A truck accident may only take a split second, but it can change a family forever. This is because collisions with big rigs tend to result in serious personal injuries. The ultimate personal injury in a trucking accident is a wrongful death.
It should be no surprise why big rig crashes commonly result in wrongful death. Tractor trailers are large, heavy, and fast-moving on interstates or highways. They have considerable force and momentum which can cause devastating damage to a smaller, passenger car which can result in catastrophic injuries to any occupants.
At Caruso Law Offices, our Albuquerque 18-wheeler accident lawyers understand how to handle fatal truck accident cases. We have experience battling some of the largest trucking companies in the United States. Even though we are zealous advocates, we are also compassionate to a victim’s family who has just lost a loved one. We will work hard to protect your loved one’s rights. While nothing will bring back your loved one, we will fight to help get you the compensation you need to support your family.
Damages in Fatal Trucking Accidents
Families who have lost a loved one in an 18 wheeler crash may be entitled to many different types of damages. These damages may serve two purposes.
The first purpose is to compensate the victim’s family for their loss. This includes providing for the family in the same way that the lost loved one would have been able to support the family. The second purpose is to punish the negligent truck driver and trucking company for causing the accident and to deter them and anyone else from doing it again.
Some common damages that a family may be entitled to in a fatal New Mexico trucking crash include the following:
- The conscious pain and suffering from their loved one;
- Lost wages and lost earnings their loved one would have supported;
- Medical bills;
- Funeral and burial costs;
- Loss of services, affection, companionship, and consortium of their loved one;
- The victim’s mental anguish;
- Property damage;
- Punitive damages in exceptional cases; and
- Other possible damages.
Who Can Commence a Wrongful Death Action
Under N.M. Stat. § 41-2-3, the surviving spouse is usually the first person most entitled to commence a wrongful death action against a negligent truck driver and trucking company for a fatal big rig crash. In addition, an adult-child (above the age of majority) may commence a wrongful death action for a deceased parent.
If a child was killed, the parents may be entitled to bring the action. Adult siblings may also be entitled to commence wrongful death action for a truck accident if the parents are unable to do so, particularly if they were also injured or wrongful killed in the crash.
If neither a parent or child filed a wrongful death action, a personal representative of the estate may petition the court to be appointed. While New Mexico law lists some individuals who may be entitled to do this, such as a grandparent, aunt/uncle, or sibling, courts have discretion to appoint an appropriate party in certain situations.
How Long do You Have to Commence a New Mexico Wrongful Death Action
After the loss of a loved one everything may feel like a blur. But it is important to realize that there are time limits to bring a civil action which is known as a statute of limitations. Under N.M. Stat. § 37-1-8, the statute of limitations for a wrongful death lawsuit is three years from the date of the death.
This means that a victim’s family must commence the wrongful death action within these three years or the court may procedurally bar the entire case. Even the most meritorious of trucking accident cases may be dismissed as untimely.
Families Who Lost a Loved One in a Fatal Trucking Accident Need to Call Us
The Albuquerque wrongful death lawyers takes all of its cases very seriously. We know that families face physical, emotional, and financial burdens as they try to come to grips with what happened. During our representation we take all of these burdens off your shoulders and onto our shoulders so you can focus on healing.
Call our truck accident lawyers in Albuquerque today for a free consultation by dialing (505) 883-5000. This will be a difficult time for you and your family, but together we will get through this and help you move forward by obtaining the justice and compensation you need to help support your family.