Who is Liable in a New Mexico Commercial Truck Accident?

Accidents involving large commercial vehicles tend to lead to serious injuries, largely as a result of the size and weight of the trucks involved. These accidents aren’t just exceptionally dangerous. They’re also legally complex, as many parties can hold a share of the liability for the accident, depending on what caused the crash. So, who’s liable in a New Mexico commercial truck accident? The answer depends on the facts of the case.

The Simple Answer

Any party that directly or indirectly contributed to your accident may be held liable. The problem is that there are many different individuals and companies that could be held partially to blame. Your New Mexico commercial truck accident claim could include only the driver and the trucking company that hired them, or it could encompass everyone from mechanics to cargo loaders.

According to the FMCSA Motor Carrier Management Information System, 927 large trucks were involved in accidents in New Mexico in 2024. A total of 81 of those accidents led to fatalities. Another 369 people were injured. While trucks make up only about 5% of the registered vehicles on U.S. roads, they are involved in a disproportionate number of serious and fatal crashes.

FMCSA studies also show that over 75% of accidents involving large commercial trucks are actually caused by the drivers of the passenger vehicles involved. The good news is that because New Mexico is a pure comparative negligence state, you could still receive compensation if you were partially to blame for the accident.

Trucker Errors

Truck drivers are human, and people make mistakes. Common driver errors that cause accidents include:

• Speeding
• Distracted driving
• Driving while intoxicated
• Braking errors
• Failing to check blind spots
• Driver fatigue
• Following other vehicles too closely

Trucking Service Issues

When a trucker’s negligence causes a traffic accident, it’s not just the driver who can be held accountable. It’s often the case that the trucking company that hired them may also be held partly liable. The trucking service may also be held liable if it:

• Failed to comply with required inspections
• Hired underqualified drivers
• Incentivized drivers to complete routes faster than is safe
• Refused to pull an unsafe vehicle from service

Mechanical Failures

Mechanical failures cause only a small percentage of accidents involving large commercial trucks, but they do happen. When that’s the case, there are several parties that could be held liable. You may be able to file a commercial truck accident claim against the parts manufacturer. In some cases, the original equipment manufacturer may be held liable for design-related failures.

If a mechanic should have recognized the failed part during inspection, they could also hold partial liability, as could a fleet manager who didn’t have the trucks inspected and maintained regularly.

Cargo Issues

Sometimes, the company responsible for loading the cargo is to blame for trucking accidents. Cargo must be loaded properly to avoid shifting during transit. If the cargo was loaded unevenly, and that contributed to your accident, you could file a New Mexico commercial truck accident claim against the cargo loaders, as well.

Freight Brokers

Freight brokers are responsible for connecting manufacturers of goods with the trucking services required to transport them. If freight brokers don’t use good judgment when choosing trucking services, instead choosing a company with a history of safety violations or hiring unqualified drivers, they can be held liable for any accident that occurs as a result.

How to Determine Liability

You don’t have to determine liability alone. A skilled truck accident lawyer can investigate your crash, identify all responsible parties, and pursue full compensation.

FAQs

What Happens When a Trucker Gets Into an Accident?

When a trucker gets into an accident, it can have severe consequences for both the driver and any other passenger vehicle occupants involved. Commercial trucks are large and heavy, so they tend to cause more serious harm than cars. Trucking companies take safety very seriously as a result and may reprimand drivers or even fire them. Drivers can also be fined or lose their CDLs if they are found to be negligent.

Who Is Liable for a Truck Accident?

Who is liable for a truck accident depends on what caused the accident. If driver negligence was to blame, it’s the trucker who will be held liable for the crash, often alongside the trucking company that hired them. If mechanical failures caused the accident, a mechanic or parts manufacturer may be held liable. If a poorly maintained road created the conditions required for the accident, the municipality responsible for road maintenance may also hold partial blame.

How Much Are Most Truck Accident Settlements Worth?

How much most truck accident settlements are worth varies significantly. Factors that can contribute to your eventual settlement amount include the severity of the accident and any injuries you’ve incurred, who was to blame for the accident, and how much insurance coverage the responsible party held. Your lawyer’s level of experience with negotiating with insurance companies can also play a role.

What Happens to Your CDL When You Get in an Accident?

What happens to your CDL when you get in an accident as a trucker varies depending on the circumstances of the accident. If you were to blame, you may have your CDL suspended or revoked, particularly if you were found to be driving recklessly or were operating your vehicle under the influence of drugs or alcohol. If driver negligence was not a contributing factor, you likely won’t face any repercussions.

Hire a Commercial Truck Accident Lawyer

If you were injured in a collision with a commercial truck, you may be facing significant medical expenses, lost income, and long-term recovery. When you hire a commercial truck accident lawyer at Berenson & Associates, PC, we help you determine liability, pursue justice, and recover the compensation you need to move forward.

With over 25 years of personal injury experience, our firm is prepared to handle even the most complex truck accident claims. If a settlement cannot be reached, we’re ready to build a strong case on your behalf and take your case to court.

Contact us to schedule an initial consultation and find out more about who’s liable in a New Mexico commercial truck accident.