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When truck accidents happen, they often leave victims grappling with legal challenges and many other setbacks. If you find yourself in such a situation, understanding the differences between Arizona and New Mexico truck accident laws is crucial. Each state has its own set of rules and regulations, and being aware of these distinctions can significantly impact your case. Here is a breakdown of how Arizona truck accident laws differ from New Mexico.

Truck Accident Laws Differ From New Mexico

Comparative Fault System

Arizona and New Mexico take different approaches when it comes to handling faults in truck accidents. In Arizona, they follow a pure comparative fault system. This means that even if you are partially at fault for the accident, you can still pursue a claim for damages. However, the amount you receive will be reduced based on your percentage of fault.

On the other hand, New Mexico adheres to a modified comparative fault system with a 51% bar. This implies that you can only seek compensation if you are less than 51% at fault for the accident. If you are found to be 51% or more responsible, you are barred from recovering damages. Understanding which system your state follows is essential for building a strong case and managing expectations regarding potential compensation.

Statute of Limitations

Time is of the essence in filing a truck accident claim, and the statute of limitations varies between Arizona and New Mexico. In Arizona, the statute of limitations for filing a truck accident lawsuit is two years from when the incident happened. This means that if you have been injured in a truck accident, you have a limited timeframe to initiate legal proceedings and pursue compensation for your damages. The importance of adhering to this two-year window cannot be overstated. If you fail to file a lawsuit within this timeframe, it can result in the loss of your right to seek compensation. As a result, it is important to act promptly, gather necessary evidence, and reach out to us at Hit by a Truck Call Chuck to ensure compliance with Arizona’s statute of limitations.

Just a stone’s throw away in New Mexico, the law offers a slightly more extended reprieve. The statute of limitations for truck accident claims in this state is three years. This additional year can be a significant advantage for victims, providing more time to assess injuries, negotiate with insurance companies, and build a robust case if litigation becomes necessary. However, like their neighbors in Arizona, individuals in New Mexico must remain vigilant about this timeframe. Waiting too long to take action may result in being barred from seeking compensation for injuries and damages sustained in the truck accident.

No-Fault Insurance System

Arizona operates under a traditional fault-based insurance system, where the at-fault party’s insurance is responsible for covering the damages. In the context of truck accidents, this means the negligent truck driver or their employer would be held accountable for compensating the victim.

New Mexico, however, follows a modified no-fault insurance system. This means that in the aftermath of a truck accident, your insurance may cover some of your medical expenses regardless of who was at fault. However, you still have the right to pursue a claim against the at-fault party for additional damages.

Minimum Insurance Requirements

Both states have established minimum insurance requirements for commercial truck drivers. In Arizona, the minimum liability insurance for bodily injury is $25,000 per person and $30,000 per accident, with an additional $10,000 for property damage. New Mexico has similar requirements, mandating a minimum of $25,000 for bodily injury per person, $50,000 per accident, and $10,000 for property damage.

Understanding these minimum insurance requirements is essential when seeking compensation after a truck accident. If the at-fault party’s insurance falls short, knowing the legal thresholds can guide your pursuit of additional compensation through other avenues.

Contact a Trusted Truck Accident Attorney

Dealing with the aftermath of a truck accident requires you to understand the specific legal landscape of the state in which it occurred. Arizona and New Mexico have distinct laws and regulations that can significantly impact the outcome of your case. Be it the fault determination system, the statute of limitations, insurance frameworks, or minimum coverage requirements, being informed is the first step towards securing the compensation you deserve.

If you are dealing with the challenges of truck accident laws, remember that the team at Hit by a Truck Call Chuck is here to help. Our experienced attorneys are well-versed in the laws of both Arizona and New Mexico, ensuring you receive the guidance and support needed during these challenging times. Reach out to us to schedule your consultation.


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