Spinal Cord Injury After an I-40 Crash: How Claims Work

A spinal cord injury claim after an I-40 crash is a personal injury claim. It asks the people responsible for the crash to pay for the losses the injury caused. This page explains how these claims work in New Mexico, in plain language. It is written for the injured person and for the family members making decisions right now. Interstate 40 runs through Albuquerque, and crashes on it can be severe. The University of New Mexico Traffic Research Unit publishes New Mexico crash data and annual traffic crash reports. For broader background, see our spinal cord injury overview.

What a Spinal Cord Injury Claim After an I-40 Crash Is

A spinal cord injury claim seeks compensation for harm caused by a crash that injured the spinal cord. The spinal cord has three layers of tissue for protection, and fluid cushions it against shock. The NINDS spinal cord injury page explains that these layers and fluid protect it from injury.

Where the injury sits matters. Nerves in the neck control the arms, hands, and diaphragm. Nerves in the lower back and hips control the legs and some organ functions. The injury level shapes the medical needs and the losses a claim may address.

Highway crashes can cause these injuries. High speeds, rollovers, and collisions with large trucks can all put severe force on the spine. Each crash and each injury is different.

What a Claim Can Recover and Who May Be Responsible

A claim can seek compensation for the losses the injury causes. Losses often include:

• Past and future medical care, rehabilitation, and assistive equipment

More than one party may share responsibility. Possible parties include the negligent driver, the employer of a commercial driver, and the owner of a vehicle or equipment. A vehicle owner may face a negligent entrustment claim if it gave a driver the vehicle while knowing, or having reason to know, the driver was incompetent.

Government entities can also be involved. Under NMSA 1978 § 41-4-11, the immunity granted under Section 41-4-4 NMSA 1978 is waived for certain claims arising from the negligence of public employees while acting within the scope of their duties during the construction, and in subsequent maintenance, of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area, but that waiver excludes damages caused by a defect in plan or design, a failure to construct or reconstruct, or a deviation from standard geometric design practices that meets the statute’s conditions.

Several liability can limit what each defendant pays. New Mexico’s several-liability statute, Section 41-3A-1, provides that when several liability applies, a defendant who shows that another person’s fault was a proximate cause of the plaintiff’s injury is responsible only for the share of the total damages award that matches the ratio of that defendant’s fault to the total fault assigned to everyone, including plaintiffs, defendants and people who are not parties to the case. Exceptions exist, and the facts of each crash decide which rule applies.

A spouse or close family member may have a separate loss of consortium claim. Under Thompson v. City of Albuquerque, that claim belongs to the family member, not the injured person.

Deadlines and Fault Rules to Know Early

New Mexico follows pure comparative negligence, so sharing some blame does not automatically end a claim. Under Scott v. Rizzo, an injured plaintiff is no longer totally barred from recovery because of their own negligence. Under the UJI 13-2218 NMRA instruction, the jury sets each side’s percentage. Under the UJI 13-2218 NMRA instruction, where there is no apportionment of negligence among defendants or non-parties, the injured person’s total damages are reduced by the percentage of their own negligence.

Deadlines can be short, especially when a government entity may be responsible. Section 41-4-15 of New Mexico’s statutes forever bars a tort action against a governmental entity or a public employee unless it is filed within two years after the date of the occurrence resulting in loss, injury or death, except that a child under the full age of seven has until the child’s ninth birthday to file.

Other claims have their own time limits. We can review which ones may apply to your crash.

Early steps matter. Vehicle data, photos, and witness names can be harder to find later. Section 66-7-213 of New Mexico’s statutes provides that, except as that section otherwise allows, an accident report may not be used as evidence in any civil or criminal trial arising out of the accident. Insurance adjusters may call early. Bring questions about recorded statements and releases to us before you agree to anything.

How the Process Works, Step by Step

The process starts with a free, confidential initial consultation, with no obligation to continue. Here is what usually follows:

1. Initial consultation. We review the crash and injury facts with you.
2. Investigation. We gather crash reports, photos, vehicle records, and witness information. In trucking crashes, federal rules require alcohol testing of surviving drivers as soon as practicable after certain crashes. If a test is not given within eight hours, the employer must stop trying. See 49 C.F.R. § 382.303. The rule also does not require delaying necessary medical care.
3. Medical documentation. Records of diagnosis, imaging, surgery, and rehabilitation form the core of the claim.
4. Demand and negotiation. We present the claim to insurers or other responsible parties.
5. Lawsuit, if needed. If a fair resolution is not reached, we can file suit.

Serious injury claims often take longer than minor ones. The full extent of a spinal injury may not be known for some time. We explain each stage as it happens.

Medical Records and Symptoms That Can Appear Later

Complete medical records are the foundation of a spinal cord injury claim. Follow up with every provider. Tell them about every new symptom, even small ones.

Injury level affects breathing. According to the NINDS spinal cord injury page, an injury between C1 and C4 can stop breathing, because those nerves control the diaphragm. Emergency care matters from the first moment.

Keep a simple log. Write down symptoms, appointments, missed work, and out-of-pocket costs. These notes help show how the injury changes daily life.

Why Contact El Gringo Law About Your I-40 Crash

El Gringo Law handles car accidents, trucking accidents, premises liability, negligent security, wrongful death, sexual assault, catastrophic injuries, spinal cord injuries, amputations, and burn injuries.

Josh Wood is the responsible lawyer for this page. He is licensed in New Mexico and Arizona. The firm has more than one lawyer and support staff. Our team works with clients throughout the case.

Every case is different. This page describes the firm’s practice areas and its free initial consultation. It does not describe any outcome.

Common Questions About Spinal Cord Injury Claims After I-40 Crashes

Talk With Our Team About Your Crash

If you are reading this during treatment, or while caring for someone hurt on I-40, you do not have to sort out the claim alone. Reach out for a free, confidential initial consultation, with no obligation to continue. You can call, send our contact form, or start a chat through our website at elgringolaw.com.

Responsible lawyer: Josh Wood, El Gringo Law, elgringolaw.com.