How Is Compensation Calculated in a New Mexico Truck Accident?
How Is Compensation Calculated in a New Mexico Truck Accident?
Truck accidents can result in severe injuries, extensive property damage, and significant financial losses. Victims of truck accidents in New Mexico may be entitled to compensation, but determining the amount they can recover depends on several factors. At Silva & Associates, P.C., we provide legal assistance to those affected by truck accidents in New Mexico, helping them navigate the claims process and pursue the compensation they deserve.
Key Factors in Calculating Compensation
Several elements are considered when determining compensation for a truck accident claim in New Mexico:
1. Medical Expenses
One of the most significant factors in a truck accident claim is medical costs. Compensation may include:
- Emergency medical care
- Hospital stays
- Surgeries and medical procedures
- Physical therapy and rehabilitation
- Prescription medications
- Future medical expenses for long-term injuries
2. Lost Wages and Reduced Earning Capacity
If the accident prevents a victim from working, they may recover compensation for:
- Lost wages during recovery
- Reduced earning potential if injuries limit future employment
- Loss of career opportunities due to disability
3. Property Damage

Truck accidents often result in substantial vehicle damage. Victims may be entitled to reimbursement for:
- Vehicle repairs or replacement
- Damage to personal belongings inside the vehicle
- Costs of alternative transportation while awaiting repairs
4. Pain and Suffering
New Mexico allows victims to recover damages for physical pain and emotional suffering caused by the accident. These damages can be harder to quantify but may include:
- Chronic pain
- Emotional distress and PTSD
- Loss of enjoyment of life
- Psychological counseling expenses
5. Comparative Negligence in New Mexico
New Mexico follows a pure comparative negligence rule, meaning that compensation is adjusted based on the victim’s percentage of fault. For example, if a victim is found to be 20% at fault for the accident, their total compensation is reduced by 20%. Even if a victim is partially responsible, they can still recover damages.
6. Punitive Damages
In cases where a truck driver or trucking company acted recklessly—such as driving under the influence or violating federal trucking regulations—victims may be awarded punitive damages. These damages serve as a penalty to discourage similar misconduct in the future.
Why Legal Assistance Matters
Calculating compensation in a truck accident case requires a thorough evaluation of economic and non-economic damages. Insurance companies may try to minimize payouts, making it essential to have an experienced attorney advocating for fair compensation.
At Silva & Associates, P.C., we help truck accident victims in New Mexico navigate the legal process, assess their damages, and fight for the maximum compensation they deserve. If you or a loved one has been injured in a truck accident, contact us for legal guidance.




