October 24, 2017

 by Caruso Law Offices, P.C. | 

Children who are Victims of Albuquerque Trucking Collisions Need to Have Their Rights Protected

Large commercial trucks such as big rigs, 18 wheelers, tractor trailers, semis, double trailers, and other trucks are very powerful vehicles. This is particularly true on interstates and highways where large trucks gain momentum due to their sheer size, weight, and speed. When these large trucks collide with smaller passenger vehicles, the results can be disastrous and cause catastrophic injuries or wrongful death. This is particularly true when the occupants of the passenger vehicle are children.

When an Albuquerque trucking collision causes injuries or damages to a child, you need to call the NM Truck Accident Attorneys for a FREE consultation by dialing (505) 308-1556. Our experienced Albuquerque trucking collision lawyers know that children need to have their rights protected in a personal injury lawsuit right from the day of the crash. We work with accident reconstruction experts, trucking experts, and medical experts to represent you and fight for the maximum compensation you may be entitled to.

When Children Get Hurt, Parents and Guardians Have Legal Responsibilities

Children are some of the most defenseless members of our society, especially very young children such as preschool and elementary school children. In fact, technically under the law all minors are interpreted as being “disabled” by infancy. This means that minors are unable to commence or make any decisions for themselves in a trucking accident lawsuit. This even applies if the minor has a lawyer. The reason is because the lawyer listens to the client, the infant, who is still determined to be unable to make decisions on his or her behalf. Therefore the lawyer cannot take orders or decisions from the infant as the client.

This is why a parent and natural guardian is so important. A parent and nature guardian is an individual that has custodial and legal rights of the infant and is authorized to make important decisions in the best interests of the child regarding the lawsuit. This means that the parent or nature guardian can commence the action, agree to settlements, and make tactical decisions regarding the lawsuit.

If there is no parent or natural guardian to make decisions for the infant, or if neither parent or natural guardian are able to represent the child, a guardian ad litem may be appointed. This is a guardian for the lawsuit only, who can make decisions for the infant.

Parents and Natural Guardians are Responsible for Timely Commencing an Albuquerque Trucking Collision Case

Therefore, since an infant cannot commence an Albuquerque trucking collision lawsuit, the parent and natural guardian must bring the lawsuit on behalf of the infant. This is very important to act upon quickly, because in New Mexico the statute of limitations (or time limit) to commence a trucking collision lawsuit is three (3) years from the date of the trucking crash pursuant to NM Stat. 37-1-7.

Infants, however, have a toll, or pause in the statute of limitations, under NM Stat. 37-1-10. This section provides that an infant shall have one year after becoming an adult to commence a personal injury lawsuit. Of course, if the normal three year statute of limitations is longer, the minor will have that period instead. Thus, the toll functions as an alternative period to commence an Albuquerque trucking collision.

Family and Guardians of Children Injured in Albuquerque Trucking Collisions Need to Call the NM Truck Accident Attorneys

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the NM Truck Accident Attorneys 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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