Large semi-trucks are a familiar sight on many roadways in and around the Albuquerque area. Whether you are driving along Interstate 40 or come across a negligent delivery driver on Coors Boulevard, getting involved in an accident with these large vehicles can cause severe injuries and even death. If you or a loved one has been injured or killed in an accident involving a truck, you may be entitled to receive compensation, and an Albuquerque truck accident lawyer can help.
At Garrett Law, we aren’t just another self-important law firm that’s only in it for the payday. We are a team of locals who have grown up right here in the city and know the legal landscape of this area like the back of our hands. For years, we have been fighting for folks just like you and are ready to turn our time and attention to obtain the justice and compensation you deserve.
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Accidents With Serious Consequences
Big trucks such as semitrucks, 18-wheelers, tractor-trailers and big rigs are among the most dangerous vehicles on the road. Though their drivers are trained, the sheer size of the vehicles means that if you are in a roadway accident with them, you can be severely injured. Common semitruck accidents involve things like rollovers, brake failures and more.
After an injury like that, you could be recovering in the hospital for some time, and therefore receiving bills, while possibly unable to work. At Garrett Law , we believe that you deserve compensation from the party at fault for the accident to cover these needs.
Common Accidents Involving Semi-Trucks
Most semi-trucks can weigh up to 80,000 pounds, depending on the cargo the vehicle is hauling. Because of this massive weight, an accident involving these vehicles can cause devastating property damage, physical injury, and even death. There are several kinds of truck accidents that can occur on the roadways in and around Albuquerque, including the following:
- Rollover accidents. When a large truck rolls over onto its roof or side, it can crush smaller vehicles around it or block the roadway, which can lead to multi-vehicle crashes. These accidents often happen due to speeding, poor truck maintenance, or other factors and can result in severe injuries like broken bones and spinal cord damage, and even death.
- Jackknife accidents. When the trailer of a semi-truck swings wide out of control, it can cause a jackknife accident. This can negatively impact other drivers on the roadway. Most often, these accidents are caused by improper braking or slick roadway conditions due to rain or ice. At Garrett Law, we can review your accident to determine fault when the accident includes a jackknife situation.
- Head-on collisions. The kind of accident that results in the most deaths or severe injuries is a head-on collision with a semi-truck. These can often happen due to distracted driving or equipment failures. When the front of your vehicle or your loved one’s vehicle impacts the front end of a semi-truck, you deserve justice and compensation for what you have lost; 29.9% of accidents include head-on collisions.
- Multi-vehicle crashes. When a trucking accident involves multiple parties, this can cause a complex situation when it comes to determining and proving liability. The attorneys at Garrett Law are here to review the situation and help determine if the trucking company, the cargo loaders, the truck driver, or a combination of these parties is to blame for the accident, or if another car driver is partially to blame.
- Rear-end accidents. When your vehicle makes impact with the back of a truck, you run the risk of slipping under the trailer and suffering severe injuries and even death. These accidents commonly occur when the truck driver is speeding and abruptly has to brake, and you are forced to brake swiftly as well.
If you or a loved one has been injured in any of these kinds of accidents involving a large truck, you deserve financial compensation for what you have been made to suffer. At Garrett Law, we are here to fight for you, no matter what circumstances are involved in your case. Let us sort through all the confusing legalities and help determine liability so that you can have the time and financial means necessary to rest and fully recover.
What to Do Following a Truck Accident in Albuquerque
The aftermath of a truck accident in Albuquerque can be a terrifying and confusing time. The actions you take during this critical time can make or break your future claim, so it is important that you take certain steps to ensure your safety and the safety of your case. These steps can include the following:
- Move to safety and call 911. If you are physically capable of doing so, you will want to move yourself to a place of safety off the roadway and call emergency medical services. Even if you do not feel physically hurt, it is vital that you get checked out by a medical professional who can determine if you are suffering any invisible injuries. It can also help your future claim.
- Ensure the police report to the scene. You will want to make sure that the police are made aware of the accident and report to the scene so that they might write up an official record of the accident.
- Exchange information. You will want to exchange information with the driver of the truck if possible, including their employer’s information, their driver’s license number, and their contact information.
- Collect evidence. If you are physically able, collect certain forms of evidence from the scene, such as photos and videos, and surveillance camera footage.
- Call an attorney. Lastly, it is crucial that you contact an attorney as soon as possible who can help you sort through exactly what occurred and can help determine liability.
Pursuing The Maximum Compensation Possible
We have helped countless clients recover compensation for their injuries. We know what to do to ensure your best chance at success. With a truck accident, you may have more than one party that can be held legally responsible such as:
- The driver. They can be held responsible for their own actions in driving the truck that was in the accident.
- The company, if the driver is an employee. If the driver is legally an employee and was working when the accident took place, then the company can also be held liable.
- The company, if the driver is a contractor. If the driver is only a contractor, you may still be able to hold the company responsible. It depends on how much supervision the company gave the driver.
The reason that it may be advantageous to identify more than one party at fault is that each party likely holds their own insurance policy, and you may be able to recover a larger amount of compensation. A skilled tractor-trailer accident attorney knows this and will be able to evaluate the situation for you so that you do not have to consider it.
New Mexico Truck Accidents Frequently Asked Questions
At Garrett Law, we believe in helping our clients find solutions and explore their options. The more each client knows about their case, the better. Considering these frequently asked questions.
How long do I have to file a truck accident claim in New Mexico?
In New Mexico, the statute of limitation is three years if you have suffered injuries or lost a loved one. If you wait longer, you will lose your right to make a claim forever.
What evidence is needed to prove liability in a truck accident?
All you need to show is that the other driver acted negligently – or was intentionally reckless – and caused the crash that led to your injuries and subsequent losses. Evidence can be found in police reports, witness statements, dashcam videos and pictures taken at the scene. A crash reconstruction team may also be involved, using tactics like analyzing skid marks to see when the driver hit their brakes and how fast they were traveling.
Can I still claim compensation if I was partially at fault?
Yes. New Mexico uses comparative negligence, and you can seek compensation for the percentage of the accident that was the other driver’s fault. For instance, if you were 15% at fault and they were 85% at fault, compensation is still possible – it just may be reduced to 85% of the total losses.
What are common defenses used by trucking companies and their insurers?
Trucking companies may try to dispute who was at fault. In a rear-end accident, for instance, they may claim that the other driver cut the truck off, rather than admitting the truck driver didn’t maintain a proper following distance. The company may also try to pay less than what is fair, without taking into account any long-term health care needs or a reduction in earning capacity.
FAQs
Q: What Can Cause a Trucking Accident?
A: There are several common causes of trucking accidents in New Mexico. These can include distractions, such as being lost in thought, which accounts for 66% of all distracted driving accidents, or using the cell phone, speeding, driving recklessly, driving while under the influence of drugs or alcohol, fatigued drivers, or poor truck maintenance.
Q: How to Prove Liability in a Personal Injury Claim?
A: In order to prove liability in a personal injury claim, such as in the case of a trucking accident, you and your attorney will need to demonstrate the existence of four things. First, that the liable party owed you a duty of care; second, that that duty was breached through an act of negligence, recklessness, or wrongdoing; third, that this breach of duty caused your accident and injuries; and fourth, that you suffered damages as a result.
Q: What Are the Most Common Injuries in a Truck Accident?
A: There are several different injuries that can happen in a trucking accident, depending on the severity of your accident. The most common injuries include broken bones and fractures, cuts, bruises and lacerations, sprains or strains, concussions, paralysis, neck and shoulder damage, whiplash, amputations, severe burns, head trauma, spinal cord damage, and even death.
Q: Why Hire a Truck Accident Lawyer?
A: You should hire a truck accident lawyer for several reasons. For one, it can be difficult to prove liability in these cases, and having an attorney on your side can help make this burden of proof much easier and manageable. Your attorney can also negotiate on your behalf and represent you in court should the need arise.
A Lawyer Can Protect Your Rights As A Victim
In any accident, it is important to contact an attorney right away. They will help you follow the right steps, as well as communicate with insurance companies to prevent damage to your case. To talk with one of our team members at Garrett Law, contact us online or call our Albuquerque office at 505-242-1920 today. The meeting will be free – we never charge any fees unless we win for you.
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