Delivery Truck Driver Injured You
You have two legal options when seeking legal compensation for your delivery truck accident injuries:
- Option 1. Filing a personal injury claim: This process typically involves filing an injury claim against the at-fault party’s insurer. Having an experienced attorney by your side is crucial to negotiate with the insurance company and ensure you receive a fair settlement.
- Option 2. Filing a Lawsuit: If the insurer declines to offer a reasonable settlement, your attorney may recommend filing a lawsuit against the liable parties. This option allows you to pursue full compensation for your delivery truck accident injuries.
It is important to understand that in almost every case we will attempt in good faith to negotiate a personal injury claim with the insurance company before filing a lawsuit. However, some exceptions to this rule apply; seek personalized legal advice to determine your options.
Five Tips for Filing a Delivery Truck Accident Injury Claim
Insurance companies are skilled at evaluating settlements in a manner that allows them to pay as little as possible while still complying with the law. Essentially, they offer lowball settlements, hoping you will accept them, thereby releasing future liability for your injuries. This situation is problematic since you could discover that your injuries are more severe than you initially thought. However, you cannot demand more money in the future, so it is vital to negotiate a fair award now that considers past, current, and future issues related to your accident.
Below are five tips that could help you during the process.
Tip 1. Preserve Evidence
Preserve the evidence to support your claim, including police reports, witness statements, medical records, and documentation of lost wages.
Tip 2. Analyze Settlement Offers
Understand the rationale behind any settlement offers. This strategy will help you determine the actual value of your insurance claim and negotiate for a fair settlement that covers all damages.
Tip 3. Be Patient
Do not settle for less money out of financial pressure. Severe injuries may require time to assess long-term medical costs and future needs.
Tip 4. Observe Time Limits
Remember that time limits, also known as the statutes of limitations, apply to personal injury claims under NMSA § 37-1-8. Other deadlines may apply to individual insurance policies or government department involvement.
Tip 5. Get Legal Advice
Seeking legal counsel early on is crucial. An experienced personal injury attorney can assess your case, explain your rights, and guide you.
Know When to Call a Delivery Truck Accident Lawyer
Many good people like to resolve things without turning to a lawyer. They know it makes the process more uncomfortable for opposing parties. However, this strategy could likely cause you to lose out on the money New Mexico law says you deserve.
Here is why:
The goal is to file an insurance claim that fairly compensates you for your injuries. Unfortunately, the insurer’s definition of “fair” versus the law’s definition could vastly differ. Imagine thinking you have a “little whiplash, no big deal,” only to discover you have uneven shoulder blades from this injury five years later that affect your spine and ability to work. A law firm, like Grano Law Offices, P.C., will help you avoid this situation.
If you need more concrete examples, here are a few signs that could indicate you have a more complex personal injury matter:
- Sign 1. Concerns about returning to work: Your injuries could prevent you from working; we will ensure you get fair compensation for future lost earnings.
- Sign 2. Disputed liability: If the insurance company denies liability or claims you were at fault, our legal team will preserve evidence to support your claim.
- Sign 3. Insurance delays: Insurance companies must respond to your claim requests and pay within a reasonable period. We will hold them accountable for additional damages if they do not.
- Sign 4. Low settlement offers: If the insurance company offers a low settlement, we will negotiate for a better offer or file a civil action.
- Sign 5. Multiple parties involved: If numerous parties are involved in the accident, we will help you determine liability and pursue claims against liable parties.
- Sign 6. Severe injuries: Severe bodily injuries, like broken bones, spinal cord injuries, or internal organ damage, are expensive for insurers to settle; ensure that you have a legal professional looking out for your rights.
- Sign 7. Wrongful death: If you have lost a loved one in a delivery truck accident, our legal team will help you pursue a wrongful death award and seek justice for your losses.
Delivery truck accidents present unique challenges due to the involvement of multiple parties and the severity of potential injuries. Understanding liability is crucial for obtaining fair compensation. Remember, you have a right to seek legal counsel and protect your interests at any point.
Where to Get a Legal Advice at No Cost
Our delivery truck accident injury lawyer, Marc A. Grano, at Grano Law Offices, P.C., has extensive experience handling claims and lawsuits involving commercial delivery trucks and government entities. You deserve answers to legal questions and a solid plan for handling your situation. Schedule your Free Case Strategy Session with us by calling (505) 426-8711 or messaging us via the contact form below.
