Truck Accident Claims in New Mexico

Under New Mexico's Motor Carrier Safety Act, the state adopts rules for motor carrier safety, including hours of service, that may not be inconsistent with or more stringent than applicable federal safety standards. For financial responsibility, the department must adopt the same minimum liability insurance requirements that the Federal Motor Carrier Safety Administration requires of interstate carriers for property and household-goods vehicles and larger passenger vehicles. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).

New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.

No general cap on damages in ordinary injury cases was found. Caps apply to medical malpractice claims under the Medical Malpractice Act and to claims against government entities under the Tort Claims Act.

Three years for an action for an injury to the person.