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Why Choose an Attorney after a NM Underride/Override Accident

You might question whether you need legal representation if you’ve been involved in an underride or override truck accident. After all, commercial drivers adhere to strict standards and have substantial insurance coverage. It’s easy to assume the insurance company will offer a fair settlement.

However, accepting the insurance company’s initial offer often means settling for much less than you deserve. Insurance companies aim to minimize payouts, even in severe cases involving significant injuries or fatalities. By working with a skilled truck accident attorney with prior experience and success handling override and underride collisions, you significantly increase your chances of receiving the full compensation you are entitled to.

Underride & Override Truck Crashes in Albuquerque, NM

New Mexico sees a significant number of truck accidents each year, with underride and override incidents contributing to a notable portion of serious injuries and fatalities. The key difference between underride and override truck crashes is where the passenger vehicle becomes trapped—either under the front or the rear of the truck.

Underride Crashes

These occur when a passenger vehicle slides under the rear of a truck. This can result in the smaller vehicle becoming lodged and crushed by the larger truck.

Override Crashes

These happen when a truck driver fails to stop and drives over a passenger vehicle. Depending on the truck’s speed and the size of the passenger vehicle, part or all the smaller vehicles can become trapped under the truck, making it difficult for the truck to stop and increasing the risk to passengers.

What Causes Underride & Override Truck Crashes?

Various factors can cause underride and override truck crashes:

  • Driver Distraction: Passenger vehicle drivers not paying attention, often due to texting or other distractions, may crash into the rear of a truck, causing an underride accident.
  • Insufficient Stopping Space: If a passenger vehicle swerves in front of a truck without leaving enough space for the truck to stop, it can lead to an override accident.
  • Tailgating: Truck drivers following the vehicle ahead too closely increase the risk of override crashes.
  • Speeding: Driving too fast, particularly in adverse weather conditions such as snow, rain, or fog, can lead to underride and override accidents.
  • Unsafe Lane Changes: Truck drivers changing lanes without checking for other vehicles can cause collisions.
  • Mechanical Failures: Issues that could have been identified during a truck inspection, such as brake problems, can contribute to crashes.
  • Visibility Issues: Missing brake lights, tail lights, reflective tape, or underride guards on trucks make it difficult for other drivers to see them, leading to accidents.
  • Neglecting Safety Procedures: Truck drivers ignoring safety protocols, such as not checking for other vehicles before backing up or failing to use hazard lights when parked on the shoulder, increase the risk of accident

Fault & Liability for Underride & Override Truck Collisions

If you or a loved one are seriously injured in either an override or underride accident with a semi-truck, you’ll have questions about who is responsible.

In some instances, the passenger vehicle driver may be at fault. For example, if a driver is distracted and crashes into the back of a tractor-trailer, it may result in an underride crash. This risk is heightened when drivers are texting or otherwise not paying attention. Similarly, if a driver swerves in front of a commercial truck without providing adequate space to stop, they could be responsible for an override accident.

However, there are numerous situations where the truck driver may be liable for an underride or override accident. Examples include:

  • Following the vehicle ahead too closely
  • Driving too fast for weather conditions, especially in snow, rain, or fog
  • Changing lanes without checking for other vehicles
  • Mechanical problems that could have been detected during a truck inspection
  • Missing brake lights, tail lights, reflective tape, or underride guards
  • Ignoring safety procedures, such as checking for other vehicles before backing up or parking on the shoulder of the road without using hazard lights

Insurance Claims After an Underride & Override Truck Accident

When recovering from any serious truck crash, remember that the other party’s insurance company is not on your side. Their goal is to minimize their liability and shift the blame onto you.

After a crash, the insurance company may send adjusters and lawyers to the scene to collect evidence. You need an advocate to protect your interests. The evidence they gather will either be used against you or ignored if it doesn’t benefit them. You cannot expect a fair settlement offer from an insurance adjuster whose primary goal is to avoid a lawsuit.

The sooner you contact an underride/override truck accident attorney, the better you can protect yourself from aggressive insurance tactics that will pressure you into accepting a lowball settlement.

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Compensation in NM for Underride & Override Truck Accidents

Victims of an underride or override truck crash have several legal options to pursue compensation for the harm and financial loss they endured. Depending on the specifics of your accident, you may file a lawsuit or a claim to recover damages.

Underride \ Override Accident Insurance Claim

This involves negotiating with the at-fault party’s insurance company to settle. An experienced truck accident attorney can handle communications with the insurance company to ensure you receive a fair offer.

Underride & Override Truck Accident Lawsuits

You may need to file a lawsuit if the insurance company fails to offer a satisfactory settlement. This legal action aims to recover compensation through the court system. Your attorney will gather evidence, represent you in court, and work to prove the other party’s liability.

What’s the Value of an Underride or Override Accident in NM?

The compensation you can seek depends on the specific details of your accident, but generally, you may be entitled to:

  • Medical Expenses: This includes hospital bills, emergency medical transportation, medical equipment, and surgical expenses.
  • Lost Wages: If your injuries prevent you from working, you can claim lost wages and compensation for impaired earning ability.
  • Property Damage: Compensation for repairing or replacing your damaged vehicle and any other personal property.
  • Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the accident.
  • Disfigurement and Physical Impairment: Compensation for any lasting physical changes or disabilities resulting from the accident.

Fatal Underride & Override Truck Accidents in NM

In tragic cases where an underride or override accident results in a fatality, surviving family members may file a wrongful death lawsuit. This can cover:

  • Funeral and Burial Expenses: Costs associated with laying your loved one to rest.
  • Loss of Companionship: Compensation for the emotional pain and loss of a relationship.
  • Loss of Financial Support: Compensation for the future income your loved one would have provided.
  • Emotional Distress: Damages for the emotional trauma and grief experienced by surviving family members.

How The Law Giant Helps Recover Max Compensation

At the Law Giant Injury Lawyers, we have extensive experience investigating override and underride truck accidents, determining liability, and fighting for all the compensation victims deserve. Our attorneys understand insurance companies’ tactics to minimize payouts and know how to counteract them effectively.

Most of these cases are resolved with a truck accident settlement, allowing you to receive compensation more quickly and move on with life. However, if a fair settlement cannot be reached, The Law Giant is prepared to take your case to court to ensure you receive the justice you deserve.

Contact us today to discuss your underride or override truck accident claim. The New Mexico Law Giant is here to help you navigate the legal process, prove fault, and secure all the compensation you are entitled to. Call 866-460-2956 or fill out our online form to get started.

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NM Underride & Override Truck Accident FAQs

How Long do I have to Sue after an Underride/Override Accident in New Mexico?

In New Mexico, you have three years from the date of the accident to file a personal injury claim, including those resulting from underride and override truck accidents. It’s crucial to act within this timeframe to preserve your right to seek compensation.

What Federal Regulations Apply to Underride and Override Accidents?

The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) have implemented regulations requiring semi-trucks to have reflective tape or red and white reflector strips and underride guards. These measures are designed to increase visibility and prevent vehicles from sliding under trucks during collisions.

Do Underride Guards Help Prevent Accidents?

Underride guards can significantly reduce the severity of accidents by preventing smaller vehicles from sliding under trucks. However, studies by the Insurance Institute for Highway Safety (IIHS) suggest that these guards must be stronger and provide more comprehensive coverage to protect against underride accidents, especially at the truck’s rear corners.

Why Do Underride & Override Accidents Happen?

Underride accidents often occur when trucks fail to meet federal standards, such as missing underride guardrails or reflective tape. Override accidents are frequently caused by truck drivers speeding, driving under the influence, distracted driving, or failing to maintain a safe distance. Mechanical issues, like faulty brakes or blown tires, can also lead to these accidents.

Who Can be Held Liable in an Underride or Override Accident?

Liability can rest with multiple parties, including the truck driver, the trucking company, and the manufacturer. Drivers can be held responsible for negligent driving, companies failing to install necessary safety features, and manufacturers for defective parts contributing to the accident.

Get the Law Giant After a NM Underride or Override Truck Accident

If you or a loved one has been involved in an underride or override truck collision in New Mexico, acting quickly is essential. Ensure your safety and seek medical attention first. Then, protect your rights and contact a truck accident attorney immediately.

The Law Giant is here to help. We will explain your rights and explore all options for maximum compensation. Our experienced attorneys have helped recover over $1 Billion for injury victims like you. We offer a free, no-risk consultation to discuss your case and no fees unless we win. Call 505-636-3276 to get started.