Underride Accidents

Collisions between motor vehicles and large trucks can be devastating on New Mexico roads. Victims can suffer thousands of dollars in damages, severe, life-altering injuries and totaled cars. Many of these accidents lead to death or permanent disability. Underride accidents are some of the more serious trucking crashes, often leading to death.

If you suffered injuries in an underride accident or lost your loved one, you and your family may be able to pursue legal action. Fine Law Firm can help you file an insurance claim or personal injury lawsuit in New Mexico civil court.

Our attorneys have more than 40 years of experience and are not afraid to face major corporations in the courtroom.
Our firm operates on a contingency fee basis. We will not charge legal fees unless you win a settlement.
We prioritize our clients’ needs above our own. We will never collect more than 33% of your settlement and we will reduce our fees to maximize your settlement amount.

What Are Underride Accidents?
Underride accidents are specific types of trucking crashes where a passenger vehicle strikes a large truck and becomes stuck beneath it. Underride accidents are often fatal because they often cause injuries to the head and chest. Often, large trucks crush victims of underride accidents.

Common Underride Accident Causes
Underride crashes are difficult to assess, since they involve a smaller vehicle crashing into the larger truck. Sometimes, the courts can hold the injured or dead driver liable for his or her injuries. However, driver negligence and recklessness can contribute to these accidents. Common causes of truck underride accidents include:

Distracted driving
Drowsy and fatigued driving
Driving without the rear lights
Slamming on the brakes suddenly
Driving under the influence of drugs and alcohol
Broken brake lights
Reckless and negligent drivers
Failure to use flashers
Improperly loaded cargo
Truck defects, such as malfunctioning brakes
Tire blowouts
Dangerous weather conditions, such as dust storms

Injuries in Underride Accident Cases
Many underride accidents end in death due to the severity of the injuries. Common injuries suffered by victims of these accidents include:

Severe internal bleeding and organ damage
Spinal cord damage
Deep cuts and lacerations
Crushing injuries
Decapitation
Broken bones and fractures
Limb amputation
Traumatic brain injuries
Severe nerve and brain damage

Wrongful Death Claims for Underride Accidents in New Mexico
Under New Mexico law, you have three years from the date of your loved one’s death to file a lawsuit for wrongful death. Insurance policies may have different requirements. To file a lawsuit in civil court, the personal estate representative must be the one to file a claim. If no personal representative is available, the court will appoint one.

The court will divide damages evenly among the surviving direct relatives. You can receive damages for a wrongful death case if:

You are the surviving spouse of the deceased
You are the deceased’s child or grandchild

Damages for Wrongful Death in New Mexico
Through a wrongful death lawsuit or insurance claim, you can collect economic and non-economic damages. Depending on the policy terms and limits, you may not have the ability to collect a large amount of funds by filing an insurance claim. New Mexico civil courts can award the following damages in wrongful death claims.

Funeral and burial expenses
Pain and suffering
Loss of income to the household
Mental anguish to the spouse, child, or parent
Medical expenses
Loss of companionship
Loss of inheritance
Punitive damages for recklessness, gross negligence, or intentional harm

Contact Fine Law Firm Today
The attorneys at Fine Law Firm have significant experience representing victims and families of severe truck accidents. We will guide you through the litigation process and help you find the best path toward potential compensation.

Contact Fine Law Firm today to schedule your free consultation at our Albuquerque or Rio Rancho offices.