Hurt in a truck underride crash? We focus on the injuries that change your life.

A truck underride crash happens when a car slides under the back, side, or front of a truck or trailer. These crashes can cause serious spinal cord injuries. A truck underride spinal cord injury lawyer can review the crash, the injuries, and the records to explain your options. Josh Wood, licensed in New Mexico and Arizona, is the responsible lawyer for this page.

What a truck underride crash is

An underride crash is when a passenger vehicle goes under a truck or trailer instead of meeting its bumper. The car’s windshield and roof area can strike the trailer’s structure. That impact is one reason these crashes can cause severe spinal and head injuries.

Federal rules require a safety device on the back of many trailers. Under 49 CFR 393.86, most trailers rated at 10,000 pounds or more and made on or after January 26, 1998 must have a rear impact guard.

An investigation looks at the guard, how it was mounted, and its maintenance history.

This page is for drivers, passengers, and family members hurt in an underride crash in Albuquerque or elsewhere in New Mexico.

Spinal cord injuries after underride crashes

A spinal cord injury disrupts the signals between the brain and the body. Where the injury sits, and how severe it is, shapes what a person may face.

• Complete or incomplete. A complete injury blocks most movement and feeling below the injury. An incomplete injury leaves some function.
• Neck (cervical) injuries often affect the arms and legs.
• Mid-back (thoracic) and lower-back (lumbar) injuries more often affect the legs and trunk.

You may hear a few common terms. Paralysis means loss of movement. Tetraplegia means loss of movement in the arms and legs. Paraplegia means loss of movement in the legs.

Doctors often need weeks or months to know how much function will return. Keep every record from the first emergency visit. Early records show the injury as it first appeared. Later rehabilitation notes show how it changes.

What a spinal cord injury claim can cover

A claim can seek compensation for the losses the injury causes. Those losses are shown through bills, medical records, and the opinions of treating providers.

• Medical care: emergency care, surgery, hospital stays, rehabilitation, medicines, and medical equipment.
• Future care: ongoing treatment and equipment that doctors document as needed.
• Lost income: wages already missed, and any drop in the ability to earn later.
• Home and daily living: changes to a home or vehicle, and in-home help, when treating providers document the need.
• Family losses: a spouse or another person with a sufficiently close relationship may have a loss of consortium claim. New Mexico law says that claim belongs to that family member, not to the injured person or the estate (Thompson v. City of Albuquerque).
• Wrongful death: if the injury leads to death, NMSA 41-2-1 allows a suit against the party who would have been liable had death not occurred.

Who may be responsible and what evidence matters early

More than one party can share responsibility after an underride crash. Evidence also needs to be gathered quickly.

Depending on the facts, possible parties include the truck driver, the motor carrier, the trailer owner, and any company that maintained or repaired the trailer or its guard.

New Mexico generally makes each defendant pay only its share of fault. Under NMSA 41-3A-1, a defendant pays the part of total damages that matches its share of fault, with some exceptions. A claim can also ask whether a vehicle owner gave a vehicle to a driver it knew or should have known was not competent. That claim also requires proof that the driver’s incompetence caused the injury (DeMatteo v. Simon).

Start preserving these items now:

• The police crash report and its case number.
• Photos of the scene, the vehicles, and the trailer.
• Names and contact details of witnesses.
• Medical records, bills, and notes about missed work.
• A simple journal of symptoms and appointments.

Driver records have a short life. Federal rules require motor carriers to keep driver duty-status records and supporting documents for at least six months from the date of receipt (49 CFR 395.8). Acting early helps protect the records that matter.

New Mexico also recognizes liability for intentionally destroying evidence. A lawsuit does not have to be filed first for that liability to apply (Torres v. El Paso Electric). Many people speak with a lawyer before giving a recorded statement to an insurer.

How the process works and what to expect

A typical claim moves from a consultation to an investigation, then a demand, and then a lawsuit if one is needed. Each step depends on the facts.

1. Consultation. You describe the crash and your injuries. The lawyer reviews any paperwork you already have.
2. Investigation. The team requests the crash report, carrier records, and medical records.
3. Damages review. Treating providers document your care, your costs, and any future needs.
4. Demand and negotiation. A demand goes to the responsible parties or their insurers.
5. Lawsuit, if needed. If a fair resolution is not reached, a suit may be filed. Discovery, mediation, and trial preparation may follow.

New Mexico generally allows three years to bring a claim for injury to a person (NMSA 37-1-8). Time limits can vary by claim type and facts, so the first conversation should check dates early.

Every case is different. How long a claim takes depends on the injury, the records, and the parties involved.

Why work with El Gringo Law

El Gringo Law handles car accidents, trucking accidents, catastrophic injuries, spinal cord injuries, and wrongful death claims. Clients in Albuquerque, Bernalillo County, Sandoval County, Santa Fe, and across New Mexico can reach the firm through the contact page below.

• Josh Wood is the responsible lawyer for this page and is licensed in New Mexico and Arizona.
• The firm has more than one lawyer. Assistants and office staff help with records, scheduling, and client questions.
• The firm’s team explains each step in plain words, so you know what is happening.
• The firm’s name carries its own voice: the gringo on your side.

Costs, fees, and the first consultation

The first consultation is free, confidential, and carries no obligation to continue. You can share the crash details and your injuries, then decide what fits your situation.

Frequently asked questions

Talk with El Gringo Law about your underride crash

If a family member is in the hospital after a car slid under a trailer, bills and missed work can pile up fast. You may also have a crash report you don’t understand and an insurer asking for a statement. Josh Wood can review those papers with you. Use the El Gringo Law contact form to start a conversation about your situation.