When a fire truck is involved in a New Mexico truck accident, several issues can arise that may not be present in other accidents involving large commercial trucks. The most common issue that arises in any New Mexico truck accident involving a fire truck or other government agency is whether the government is entitled to official immunity.
Historically, the New Mexico government enjoyed official, or sovereign, immunity. State lawmakers did away with this general grant of immunity when they enacted the New Mexico Tort Claims Act (NMTCA). The NMTCA replaced much of the immunity the state and local governments enjoy, but it also established specific areas in which that immunity is waived. Thus, if an accident victim can establish that the government has waived official immunity, the case will proceed to trial, as would be the case if any other defendant was named in the case.
Of course, there are certain procedural requirements that a New Mexico accident victim must follow when filing a case against a state or local government. For example, an accident victim must file a claim, noting the time, place, and circumstances of the injury, with the agency they claim is responsible for their injuries within 90 days of the date of the incident.