Hurt by New Mexico State Truck: How Long Do I Have to Sue?


August 16, 2017

 by Caruso Law Offices, P.C. | 

Special Rules Apply When New Mexico State Big Trucks Cause Accidents Which All Victims Need to Know

There are more and more large commercial trucks on the roads, especially on New Mexico’s busy interstates such as I-10, I-40, and I-25.  This means there are more possibilities for serious Albuquerque trucking crashes to occur which can seriously injure or kill an individual.  While many of these trucking crashes are caused by some of the country’s largest trucking companies like Schneider, J.B. Hunt, and FedEx, some of these trucking crashes are caused by New Mexico State vehicles.  This is particularly true of New Mexico State Department of Transportation trucks, which can be very large heavy, and bulky vehicles that could cause catastrophic trucking accidents.

But unlike other large commercial trucks, motor vehicle crashes involving New Mexico State trucks have special rules that victims must follow or their claim will forever be barred.  Here at the Mark Caruso, we know how these rules work and ensure they are complied with so that a victim’s right to compensation is not violated.  Call our experienced Albuquerque trucking crash attorneys for a FREE consultation by dialing (505) 308-1556 to learn how we can help you and your family recovery after a serious trucking crash anywhere in New Mexico.

Trucking Crashes Involving New Mexico State Vehicles: Know How Long You Have to File a Claim

Generally, under New Mexico law the victim of a negligence case such as a motor vehicle accident has three years from the date of the accident to commence a lawsuit.  This is known as the statute of limitations period.  Failing to commence an action within the statute of limitations period is grounds for dismissing the case and preventing the victim from recovering any compensation.

However, in a trucking crash involving a New Mexico State vehicle such as a Department of Transportation truck the rules are different.  There, there must be a notice of claim victim within 90 days of the accident.  This is an important and very rigid requirement which tells the State that there was an incident which resulted in a claim caused by the conduct of a State worker or the State.  This is abbreviated because the purpose is to allow a thorough investigation before memories fade and evidence disappears since most State employers perform a lot of tasks in a short period of time.  This is also to create an expedited settlement process wherein the State, after investigating the claim, could offer to settle before proceeding to litigation.

Once the notice of claim process plays out, if the State does not settle there must be a lawsuit.  However, this is also not the normal rules for a trucking crash.  Unlike the normal rule that a lawsuit for a trucking crash must be commenced within 3 years, when the State is the defendant it is actually only 2 years.  This is under the New Mexico Tort Claims Act which makes it harder for a victim to sue the government.  If a victim does not know this, or if a lawyer representing the victim is not careful, it can result in the dismissal of the case even if it is a perfect, slam-dunk case.

Hire an Experienced Albuquerque Trucking Crash Attorney Against the State of New Mexico in DOT Crashes

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 308-1556 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

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