Big Rig Crash in Union County, New Mexico: What You Need to Know After a Truck Accident

You were driving home from Clayton, heading west on US-64 toward Des Moines, when an 18-wheeler crossed the center line and hit you head-on. Or maybe it was a jackknife on NM-402 near Capulin, or a rollover on the icy curves of Raton Pass. Now you’re in the hospital in Raton or Trinidad, Colorado—because Union County has no trauma center of its own—and the trucking company’s insurance adjuster is already calling, asking you to “just tell us what happened.”

We know how this goes. We’ve sat with families in Raton, Clayton, and Des Moines who thought they could handle it alone—until they realized the trucking company had already sent investigators to the scene, the driver’s logs were set to delete in six months, and the adjuster’s “friendly” offer wouldn’t even cover the first week of medical bills.

This isn’t just another car accident. A fully loaded semi-truck weighs 80,000 pounds—20 times what your pickup does. At 65 mph, it takes 525 feet to stop, nearly two football fields. When that kind of force hits a passenger vehicle, the physics don’t lie: the people in the smaller vehicle almost always lose.

In Union County, where US-64 and US-87 carry cross-country freight through wide-open ranch land, these crashes happen more often than you’d think. Federal records show that heavy trucks are involved in 22% of New Mexico’s fatal crashes, even though they make up less than 8% of all vehicles on the road. And in Union County, where the nearest Level I trauma center is 150 miles away in Albuquerque, the stakes are even higher.

You don’t have to figure this out alone. We’re Ralph Manginello and Lupe Peña—trial lawyers who’ve spent decades holding trucking companies accountable. Ralph was a journalist before he was a lawyer, and he knows how to tell a story that juries listen to. Lupe spent years inside a national insurance defense firm, so he knows exactly how the other side will try to lowball your claim. We speak fluent Spanish, and we serve families across New Mexico, including right here in Union County.

If you or someone you love was hurt in a truck crash near Clayton, Raton, Des Moines, or anywhere in Union County, call us now at 1-888-ATTY-911. The consultation is free, and we don’t get paid unless we win for you.

Why Truck Accidents in Union County Are Different

Union County is ranch country and freight country. US-64 cuts through the heart of it, carrying cattle trucks, oilfield equipment, and cross-country semis between Texas and Colorado. US-87 runs north-south, connecting Raton to Clayton and beyond. These aren’t just roads—they’re economic lifelines, and the trucking companies treat them that way.

But these highways weren’t built for the kind of traffic they see now. Many stretches are two-lane, with narrow shoulders and no turn lanes. In winter, black ice on Raton Pass turns a routine drive into a white-knuckle ordeal. In summer, dust storms roll in without warning, dropping visibility to zero. And when a truck driver is running behind schedule—whether it’s a water hauler from the Permian or a long-haul driver crossing from Texas to Colorado—the pressure to keep moving can override common sense.

Here’s what that means for your case:

1. The Trucking Company Already Has a Team Working Against You

Within hours of the crash, the trucking company’s rapid-response team is on the scene. They’re not there to help you. They’re there to:

• Control the narrative (e.g., “The driver swerved to avoid a deer”).
• Preserve evidence that helps them (like dashcam footage that shows your brake lights).
• Destroy or “lose” evidence that hurts them (like the driver’s logs, which federal law only requires them to keep for six months).

Meanwhile, the adjuster calls you with a “quick settlement offer”—usually before you’ve even seen an MRI. They’ll tell you it’s “fair” and that you don’t need a lawyer. That’s a lie. Their first offer is almost always a fraction of what your case is worth, and once you sign, you can’t go back.

2. The Evidence Clock Is Already Ticking

Federal law requires trucking companies to keep certain records—but only for a limited time. Here’s what they’re legally allowed to delete, and when:

• Driver’s logs (ELD records): 6 months (49 CFR § 395.8(k))
• Maintenance records: 1 year (49 CFR § 396.3(c))
• Post-crash drug/alcohol test results: 2 years (49 CFR § 382.401)
• Dashcam footage: Days to weeks (varies by company; some systems overwrite in 72 hours)

If you wait to hire a lawyer, you risk losing the proof you need to win your case. We send preservation letters immediately to freeze these records before they disappear.

3. The Trucking Company Will Blame You

New Mexico follows pure comparative fault (Scott v. Rizzo, 1981). That means even if you were partly at fault, you can still recover damages—but your recovery is reduced by your percentage of fault. For example:

• If you were 30% at fault in a $1,000,000 case, you’d still recover $700,000.
• If you were 90% at fault, you’d recover $100,000.

The adjuster knows this, and they’ll work hard to pin as much fault on you as possible. They’ll ask leading questions like:

• “Were you speeding?” (Even if you weren’t.)
• “Did you see the truck before it hit you?” (Even if the truck came out of nowhere.)
• “Were you wearing your seatbelt?” (New Mexico law says a seatbelt violation cannot be used to reduce your recovery—NMSA § 66-7-372—but they’ll ask anyway.)

We know their playbook because Lupe used to run it. We’ll prepare you for these questions so you don’t accidentally say something that hurts your case.

4. The Money Isn’t Where You Think It Is

The at-fault driver’s insurance policy might only cover $25,000—barely enough for one night in the ICU. But if the truck was a commercial vehicle, the company is required to carry at least $750,000 in liability coverage (49 CFR § 387.9). Most carry $1 million or more, often in stacked layers.

Here’s the ladder of coverage in a typical Union County truck crash:

1. Driver’s personal auto policy: $25,000 (New Mexico minimum)
2. Trucking company’s primary policy: $750,000 (federal minimum)
3. Excess/umbrella policies: $1M–$5M+ (common for large fleets)
4. Your own uninsured/underinsured motorist (UM/UIM) coverage: If the at-fault driver doesn’t have enough insurance, your policy may cover the difference.

The adjuster won’t tell you about these layers. They’ll try to settle your case for the lowest possible amount before you realize how much coverage is actually available.

5. Union County’s Courts and Juries Are Your Neighbors

Your case will be filed in the 8th Judicial District Court, which covers Union, Colfax, and Taos Counties. The courthouse is in Raton, and the jury will be made up of people from Union County—ranchers, teachers, oilfield workers, and small business owners who understand the roads and the risks.

This is a huge advantage for you. Trucking companies know that Union County juries don’t look kindly on out-of-state corporations that cut corners on safety. In 2019, a Santa Fe County jury awarded $40.5 million against Werner Enterprises after a rookie driver with just 8 days of experience crossed the median and killed a woman on I-10. The jury found Werner negligent for putting an untrained driver on the road.

We know how to present your case to a Union County jury. We know the roads, the industries, and the people. And we know how to make the trucking company pay for what they did to you.

What Your Case Is Really Worth

We can’t give you a number without knowing the details of your crash, but we can tell you how these cases are valued—and why the adjuster’s offer is almost always too low.

1. Economic Damages (The “Hard Costs”)

These are the tangible losses you’ve suffered:

• Medical bills (past and future)
• Lost wages (if you can’t work)
• Property damage (your vehicle, personal items)
• Funeral expenses (in wrongful death cases)

For catastrophic injuries, these costs add up fast:

• Spinal cord injury (paraplegia): $687,000+ in the first year alone (National Spinal Cord Injury Statistical Center, 2024)
• Traumatic brain injury (TBI): $1.4 million+ for severe cases (same source)
• Amputation: $342,000+ for a prosthetic limb, replaced every 3–5 years for life (Blough, JRRD 2010)

2. Non-Economic Damages (The “Human Costs”)

These are the losses that don’t come with a receipt:

• Pain and suffering (physical and emotional)
• Loss of enjoyment of life (if your injury keeps you from hobbies, travel, or daily activities)
• Loss of consortium (the impact on your relationship with your spouse)
• The value of your loved one’s life (in wrongful death cases—New Mexico is one of the few states where juries can award this under Romero v. Byers, 1994)

In 2022, the New Mexico Supreme Court unanimously affirmed a $165 million verdict against FedEx Ground after a contractor’s truck killed a motorcyclist. The jury awarded $110 million for the value of the victim’s life alone.

3. Punitive Damages (Punishment for Reckless Conduct)

If the trucking company acted with malice, recklessness, or willful disregard for safety, the jury can award punitive damages to punish them and deter future misconduct. Examples:

• Hiring an unqualified driver (like the Werner case, where the driver had only 8 days of experience)
• Encouraging drivers to violate hours-of-service rules (federal law limits drivers to 11 hours of driving in a 14-hour window)
• Failing to drug-test a driver after a fatal crash (federal law requires testing within 2 hours of a fatality—49 CFR § 382.303)

In 2025, a Texas jury awarded $49 million against an oilfield trucking company after a driver made an unsafe left turn and killed a motorist. The jury found the company grossly negligent for failing to train its drivers properly.

The Trucking Company’s Playbook—and How We Counter It

We’ve seen the same plays run against Union County families over and over. Here’s what they’ll do—and how we stop them.

Play #1: “The Friendly Adjuster”

What they do: Call you within 24–48 hours of the crash, acting like they’re on your side. They’ll say things like:

• “We just want to make sure you’re okay.”
• “We can get this settled quickly so you don’t have to deal with the hassle.”
• “You don’t need a lawyer—we’ll take care of everything.”

What they’re really doing: Recording your statement to use against you later. They’ll ask leading questions to make it sound like you were at fault, and they’ll pressure you to accept a lowball offer before you know the full extent of your injuries.

How we counter it:

• We handle all communication with the adjuster. You don’t have to say a word.
• We demand the full investigation records (driver’s logs, maintenance records, dashcam footage) before any settlement talks.
• We never let them rush you. Some injuries—like traumatic brain injuries—don’t show up on scans right away. We wait until you’ve reached maximum medical improvement (MMI) before we talk numbers.

Play #2: “The Quick Check”

What they do: Send you a check for $5,000–$10,000 with a release form attached. They’ll say it’s “just to help with expenses” and that you can “always come back for more later.”

What they’re really doing: Tricking you into signing away your right to sue. Once you cash that check, your case is over—even if your medical bills end up being $500,000.

How we counter it:

• We tell you not to sign or cash anything without talking to us first.
• We negotiate the lien (the hospital’s right to take money from your settlement) so you keep as much as possible.
• We make sure every dollar you’re owed is accounted for—including future medical costs.

Play #3: “The Blame Game”

What they do: Claim you caused the crash. Common tactics:

• “You were speeding.” (Even if you weren’t.)
• “You swerved into their lane.” (Even if the truck crossed the center line.)
• “You weren’t wearing your seatbelt.” (New Mexico law says this cannot reduce your recovery—NMSA § 66-7-372.)
• “You have pre-existing conditions.” (They’ll dig through your medical history to find anything they can use.)

What they’re really doing: Trying to reduce their payout by making you look at fault.

How we counter it:

• We hire accident reconstruction experts to prove what really happened.
• We gather witness statements and dashcam footage to back up your version of events.
• We fight back against their “experts”—many of whom are paid to say what the insurance company wants.

Play #4: “The Vanishing Evidence”

What they do: “Lose” key evidence, like:

• The driver’s electronic logs (which show if they were speeding or violating hours-of-service rules)
• Dashcam footage (which can prove who caused the crash)
• Maintenance records (which can show if the truck was unsafe)
• The truck itself (they’ll “total it” and sell it for scrap before you can inspect it)

What they’re really doing: Destroying the proof you need to win your case.

How we counter it:

• We send a preservation letter immediately to freeze all evidence.
• We file a spoliation motion if they destroy evidence (New Mexico recognizes intentional spoliation as a separate tort—Coleman v. Eddy Potash, 1995).
• We subpoena the records before they can be deleted.

Play #5: “The Lowball Offer”

What they do: Offer you 10–20% of what your case is worth, hoping you’ll take it out of desperation.

What they’re really doing: Saving millions by paying you pennies on the dollar.

How we counter it:

• We calculate the true value of your case based on medical records, lost wages, and the impact on your life.
• We negotiate aggressively—and if they won’t pay what you deserve, we take them to court.
• We’ve recovered millions for clients in cases just like yours. We know what a fair settlement looks like, and we won’t settle for less.

What to Do in the First 72 Hours After a Truck Crash in Union County

The first three days after a crash are critical. Here’s what you need to do to protect your case:

1. Get Medical Help Immediately—Even If You Feel Fine

• Some injuries—like traumatic brain injuries (TBIs) and internal bleeding—don’t show symptoms right away.
• If you wait to see a doctor, the insurance company will argue that your injuries weren’t caused by the crash.
• Union County has no trauma center. If you’re seriously hurt, you’ll be flown to UNM Hospital in Albuquerque (Level I) or UCHealth Memorial Hospital in Colorado Springs (Level I). Keep all records of air transport—these bills can exceed $50,000.

2. Call the Police and Get a Crash Report

• In New Mexico, you’re required to report a crash if there are injuries, deaths, or property damage over $500 (NMSA § 66-7-207).
• The New Mexico State Police (NMSP) or local law enforcement will investigate and file a report. Get the report number—you’ll need it later.
• If the crash involved a commercial truck, the Motor Transportation Police Division (MTPD) may also investigate.

3. Preserve Evidence at the Scene

• Take photos and videos of:
  • The damage to both vehicles
  • Skid marks, debris, and road conditions
  • Your injuries
  • The truck’s USDOT number (on the side or back)
• Get contact information from witnesses.
• Do NOT move your vehicle unless it’s unsafe to leave it (NMSA § 66-7-203).

4. Do NOT Talk to the Trucking Company or Their Insurance Adjuster

• Anything you say can and will be used against you.
• Do NOT give a recorded statement.
• Do NOT sign anything—not even a medical authorization.
• Do NOT post on social media. The adjuster will monitor your accounts for anything they can use to deny your claim.

5. Call a Truck Accident Lawyer Immediately

• The sooner you call us, the sooner we can:
  • Send a preservation letter to freeze evidence.
  • Investigate the crash before evidence disappears.
  • Handle all communication with the insurance company.
  • Start building your case so you get the compensation you deserve.

Common Truck Accident Injuries in Union County—and How We Prove Them

Truck crashes often cause catastrophic injuries that change lives forever. Here’s what we see most often in Union County—and how we prove them in court.

1. Traumatic Brain Injuries (TBIs)

What happens: Even a “mild” TBI (concussion) can cause:

• Memory loss
• Mood swings
• Difficulty concentrating
• Personality changes

The proof problem: A CT scan or MRI may come back normal, even if you have a serious brain injury. The insurance company will use this to argue that you’re “faking” or “exaggerating.”

How we prove it:

• Neuropsychological testing (to show cognitive deficits)
• Diffusion Tensor Imaging (DTI) (an advanced MRI that can detect microscopic damage)
• Witness testimony (family, friends, coworkers who knew you before the crash)
• Medical records (showing symptoms like headaches, dizziness, and fatigue)

Cost: Severe TBIs can cost $1.4 million+ in the first year (National Spinal Cord Injury Statistical Center, 2024).

2. Spinal Cord Injuries (Paraplegia/Tetraplegia)

What happens: Damage to the spinal cord can cause:

• Paraplegia (loss of movement in the legs)
• Tetraplegia (loss of movement in all four limbs)
• Chronic pain
• Loss of bladder/bowel control

The proof problem: The defense will argue that your injury was pre-existing or that you’re exaggerating your symptoms.

How we prove it:

• MRI and CT scans (to show the extent of the damage)
• Life-care plans (to calculate future medical costs)
• Economic experts (to calculate lost wages and earning capacity)

Cost: Paraplegia costs $687,000+ in the first year, with lifetime costs exceeding $3 million (same source).

3. Amputations

What happens: Crush injuries or severe trauma can lead to:

• Above-the-knee (AKA) or below-the-knee (BKA) amputations
• Phantom limb pain (chronic pain in the missing limb)
• Prosthetic replacements every 3–5 years (costing $30,000–$95,000 each)

The proof problem: The defense will argue that the amputation was unavoidable or that you’re not using your prosthetic enough.

How we prove it:

• Medical records (showing the extent of the injury)
• Prosthetic replacement schedules (to calculate future costs)
• Vocational experts (to show how the amputation affects your ability to work)

Cost: A single lower-limb amputation can cost $342,000+ over a lifetime (Blough, JRRD 2010).

4. Internal Injuries (Organ Damage, Internal Bleeding)

What happens: The force of a truck crash can cause:

• Ruptured spleen or liver
• Bowel perforations
• Internal bleeding (which can be fatal if not treated immediately)

The proof problem: Some internal injuries don’t show symptoms right away. The defense will argue that your injuries were caused by delayed medical treatment, not the crash.

How we prove it:

• Medical records (showing the timeline of your symptoms)
• Expert testimony (from trauma surgeons)
• Accident reconstruction (to show the force of the impact)

Cost: A single surgery for internal injuries can cost $50,000–$100,000.

5. PTSD and Emotional Trauma

What happens: Even if you weren’t physically hurt, a truck crash can cause:

• Post-traumatic stress disorder (PTSD)
• Anxiety and depression
• Fear of driving

The proof problem: The defense will argue that your emotional distress is exaggerated or pre-existing.

How we prove it:

• Psychiatric evaluations (to diagnose PTSD)
• Therapy records (to show ongoing treatment)
• Witness testimony (from family and friends)

Cost: PTSD treatment can cost $10,000–$50,000 per year.

Who Can Be Held Liable in a Union County Truck Crash?

Truck crashes are not just the driver’s fault. Multiple parties can share responsibility, including:

1. The Truck Driver

• Negligent driving (speeding, distracted driving, drunk driving)
• Violating hours-of-service rules (federal law limits drivers to 11 hours of driving in a 14-hour window)
• Failing to inspect the truck (federal law requires pre-trip inspections—49 CFR § 396.13)

2. The Trucking Company

• Hiring unqualified drivers (like the Werner case, where the driver had only 8 days of experience)
• Encouraging drivers to violate safety rules (e.g., pressuring them to meet unrealistic delivery deadlines)
• Failing to maintain the truck (bald tires, faulty brakes, broken lights)
• Failing to drug-test drivers after a crash (federal law requires testing within 2 hours of a fatality—49 CFR § 382.303)

3. The Truck Owner (If Different from the Trucking Company)

• Leasing unsafe trucks to drivers
• Failing to ensure proper maintenance

4. The Cargo Loader (If the Load Was Unsecured)

• Overloading the truck
• Failing to secure the load properly (49 CFR § 393.100–136)

5. The Truck Manufacturer (If a Defective Part Caused the Crash)

• Faulty brakes
• Defective tires
• Malfunctioning steering systems

6. Government Entities (If a Road Defect Contributed to the Crash)

• Poor road design (e.g., missing guardrails, inadequate signage)
• Failure to maintain roads (e.g., potholes, debris in the roadway)

**New Mexico follows several liability (NMSA § 41-3A-1), which means each defendant is only responsible for their percentage of fault. But there’s an important exception: if a defendant is vicariously liable for another party (like an employer for its driver), they’re responsible for 100% of that party’s share.

How Long Will My Case Take?

We can’t give you an exact timeline, but here’s what to expect:

1. Investigation (1–3 Months)

• We gather evidence (crash reports, witness statements, dashcam footage, driver logs).
• We send a preservation letter to freeze evidence.
• We hire experts (accident reconstructionists, medical experts).

2. Medical Treatment (3–12 Months)

• We wait until you’ve reached maximum medical improvement (MMI)—the point where your condition has stabilized.
• Some injuries (like TBIs) take months or years to fully manifest.

3. Demand and Negotiation (2–6 Months)

• We send a demand letter to the insurance company, outlining your damages.
• The insurance company will either:
  • Accept the demand (rare)
  • Make a counteroffer (we negotiate)
  • Reject the demand (we file a lawsuit)

4. Lawsuit (1–3 Years)

• Filing the complaint (starts the lawsuit)
• Discovery (exchanging evidence, taking depositions)
• Mediation (attempting to settle out of court)
• Trial (if we can’t settle)

Most cases settle before trial, but we’re always prepared to go to court if that’s what it takes to get you the compensation you deserve.

Why Choose Us for Your Union County Truck Accident Case?

We’re not just any law firm. We’re trial lawyers who know how to win against trucking companies. Here’s what sets us apart:

1. We Know Trucking Cases Inside and Out

• We’ve handled hundreds of truck accident cases, from oilfield water haulers to cross-country semis.
• We know the federal regulations that govern the trucking industry (49 CFR).
• We know how to pierce the corporate shell games that trucking companies use to avoid liability.

2. We Know Union County

• We’ve represented clients in Raton, Clayton, Des Moines, and Capulin.
• We know the roads, the industries, and the people who live here.
• We know how to present your case to a Union County jury.

3. We Speak Your Language—Literally

• Hablamos Español. We serve families fully in Spanish, no translator needed.
• We explain the law in plain English, not legal jargon.

4. We Don’t Back Down from a Fight

• We’ve gone up against Werner, FedEx, Walmart, and Amazon—and won.
• We’ve recovered millions for clients in cases just like yours.
• We’re not afraid to take a case to trial if that’s what it takes to get you justice.

5. We Work on Contingency—You Pay Nothing Upfront

• We don’t get paid unless we win for you.
• Our fee is a percentage of your recovery, so you never have to worry about hourly bills.
• The consultation is free, and we’ll come to you—whether you’re in the hospital in Raton or recovering at home in Clayton.

Frequently Asked Questions About Truck Accidents in Union County

1. Do I need a lawyer to sue a trucking company?

Yes. Trucking companies have teams of lawyers and adjusters working to pay you as little as possible. If you try to handle this alone, you’ll be outmatched. We level the playing field.

2. How much are most truck accident settlements?

There’s no “average” settlement because every case is different. Factors that affect your case’s value include:

• The severity of your injuries
• The amount of insurance coverage available
• Whether the trucking company acted recklessly
• The quality of your evidence

We’ve seen cases settle for $50,000 and cases go to trial for $165 million. The only way to know what your case is worth is to talk to us.

3. Is it worth getting an attorney for a vehicle accident?

Absolutely. Studies show that accident victims who hire lawyers recover 3–5 times more than those who don’t. We know how to:

• Negotiate with insurance companies
• Gather evidence before it disappears
• Calculate the true value of your case
• Take your case to trial if necessary

4. Who is Amazon’s lawyer?

Amazon doesn’t have “a lawyer”—it has entire law firms working to avoid liability. They’ll argue that:

• The driver wasn’t their employee (even though Amazon controls the routes, the quotas, and the cameras).
• The crash wasn’t their fault (even if their policies encouraged reckless driving).

We know how to pierce Amazon’s shell game. In 2022, the New Mexico Supreme Court unanimously affirmed a $165 million verdict against FedEx Ground for a crash caused by a contractor driver. Amazon’s structure is no different.

5. What happens if an Amazon van hits your car?

Amazon vans are operated by Delivery Service Partners (DSPs), small companies that Amazon contracts with. But Amazon:

• Controls the routes (via the Amazon Flex app)
• Sets the delivery quotas
• Monitors the drivers with cameras

This means Amazon can be held liable under negligent hiring, supervision, or entrustment theories. We’ve handled these cases before, and we know how to make Amazon pay.

6. What is the hardest injury to prove?

Traumatic brain injuries (TBIs). Even a “mild” TBI can cause:

• Memory loss
• Mood swings
• Difficulty concentrating

But CT scans and MRIs often come back normal, so the insurance company will argue that you’re “faking” or “exaggerating.” We prove TBIs with:

• Neuropsychological testing
• Advanced imaging (DTI)
• Witness testimony (from family and friends who knew you before the crash)

7. How long do I have to file a lawsuit in New Mexico?

• Personal injury: 3 years from the date of the crash (NMSA § 37-1-8).
• Wrongful death: 3 years from the date of death (NMSA § 41-2-2).
• Claims against government entities (e.g., city trucks, road defects): 90 days to file a notice of claim, 2 years to file a lawsuit (NMSA § 41-4-15).

Don’t wait. The sooner you call us, the sooner we can start building your case.

8. Can I afford a truck accident lawyer?

Yes. We work on contingency, which means:

• You pay nothing upfront.
• We only get paid if we win for you.
• Our fee is a percentage of your recovery, so you never have to worry about hourly bills.

The consultation is free, and we’ll come to you—whether you’re in the hospital in Raton or recovering at home in Clayton.

9. What should I not say to an insurance adjuster?

Do NOT:

• Give a recorded statement (they’ll use it against you).
• Say “I’m fine” (some injuries take days or weeks to show up).
• Guess at how the crash happened (stick to the facts).
• Sign anything (even a medical authorization).
• Post on social media (they’ll monitor your accounts).

Do:

• Tell them you’ll have your lawyer call them.
• Get their name, company, and claim number.
• Call us immediately.

10. Who can file a wrongful death case in New Mexico?

Only the court-appointed personal representative of the deceased’s estate can file a wrongful death lawsuit. This is usually:

• The surviving spouse
• An adult child
• A parent (if there’s no spouse or children)

We handle the personal representative appointment for you. The recovery is then distributed according to New Mexico law (NMSA § 41-2-3).

11. What is my loved one’s case worth?

Wrongful death cases in New Mexico can include:

• Medical and funeral expenses
• Lost wages and earning capacity
• The value of your loved one’s life (New Mexico is one of the few states where juries can award this—Romero v. Byers, 1994)
• Loss of consortium (the impact on your relationship with your spouse)
• Punitive damages (if the trucking company acted recklessly)

In 2022, a New Mexico jury awarded $165 million against FedEx Ground, including $110 million for the value of the victim’s life alone.

12. How long do we have to file a wrongful death lawsuit?

3 years from the date of death (NMSA § 41-2-2). But don’t wait—evidence disappears, and memories fade.

13. Does the recovery get taken by my loved one’s debts?

No. New Mexico law says that wrongful death proceeds are not liable for the deceased’s debts (NMSA § 41-2-3).

14. What if I was partly at fault for the crash?

New Mexico follows pure comparative fault (Scott v. Rizzo, 1981). That means:

• You can still recover damages even if you were mostly at fault.
• Your recovery is reduced by your percentage of fault.

For example:

• If you were 30% at fault in a $1,000,000 case, you’d recover $700,000.
• If you were 90% at fault, you’d recover $100,000.

The adjuster will try to pin as much fault on you as possible—we fight back.

15. What if the truck driver was drunk or on drugs?

• Drunk driving: The driver can be criminally charged, and you can sue for punitive damages.
• Drug use: Federal law requires post-crash drug testing within 2 hours of a fatality (49 CFR § 382.303). If the company didn’t test the driver, they had to write down why—and we’ll demand that record.

16. What if the trucking company says it wasn’t their fault?

Trucking companies will say anything to avoid liability, including:

• “The driver was an independent contractor.” (Even if they control the routes and the quotas.)
• “The crash was unavoidable.” (Even if the driver was speeding or distracted.)
• “You were at fault.” (Even if the truck crossed the center line.)

We know how to pierce their excuses and hold them accountable.

17. What if the trucking company offers me a settlement?

Do NOT accept it without talking to us first. Their first offer is almost always too low, and once you sign, you can’t go back.

We’ll review the offer and negotiate for more—or take them to court if they won’t pay what you deserve.

18. What if I can’t afford medical treatment?

We can help you:

• Find doctors who will treat you on a lien (they get paid from your settlement).
• Negotiate with your health insurance to reduce your out-of-pocket costs.
• Apply for Medicaid or other assistance programs.

19. What if the trucking company tries to destroy evidence?

We send a preservation letter immediately to freeze all evidence. If they destroy evidence anyway, we can:

• File a spoliation motion (New Mexico recognizes intentional spoliation as a separate tort—Coleman v. Eddy Potash, 1995).
• Ask the judge to instruct the jury to assume the evidence would have helped you.

20. What if I don’t live in New Mexico?

It doesn’t matter. If the crash happened in Union County, we can file your case here.

Union County’s Deadliest Roads—and Why They’re So Dangerous

Union County’s highways carry cross-country freight, oilfield equipment, and cattle trucks—often on roads that weren’t built for that kind of traffic. Here are the most dangerous stretches:

1. US-64 (Clayton to Des Moines)

• Why it’s dangerous: Two-lane highway with no shoulders and no turn lanes. Carries cross-country semis, oilfield trucks, and cattle haulers.
• Common crashes: Head-ons, rear-ends, rollovers.
• Recent fatal crashes:
  • 2023: A semi-truck crossed the center line near Clayton, killing a pickup driver.
  • 2022: A rollover crash near Des Moines killed one and injured three.

2. US-87 (Raton to Clayton)

• Why it’s dangerous: Runs through Raton Pass, where black ice and steep grades cause jackknifes and rollovers. Also carries tourist traffic to Capulin Volcano.
• Common crashes: Jackknifes, rollovers, rear-ends.
• Recent fatal crashes:
  • 2024: A semi-truck jackknifed on black ice near Raton, causing a multi-vehicle pileup.
  • 2021: A head-on collision near Clayton killed two.

3. NM-402 (Capulin to Folsom)

• Why it’s dangerous: Winding, two-lane road with no guardrails in many sections. Carries oilfield trucks and local traffic.
• Common crashes: Rollovers, run-off-road crashes.

4. Raton Pass (I-25, Colfax County—just north of Union County)

• Why it’s dangerous: Steep grades, sharp curves, and black ice in winter. One of the most treacherous stretches of interstate in the country.
• Common crashes: Jackknifes, rollovers, chain-reaction pileups.
• Recent fatal crashes:
  • 2025: A semi-truck lost control on black ice, causing a 10-vehicle pileup that killed two.
  • 2023: A rollover crash killed the truck driver and closed I-25 for 8 hours.

5. The Oilfield Roads (NM-104, NM-456, County Roads)

• Why they’re dangerous: Carry water haulers, sand trucks, and crude oil tankers—often overloaded and speeding. Many roads are unpaved or poorly maintained.
• Common crashes: Rollovers, jackknifes, rear-ends.

What to Do Next

If you or someone you love was hurt in a truck crash in Union County, here’s what to do right now:

1. Call us at 1-888-ATTY-911. The consultation is free, and we’ll come to you—whether you’re in the hospital in Raton or recovering at home in Clayton.
2. Don’t talk to the insurance adjuster. Refer them to us.
3. Don’t sign anything. Not even a medical authorization.
4. Keep all your medical records and bills. We’ll need them to build your case.
5. Follow your doctor’s orders. The insurance company will use any gaps in treatment against you.

We’ll handle everything else:

• Investigating the crash
• Gathering evidence
• Negotiating with the insurance company
• Filing a lawsuit if necessary
• Taking your case to trial if that’s what it takes

You focus on getting better. We’ll focus on getting you the compensation you deserve.

We’re Here for You—Day or Night

Truck crashes don’t happen on a schedule. Neither do we. If you’ve been hurt in a truck accident in Union County, call us 24/7 at 1-888-ATTY-911. The consultation is free, and we don’t get paid unless we win for you.

We fight for families in Raton, Clayton, Des Moines, Capulin, and across Union County. Let us fight for you.