Like any major metropolitan area, Albuquerque sees a lot of commercial truck traffic on an average day. No matter where they come from or where they are going, commercial truck drivers have a vital duty of care, requiring them to act safely and lawfully behind the wheel. When they fail to abide by that duty, the results are often catastrophic for everyone involved.
Taking legal action in the wake of a traumatic traffic accident involving a tractor-trailer can understandably be a lot to handle on your own, which is why it can be so important to seek a skilled personal injury attorney’s help with this sort of case. From start to finish of the legal process, your Albuquerque truck accident lawyer could work tirelessly to help you hold the right people accountable for the injuries you have sustained and recover comprehensive compensation for your crash-related losses.
Truck accidents are often caused by negligence on the part of the truck driver. This negligence can take a wide range of dangerous forms. The most common, however, include distraction, impairment, failure to follow the rules of the road, exhaustion, excess speed, and aggression.
Truck accidents generally fall into basic categories like the following:
After a truck accident, an Albuquerque attorney could determine the cause and hold a negligent trucker accountable.
The impact of truck accidents is so immense that victims can suffer virtually any kind of life-threatening injury. This includes catastrophic injuries like paralysis, traumatic brain injuries, organ damage, limb loss, severe burns, and disfigurement. Complicated bone fractures, soft tissue injuries, and spinal cord injuries other than paralysis are also common.
In a successful truck accident claim, you can seek compensation for your full range of losses. This includes property damage to your car and its contents, along with each of the following forms of loss:
An attorney in Albuquerque could account for all losses in a truck accident claim.
Our Albuquerque attorneys understand trucking laws and could apply them to your case.
New Mexico employs what is called comparative negligence in personal injury claims, including truck accident claims. This means that, even if you share fault for the accident, you can pursue compensation for the percentage of your losses the trucker caused.
For example, if you were speeding at the time of the accident and are assigned 20 percent of the liability as a result, your settlement or court award will be reduced accordingly. If your claim is worth $100,000, it will be reduced by $20,000 – or 20 percent – which leaves $80,000 remaining.
Like other states, New Mexico imposes a statute of limitations for truck accident cases. This refers to the time limit for filing a lawsuit against the at-fault party. In New Mexico, you have three years from the date of the truck accident that caused you to be injured to initiate a lawsuit.
There are several key steps you should take in protection of your health and your rightful compensation in the wake of a truck accident, including:
While some crashes involving commercial trucks stem from negligence by a third party, such as a mechanic, a vehicle manufacturer, or another driver on the road, the person most likely to be at fault for a truck crash in legal terms is the person driving the truck. However, even if a specific reckless or careless act by a trucker is the sole cause of an otherwise preventable wreck, that trucker may not be the only person who holds civil liability for injuries stemming from the wreck.
Under the legal doctrine of respondeat superior, companies hold vicarious liability for harm caused by one of their employees acting negligently while performing job-related duties or otherwise serving the company’s business interests. It is often possible to name a trucking company as a co-defendant in a lawsuit over a truck crash in Albuquerque, which a capable attorney could provide crucial assistance with.
Compelling a truck driver—let alone a major trucking company—to pay for thousands or even millions of dollars in damages after a traffic accident is rarely simple or straightforward. Depending on the circumstances leading up to the accident and what kinds of losses it caused, an injured person may need to support their claim with various kinds of evidence from numerous different sources, including things like:
Support from a knowledgeable truck wreck lawyer in Albuquerque can be key to efficiently collecting, preserving, and utilizing all available evidence after this sort of incident.
Even when compared to other types of auto accidents, crashes involving semi-trucks and other commercial vehicles tend to have especially serious consequences. On top of that, you may have more trouble than you expect trying to file suit over a wreck like this if you try to enforce your right to civil recovery alone. Trucking companies and their insurance providers will always protect their own bottom lines at your expense.
Getting help from a knowledgeable Albuquerque truck accident lawyer can be essential to evening the odds in situations like this and pursuing the compensation you need. Call today for an initial consultation with our experienced legal team.
