A Look at the Legal Action Can Families Take Following a Fatal Truck Accident in NM

Fatal motor vehicle accidents are on the rise in the U.S. In 2021, the year for which the most recent data is available, the U.S. saw a 10.5% increase from the previous year for fatal traffic accidents, some of which included hit and run collisions. Accidents involving at least one large truck had also increased in number from 2020 to 2021, reports CNBC (1).

If your loved one was fatally injured in a truck accident in Albuquerque, NM and you’re looking to take legal action on their behalf, a nearby truck accident attorney is the person who can best help you understand your legal rights.


Who can file a lawsuit following a fatal truck accident in New Mexico?


Losing a loved one to a fatal truck accident isn’t an easy thing to accept. Most of the truck accidents that occur are caused by recklessness or negligence, meaning a driver engaged in behavior they knew could potentially lead to a crash. 

If your loved one was killed in a truck accident in Albuquerque that was caused by driver error, you may be able to bring a lawsuit against the negligent party, essentially allowing you to hold them accountable for their poor choices.

Under New Mexico law, the decedent’s personal representative of the deceased is the party who can file a wrongful death lawsuit on their behalf. If you were named as the decedent’s personal representative, you may be entitled to recover damages including, but not limited to, mental anguish, pain and suffering, and punitive damages.  

If the decedent did not name a personal representative before their untimely death, the court shall assign one. This is usually the decedent’s spouse, parents, or children depending on their circumstances.


How do wrongful death lawsuits work in New Mexico?


If a truck driver’s negligent behavior caused your loved one to suffer fatal injuries in an accident, you’ll first want to schedule an initial consultation with an Alburquerque, NM truck accident attorney to find out if you have a valid case.

Once this is confirmed, you and your NM accident lawyer can then begin working on gathering evidence and determining what damages you might be entitled to. Depending on the party you wish to sue, you may be required to notify them of your intentions before initiating the lawsuit process, though your Albuquerque truck accident lawyer will be able to determine this.

After your lawsuit has been filed with the court, the at-fault party will have the opportunity to accept the blame or challenge the case. Should the at-fault party not wish to pay you damages given you are entitled to them, the court will need to make the final decision.


Ready to learn more about filing a wrongful death lawsuit in New Mexico?


If you think you might have a viable case against a negligent party and would like to explore your rights, contact Crecca Law Firm. The Albuquerque, NM truck accident lawyers at Crecca Law Firm work on a contingency basis which means you don’t pay unless they win your case. 

To learn more about how a lawyer can help you hold a reckless trucker responsible for the death of your loved one, call 505-588-5122.


Crecca Law Firm is located at:


3200 Monte Vista Blvd. NE

Albuquerque, NM 87106

Phone: (505) 588-5122

Email: [email protected] 

Website: www.thecreccalawfirm.com


  1. https://www.cnbc.com/2022/05/17/us-traffic-deaths-hit-16-year-high-in-2021-dot-says.html
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