Hit by a Truck on Your Motorcycle? Get Clear Answers First.

A motorcycle hit by truck crash in Albuquerque can lead to an injury claim or a wrongful death claim. Both seek money for losses the crash caused, such as medical bills, lost pay and pain and suffering. The first steps are understanding who may be responsible and which evidence matters most.

What a Motorcycle-Truck Crash Claim Covers and Who It Is For

A motorcycle-truck crash claim asks the at-fault party to pay for the harm the collision caused. Injured riders and passengers may bring an injury claim. When a rider dies, family members may pursue a wrongful death claim. Under NMSA § 41-2-1, whenever a death is caused by the wrongful act, neglect or default of another, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.

Crashes between motorcycles and large trucks can cause catastrophic injuries. These may include spinal cord damage, amputations and burns. Those injuries often mean long treatment and lasting limits on work and daily life. Our team covers catastrophic injury claims along with car accidents, trucking accidents and wrongful death.

Crash data shows how common these collisions are across the state.

Why a Truck Changes Who Can Be Held Responsible

A truck crash can involve more than one party who may share responsibility. A negligence claim generally needs a duty owed to the injured person, a breach of that duty, and harm caused by the breach. Herrera v. Quality Pontiac states these basic elements under New Mexico law.

Possible defendants include the truck driver and the trucking company. A company may face a negligent entrustment claim if it gave a vehicle to a driver it knew or should have known was incompetent, and that incompetence caused the harm. DeMatteo v. Simon sets out those three elements.

Federal driving limits also matter. A property-carrying commercial driver may not drive without first taking 10 consecutive hours off duty. Driving is also not allowed after more than 8 hours of driving time without at least a consecutive 30-minute interruption in driving status, except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2). These rules appear in 49 CFR 395.3, though 49 CFR 395.1 lists exceptions: for example, the 30-minute break rule does not apply to certain short-haul drivers or to drivers hauling livestock or commercial bees interstate while the animals are on the vehicle. Compliance records can become key evidence.

Under NMSA § 41-3A-1, in causes of action to which several liability applies, any defendant who establishes that the fault of another is a proximate cause of a plaintiff’s injury is liable only for the portion of the total dollar amount awarded as damages that equals the ratio of that defendant’s fault to the total fault attributed to all persons, including plaintiffs, defendants and persons not party to the action. That makes it important to identify every responsible party early. For more on these cases, see our trucking accident claims page.

Evidence to Preserve Early in a Motorcycle-Truck Crash

The most useful evidence often disappears fast, so start preserving it soon after the crash. Gather the following items as you can:

• The police crash report. Request a copy and note any citations or statements recorded.
• Truck records. Driver logs, dispatch notes and electronic data may exist. Under 49 CFR 379.3, companies keep records for set minimum periods, and after those periods they may be destroyed at the company’s discretion, though this does not excuse compliance with any other governmental body’s longer retention requirements.
• Drug and alcohol testing. Some truck crashes require the employer to test surviving drivers. For controlled substances, if the test is not given within 32 hours, the employer must stop trying. See 49 CFR 382.303.
• Photos and video. Capture the scene, the damaged motorcycle, your gear, and any dashcam or nearby camera footage.
• Witnesses and medical records. Write down witness names and contact details. Keep every medical record from the first treatment onward.
• Your timeline. Write what you remember while it is fresh.

Keep the motorcycle and riding gear as they are. Damage shows impact points and how the crash happened. Tell our team before any repair or disposal.

How the Claim Process Typically Works

A typical claim moves through five steps, from first review to resolution. Each step builds the record the claim needs.

1. Initial consultation. You share the crash facts, your injuries, and any papers you already have.
2. Investigation. The team requests the crash report, trucking records and insurance information.
3. Medical and damages review. Treatment status, future care needs and lost income are documented.
4. Demand and negotiation. The claim is presented to insurers. If a fair resolution is not reached, a lawsuit may be filed.
5. Resolution. The claim settles or goes to court. Any recovery is distributed after authorized fees and costs.

Timelines vary with the injuries, the number of parties, and whether the case goes to court. Under NMSA § 37-1-8, actions for an injury to the person or reputation of any person must be brought within three years. Starting early leaves more time to build the record.

Fees, Costs and What to Expect Financially

The firm offers a free, confidential initial consultation with no obligation to continue. Your written fee agreement explains the terms and your responsibility for costs. Review it carefully before you sign.

The firm may advance court costs and litigation expenses. Court costs and litigation expenses may be advanced by the firm, and if there is no recovery, you may still be responsible for court costs and the expenses of litigation, as your written agreement states.

Jurors assign each named person a percentage under UJI 13-2219 NMRA, but this instruction is to be used only when comparative negligence is an issue in the lawsuit, the court is submitting the case on a general verdict without special interrogatories, and there is an issue of apportionment of negligence among defendants or non-parties.

Why Work With El Gringo Law on a Motorcycle-Truck Crash

El Gringo Law represents people hurt in New Mexico crashes. Josh Wood is the responsible lawyer for this page, and he is licensed in New Mexico and Arizona.

• Our team handles car accidents, trucking accidents, wrongful death and catastrophic injury matters.
• We take motorcycle and truck cases from communities including Albuquerque, Rio Rancho, Santa Fe, Las Cruces, Taos and Farmington.
• We focus early on evidence, keep you updated in plain language, and explain each step before it happens.

Every case is different, and past results do not predict a similar outcome.

Frequently Asked Questions About Motorcycle-Truck Crash Claims