Commercial trucks are very common on the highways and roads of New Mexico. While the truck drivers are well-trained and have the proper license to drive the trucks, handling trucks in certain situations is still challenging. The trucks' size and weight can cause major accidents, even if there is a minor mistake.
Truck accidents can have devastating consequences, leaving victims with severe injuries and life-altering consequences. However, if someone's negligence caused the accident, the victim has the right to file a claim to recover damages.
If you have been injured in a truck accident, consulting a skilled lawyer by your side is essential. The dedicated Albuquerque truck accident lawyers at Caruso Law Offices have extensive experience dealing with truck accident cases and can guide you about your legal options.
Do Truck Accidents Differ from Other Vehicle Accidents?
Truck accidents are significantly different from other types of motor vehicle accidents because of the sheer size and weight of commercial trucks. A collision between a truck and other vehicles can cause severe damage and even fatalities.
Understanding the unique dynamics of truck accidents is crucial in determining liability and pursuing compensation for the injured party.
New Mexico has strict laws and regulations regarding commercial trucks, and all truck drivers need to follow them. These can include maintenance standards, driver qualifications, and service hours restrictions to prevent driver fatigue. If any truck driver neglects to follow these regulations, they can be held liable for an accident.
Is New Mexico an At-Fault State?
New Mexico is an at-fault state, meaning you have the right to file a claim against the negligent party and recover damages. However, it is important to note that if you are partially responsible for the accident, it will impact the outcome of the case.
Since proving liability can be challenging, consulting a New Mexico truck accident attorney is essential.
Common Causes of Truck Accidents
One of the major factors involved in proving liability is to determine the cause of the truck accident. The cause may vary depending on the unique circumstances around your case. However, some most common causes include:
Truck accidents happen due to other causes too. It is best to talk to an experienced lawyer to help you with the case.
Types of Truck Accidents
Truck accidents can happen in multiple ways depending on several factors and cause severe consequences for those involved. Here are some different types of truck accidents you can seek compensation for:
Rollover Accidents: Such accidents occur when a truck ends up rolling to its side, blocking multiple lanes. This accident typically happens when the truck makes a sudden turn, loose traction due to bad road conditions, or brakes too hard.
Rear-End Collisions: These accidents happen when the truck drivers are tailgating, speeding, or distracted. Due to the truck's large size, it is difficult to brake in time, which can result in colliding with other vehicles.
Jackknife Accidents: These accidents occur when the truck's trailer ends up swinging to one side when the truck drives forward. This can happen due to the truck driver's negligence or poor road conditions.
Wide Turn Accidents: Such accidents occur if the truck driver is unable to safely make a turn, resulting in a collision. This can also cause a rollover accident if the turn made is too quick.
Head-On Collisions: These accidents happen when the truck drivers lose control, are negligent, or drive recklessly and drift away from their lane. This can cause severe collisions and typically happen in intersections, stop signs, or red lights.
Common Injuries in Truck Accidents
Truck accidents can cause significant injuries because of the large weight and size of the vehicle. This means that the injuries can be severe and might be life-long. The most common injuries in most truck accidents include:
Amputation of legs, arms, feet, or hands
Broken bones
Burns, in case of a vehicle catching fire
Concussions
Deep abrasions, bruises, and cuts
Head injuries
Internal injuries
Neck and back injuries
Soft tissue injuries
Spinal cord Injuries
Sprained ligaments
Strained muscles
Traumatic Brain Injuries (TBI)
The severity of the injuries can help in determining the overall amount of compensation a victim may be entitled to. Severe injuries often lead to extensive medical bills, rehabilitation costs, lost wages, and other financial burdens. Moreover, victims may also experience emotional and psychological trauma due to the accident. The impact of the accident can lead to a decreased quality of life, chronic pain, and permanent disabilities.
Statute of Limitations for Truck Accident Cases
If you or a loved one has been injured in a truck accident, it is important to file a claim within two to four years from the day the accident happened, depending on the nature of the accident. Missing the statute of limitations means you won't be able to recover damages. The sooner you file the case against the negligent party, the smoother the process.
Amount of Compensation Granted in Truck Accident Claim
Based on the severity of the truck accident, the victim may be granted multiple types of non-economic and economic compensation. These may include:
Emotional distress
Loss of earning capability in case of permanent disability
Loss of enjoyment and quality of life
Lost income
Medical expenses
Pain and suffering
Property damage
Rehabilitation or ongoing treatment bills
Scarring or disfigurement
Punitive damages might also be rewarded in some cases, particularly if the negligent behavior was intentional or too reckless.
Consult an Experienced Albuquerque Truck Accident Lawyer Today
Truck accidents can result in grave injuries and even fatalities in extreme cases. It can be devastating for the loved ones of the victim to deal with such a challenging time. However, if the truck accident was caused due to someone's negligence, you have the right to file a truck accident case in New Mexico.
It is best to talk to a reliable lawyer to understand the complex legal process. The team at Caruso Law Offices is here to provide the guidance, support, and legal expertise you need during this difficult time. Our Albuquerque truck accident lawyers have extensive experience dealing with truck accident cases. We can thoroughly investigate your case and ensure you receive the compensation your rightfully deserve for the injuries and damages you sustained. Contact us right away!
Frequently Asked Questions
How does a truck accident attorney in Albuquerque determine fault in a truck accident?
Determining fault in a truck accident involves a thorough investigation of the accident scene, reviewing the police report, interviewing witnesses, analyzing driver logs and truck maintenance records, and, in some cases, consulting with accident reconstruction experts. An attorney will also consider state and federal trucking regulations to determine if any violations contributed to the accident.
Are there specific regulations that truck drivers and trucking companies must follow?
Yes, truck drivers and trucking companies are subject to federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover aspects like driver qualifications, hours of service, vehicle maintenance, and cargo loading. Violations of these regulations can be used as evidence of negligence in a truck accident claim. Consult an Albuquerque truck accident lawyer at Caruso Law Offices to discuss the specifics of your case.
What happens if the truck driver was from another state or the trucking company is based outside of New Mexico?
Trucking often involves interstate travel, so it's not uncommon for accidents to involve out-of-state entities. While the accident occurred in New Mexico, various factors will determine where a lawsuit can be filed, such as where the company is headquartered or where the truck was registered. An experienced New Mexico truck accident attorney at Caruso Law Offices will evaluate the best jurisdiction to file your claim to maximize your potential compensation.
How can I preserve evidence after a truck accident?
After ensuring safety and seeking medical attention, try to document the scene with photos and videos, if possible. Gather names and contact details of witnesses. Keep all medical records and bills, as well as any communication related to the accident. Avoid repairing your vehicle immediately, as it can serve as evidence. Most importantly, contact Caruso Law Offices and consult with a truck accident attorney in Albuquerque promptly, as they can help in preserving vital evidence like truck logbooks or black box data.
Why should I choose a specialized New Mexico truck accident lawyer instead of a general personal injury lawyer?
Truck accidents possess distinct intricacies that set them apart from conventional car accidents. At Caruso Law Offices, we understand these differences intimately. As seasoned truck accident lawyers in New Mexico, we are well-versed with both federal and state trucking regulations. Our team has deep insights into the practices of trucking companies and we're adept at pinpointing the common causes of truck accidents. This specialized expertise has enabled us to consistently produce results for our clients, ensuring that all potential avenues of compensation are thoroughly explored.
With our commitment to presenting your claim in the most compelling manner possible, you can trust Caruso Law Offices to stand by your side and advocate fiercely on your behalf. If you or a loved one has been impacted by a truck accident, don’t wait. Contact Caruso Law Offices today and let us champion your cause.
New Mexico Heavy-truck Crash Statistics: Truck accident statistics from the New Mexico Department of Transportation and the University of New Mexico 2014-2018.
I want to thank the Caruso Law Firm and all their kind, courteous staff! I couldn’t be more pleased with their service. I really appreciate all you have done to help my case.
C. Saller, Albuquerque
Mark Caruso handled mine and my husband’s case and did a great job. They handled it very fast and got us more than I could imagine.
R. Podril, Albuquerque
Caruso Law firm did a great job representing myself and Michael Zagone. Everything was explained in full detail to us. I would recommend your law firm to my friends.
D. Lange, Albuquerque
“The settlement in this accident was great.”
J. Zarate, Albuquerque
“I Jose Montoya thank Caruso Law Firm for handling my case well and got the best deal for me.”
J. Montoya, Albuquerque
“Caruso Law was awesome in helping me with this during my time of need. I recommend them to anyone.Thank you. ”
Pamela, M. Albuquerque
“I want to thank Caruso Law for helping to resolve our hit and run case. The driver’s insurance refused to even cover the cost of damage to our car. Once we went to Caruso they paid for the car. Caruso referred both myself and my injured fiancé to 1st Health where we both received medical care for back and neck injuries. They made the process simple, painless and no money came out of our pockets. To the people at Caruso, thanks for your help and service.”
M. Zagone, Albuquerque
“I, Maria Moncada am very pleased with my case that Caruso Law Offices helped me settle. Thank you for everything, and I hope to never need your services again, but if I do I’ll be sure to come back. Thanks!”
M. Moncada, Albuquerque
“My experience with Caruso Law Offices has been nothing but positive. Everyone is so friendly and helpful. It was nice to be able to stay informed about my case and also get call backs when I called. Thank you all very much for the hard work!”
M. Lucero, Albuquerque
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Nothing can financially and emotionally prepare us for the injuries and suffering after a severe accident. Feeling overwhelmed, confused, and powerless in such a situation is normal, particularly if you are undergoing treatment.
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