Albuquerque Truck Accident Lawyer


Commercial trucks are very common on the highways and roads of Albuquerque and throughout the state 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 Albuquerque truck accident lawyer is essential. Each dedicated Albuquerque personal injury attorney at Caruso Law Offices has extensive experience dealing with truck accident cases and can guide you about your legal options.

Call our Albuquerque law firm today for a free case evaluation. We can help you through the claims process and begin strategizing the best way forward toward full financial compensation – (505) 883-5000.

Why Choose Our Albuquerque Truck Accident Attorney?

 

Truck accident claims deal with powerful trucking companies and their large insurers who commonly protect profits at the injury victim’s expense. This type of claim requires an in-depth understanding of New Mexico’s insurance laws.

Our team exclusively represents accident victims harmed in traffic accidents due to careless or reckless actions by an at-fault driver or other liable party.

Our firm offers significant advantages including:

Experience

For over two decades, Caruso Law Offices has focused exclusively on personal injury law, representing clients injured in traffic accidents, including commercial truck accidents. We also handle cases involving accidents in the Permian Basin and Amazon delivery accidents in New Mexico.

Our team spends each day immersed in New Mexico traffic law and insurance policies. Our track record shows that no one understands the system better than we do. We are the law office with the power to win. We prioritize developing a strong attorney-client relationship to better serve our clients.

Knowledge

Some of our attorneys, including our Albuquerque car accident attorneys, previously worked on the other side, representing insurance companies. Their unique knowledge and insights help us formulate the best strategy for each unique case.

We also have highly qualified expert witnesses on call, from medical experts to explain the implications of your injury to mechanical experts who can describe how a failed truck part caused an accident. Their knowledge and insights benefit your truck accident case.

What Our Clients Have to Say

The lawyers were knowledgeable, empathetic, and proactive…

– Catherine G.

Read More Client Testimonials Here 

Do Truck Accidents Differ from Other Passenger Vehicle Accidents?

Truck accidents, such as semi 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 passenger vehicles can cause severe damage and even fatalities.

Understanding the unique dynamics of trucking 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 truck driver fatigue. If any truck driver neglects to follow these regulations, they can be held liable for a trucking accident.

How Long Do I Have to File a Truck Accident Claim in Albuquerque?

There is a time limit to filing an truck accident claim in Albuquerque. Under N.M. Stat. § 37-1-8, you must file a claim within three years from the accident date to recover compensation for personal injuries.

While there might be nuances with this, talking with an Albuquerque truck accident attorney about your case will confirm if you can file and when you need to bring forth a case by.

Types of Potential Compensation Granted in a 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.

Proving Liability in an Albuquerque Truck Accident

The law requires the injury victim to prove the at-fault party’s liability for an accident through a preponderance of the evidence. Proving liability in a truck accident case requires first identifying the correct liable party and then documenting compelling evidence of their negligence. This requires demonstrating the following legal points of liability:

  • The at-fault party owed a duty of care to take all reasonable actions to avoid causing injury to others
  • They breached this duty through an act of negligence
  • Their negligent breach of duty directly caused the truck accident and injuries
  • The injury victim suffered substantial economic and non-economic damages from the injuries

Liability for accidents is based on the premise that we all owe a general duty of care to prevent causing harm to others.

Who Is Liable for a Truck Accident?

Truck accident claims require a more intensive investigation than most traffic accidents because multiple parties could bear liability for the accident. It’s essential to correctly identify the liable party before filing a claim or taking a case to court. Possible parties liable for truck accidents in Albuquerque include:

  • The driver if they are an independent contractor
  • The trucking company if the driver was an employee
  • A negligent freight loading company that caused an accident through an unbalanced or unsecured load
  • A negligent truck maintenance company
  • The manufacturer of a faulty truck or trailer part

Less commonly, an investigation could reveal a negligent road maintenance crew or a third-party driver as the at-fault party liable for damages for a truck accident victims.

Understanding Liability and Comparison Negligence Laws in New Mexico

Once the correct party is identified as liable, the insurance company investigates the claim to determine the amount they’ll pay out on damages. Often, they attempt to assign an undue percentage of fault to the injury victim to lower the amount they have to pay on the claim.

New Mexico’s pure comparative negligence laws, under N.M. Stat. § 41-3A-1, state the following:

“Any defendant who establishes that the fault of another is a proximate cause of a plaintiff’s injury shall be liable only for that portion of the total dollar amount awarded as damages to the plaintiff that is equal to the ratio of such defendant’s fault to the total fault…”

In other words, if the insurance adjuster attributes 25% of the fault in an accident on the injury victim because they were exceeding the speed limit in an intersection and 75% of the fault to the truck driver who crossed the intersection after the light turned red, they can reduce $100,000 in damages to a $75,000 payout.

An experienced Albuquerque truck accident attorney anticipates these tactics and protects clients by using available evidence to prove the other party’s liability and minimize any contributory fault assigned to the victim.

Contact Our Albuquerque Truck Accident Lawyer Today

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 an Albuquerque truck accident attorney is essential.

Do I Have to Go to Court for a Commercial Truck Accident in Albuquerque?

Over 95% of personal injury claims are resolved through a settlement, especially when the injury victim’s attorney documents plentiful evidence and sends a compelling demand letter to the insurance company of the at-fault party. Negotiations and mediation typically result in ample compensation through a settlement so the victim never has to go to court.

Only in cases of a wrongful denial or substantial undervaluing of compensation does the case proceed to a lawsuit as long as the case goes to court before the statute of limitations for personal injury lawsuits expires. If your case goes to court, your Albuquerque truck crash attorney from Caruso Law Offices will protect your best interests and argue aggressively for just compensation.

Court cases are more complex and time-consuming but they often result in a higher amount of compensation than a settlement. Although financial compensation doesn’t undo an injury or erase pain, it helps injury victims receive the best possible medical care with fewer financial worries. It also helps injury victims achieve a sense of justice for the harm caused to them.

Startling Truck Accident Statistics

The National Safety Council (NHC) defines large trucks as medium to heavy commercial vehicles with the exception of buses and RVs.

  • In 2021, 117,300 large trucks were involved in accidents with injuries
  • 5,788 fatalities occurred in truck accidents in 2021, a 17% increase over 2020
  • Large trucks make up only five percent of vehicles on the roadways but account for nine percent of all fatal accidents
  • There were 5,700 commercial truck accidents with fatalities in 2021
  • Truck accident fatalities have risen almost 50% in the last decade

Data shows that 72% of truck accident deaths are fatalities in other involved vehicles rather than the truck driver. 11% of truck accident deaths are pedestrians and bicyclists. If your loved one suffered a fatality in a truck accident and you want to pursue a negligent death claim in Albuquerque, reach out to our wrongful death attorney to review your case.

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:

  • Brake defects
  • Distracted driving
  • Driving under the influence
  • Drowsy driving
  • Improper truck maintenance
  • Poorly secured loads
  • Roadway defects
  • Speeding or reckless driving
  • Traffic congestion

Truck accidents happen due to other causes too. Many of these causes could be prevented with the proper safety measures in place. It is best to talk to an experienced Albuquerque truck accident lawyer to help you with the case.

Different 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. If you or your loved one suffered a brain injury in a truck accident, our Albuquerque brain injury lawyers can help you pursue to legal compensation you deserve.

Moreover, truck accident 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.

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 Albuquerque, 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 by filling out our online form or calling us at (505) 883-5000.

 

Frequently Asked Questions About Truck Accidents in Albuquerque

 

Frequently Asked Questions

How Do Truck Accident Attorneys in Albuquerque Determine Fault in a Truck Accident?

Determining fault in a New Mexico 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 Albuquerque truck accident 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 Albuquerque 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 Albuquerque 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 Albuquerque 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.

Additional Resources in Albuquerque

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