New Mexico Walmart Delivery Truck Accident Attorney
If you or a loved one was recently injured in an accident in New Mexico involving a Walmart delivery truck, the attorneys at The Fine Law Firm can help you seek justice. Our truck accident attorneys represent injured victims and their families in pursuit of the financial compensation that they deserve for Walmart delivery vehicle collisions. Contact us today to begin your case with a free evaluation from one of our attorneys.
Why Choose The Fine Law Firm
- We have years of experience handling commercial vehicle and delivery truck accident cases throughout New Mexico. We can bring a claim against any adversary, including major corporations such as Walmart.
- Our case results demonstrate our commitment to our clients’ success. We have secured millions of dollars in settlements and jury verdicts for clients, including a $2.2 million settlement for a truck accident case.
- Our New Mexico Walmart delivery truck accident lawyers operate on a contingency fee basis. This means we charge $0 upfront to work on cases. You won’t pay us a penny in attorney’s fees unless you win.
Common Causes of Walmart Delivery Truck Accidents
Walmart operates one of the largest fleets of delivery vehicles in the country, with around 10,000 tractors and 80,000 trailers traveling over 1.1 billion miles every year. Delivery companies such as Walmart are held to higher standards of care under the classification of “common carriers” in federal law. They must take extra precautions to ensure the safety of their fleet vehicles and delivery drivers.
Unfortunately, Walmart has a history of failing to meet the required safety standards, resulting in devastating accidents involving its trucks and trailers. Common crash causes include:
- Distracted delivery drivers
- Careless and reckless driving
- Truck driver fatigue
- Speeding or driving too fast for conditions
- Committing traffic violations
- Driving under the influence of drugs and alcohol
- Failing to yield the right-of-way at intersections
- Inadequate delivery driver training
- Poor fleet vehicle maintenance
- Tire blowouts and other equipment failures
- Improper delivery truck loading
These are all examples of negligence. In personal injury law, negligence is a legal doctrine that refers to the failure to act with the proper level of care. When negligence results in a Walmart delivery truck accident, Walmart or another party may be held financially responsible (liable) for a victim’s injuries and losses.
Can Walmart Be Held Liable for a Delivery Truck Accident?
The State of New Mexico uses a tort-based car insurance system. Under this rule, the person or party most at fault for causing a traffic accident can be held financially responsible for related damage. Determining liability in a case involving a Walmart delivery truck can be complex. The party that is legally responsible for the collision will depend on various factors.
Liability can be attributed to different parties according to the circumstances:
- Walmart (as an employer): the legal doctrine of vicarious liability can hold Walmart responsible for the actions of its employees, including delivery truck drivers.
- Walmart (as the negligent party): Walmart can also be held directly liable for a delivery truck accident caused by its negligence, such as inadequate driver training or fleet maintenance.
- Independent contractor: if the delivery truck driver is classified as an independent contractor rather than an employee at Walmart, he or she may be held personally liable.
- Equipment manufacturer: truck accidents caused by faulty or defective equipment could give the victim grounds to file a product liability claim against the part manufacturer or distributor.
- The government: Walmart delivery vehicle accidents that involve a dangerous road defect, such as a broken traffic light or pothole, could lead to government liability.
Walmart delivery truck accidents require investigations to examine contributing factors. An investigation may involve interviewing witnesses, analyzing the condition of the delivery vehicle, obtaining truck maintenance records and employment documentation, reviewing the driver’s cell phone records, and looking at Walmart’s safety compliance history.
What Types of Compensation Can I Recover?
Filing an insurance claim or a personal injury lawsuit for a Walmart delivery accident could result in financial compensation being awarded for your various crash-related losses. Walmart has additional insurance for business deliveries in addition to the minimum amounts required in Nebraska.
Common types of compensation that victims are able to recover include:
- The cost of any necessary medical care related to the accident.
- Lost income if a victim is unable to work during injury recovery.
- Lost future capacity to earn due to a long-term or permanent disability.
- The price to repair or replace any property damaged in the accident.
- Rental vehicle coverage while a vehicle is being repaired.
- Damages for pain, suffering, emotional distress and loss of enjoyment of life.
- Wrongful death damages (for a fatal Walmart delivery truck accident).
An attorney from The Fine Law Firm can carefully review your case to estimate its potential value. Case values vary depending on factors such as injury severity and the amount of insurance coverage available. Our lawyers will search for all available sources of financial compensation and use aggressive negotiation strategies to fight for the case results that you deserve.
New Mexico Statute of Limitations for Delivery Truck Accident Cases
If you wish to file a personal injury or wrongful death claim after a Walmart delivery truck accident in New Mexico, it is important to act quickly. A law known as the statute of limitations imposes a time limit on your right to take legal action.
The statute of limitations in New Mexico is three years for most personal injury claims and four years for property damage. The clock starts ticking on the date of the accident or the date of reasonable injury discovery, whichever is later.
Some circumstances can shorten or extend the filing time limit in Nebraska. If you wish to bring a case against a government entity for an unsafe road condition, for example, you only have one year to do so.
Note that these time limits apply to personal injury lawsuits, not automobile insurance claims. Insurance claims should be filed much sooner, as companies often have claim-filing deadlines ranging from about 24 to 72 hours after the crash.
Our New Mexico Walmart Delivery Truck Accident Attorneys Are Ready to Represent You
You do not have to face the future alone as a victim of a Walmart delivery truck accident in New Mexico. The truck accident lawyers at The Fine Law Firm are prepared to help you and your family navigate the financial recovery process.
To receive tailored legal advice at no cost or obligation to hire our law firm, contact us for a free consultation. Call us at (505) 889-3463 or contact us online anytime and we will get back to you as soon as possible.