A New Mexico man from Clayton was killed in an accident in Dumas Texas when a tractor-trailer veered into his lane on Highway 87 in Moore County. The fatal semi-truck accident highlights an important issue in New Mexico wrongful death claims. There are two issues that require exploration such accidents one being the liability insurance and the other being uninsured motorist coverage. Each such focus requires a distinct analysis of law whether Texas or New Mexico law applies.
Uninsured motorist law arises from contract disputes and as a result, and wrongful death car accident claims, the law of the location of the contract was entered into takes precedent. In simple liability claims, the law from the location of the accident takes center stage. In such claims, it is oftentimes important to consider both jurisdictions to ensure thorough representation and a maximum recovery.
Personal injury attorneys handling wrongful death cases must be prepared to explore all areas of law whether local or out-of-state to ensure the highest possible recovery for their clients.
