An investigation of a multi-vehicle crash in Arizona revealed that a New Mexico resident was one of the victims. According to an Arizona news report, the victim was a 26-year-old resident of Farmington, New Mexico. The report indicated that the accident occurred late last week on Highway 89.
Emergency personnel told reporters that a tractor-trailer that was proceeding north on the highway crossed into the center median. As the tractor-trailer was shifting lanes, it swiped a medium-sized moving van that was driving in the southbound lane. After that side swipe, the tractor-trailer slammed head-on into a pickup truck that was behind the moving van. The initial reason that the tractor-trailer shifted lanes so abruptly is still unknown.
The driver of the moving van could not control his van after being struck and had to stop beyond the actual point of the accident. The pickup truck was severely damaged, and the New Mexico driver was found dead in the vehicle when emergency personnel arrived. The driver of the van was reported to have suffered minor injuries but was still transported to the hospital. An investigation is ongoing, and at the time of the report no charges had been filed.
New Mexico Apportionment of Fault
Personal injury cases can often require some sensitive decision-making, especially in cases when the injured party knows or has a close relationship with the person who caused the accident. Many times, people avoid bringing a suit for their injuries because they do not want to deal with the delicate situation of bringing a suit against a loved one or their insurance company. For example, in the above case, it seems that the moving van driver had a relationship with the pickup truck driver. An investigation of fault is still ongoing. However, if either party was at fault, the other party or their representative may want to bring a suit. It is important to keep in mind that most often the party that will actually bear the cost of a verdict is the culpable party’s insurance company.
Insurance Liability for Personal Injury Cases in New Mexico
There are various theories of how to determine fault and apportion damages, and New Mexico is considered a “fault-based” system. In short, this means that the individual who was at fault will be liable for all of the subsequent damages. The victim in these cases can file a traditional personal injury suit, file a claim with the culpable party’s insurance company, or file a claim with their own insurance company. To be sure, this can be confusing for an accident victim.
Issues can also arise when the insurance company does not want to pay out the complete amount that the injured party is owed. In these circumstances, an attorney can help a victim negotiate with the insurance company or pursue a claim for additional damages if necessary.
Have You Been Injured in an Accident with a Truck Driver?
If you have been injured in a truck wreck or any other serious car accident, you should consider contacting one of the attorneys at the Fine Law Firm. An attorney at the Fine Law Firm can represent your best interests and fight for the compensation you deserve. This includes representing your interests in dealings with insurance companies. Contact an attorney at the Fine Law Firm at 505-243-4541 to schedule your free initial consultation.
More Blog Posts:
Truck Driver Killed in Accident Caused by Road Debris and Slowing Traffic, New Mexico Personal Injury Lawyer Blog, October 14, 2015.
Entire Family, Including Unborn Child, Involved in Deadly Accident with Truck, New Mexico Personal Injury Lawyer Blog, November 10, 2015.