Trucking Accident Overview

A Trucking Accident Overview for Victims of Neglegence

While all motor vehicle accidents may cause serious personal injury, big rig collisions are significantly more likely to result in catastrophic injury or wrongful death.  This is because trucks like a tractor trailer, semi truck, 18 wheeler, and other commercial vehicles have more force behind them because they are larger and heavier than passenger vehicles.  When these large commercial trucks are driving on a highway or interstate like I-40, I-25, or I-10, they are more difficult to stop and have even more momentum behind them.

As a result, New Mexico trucking accidents involving these large commercial trucks are more likely to cause devastating, permanent, and debilitating personal injuries to occupants in other vehicles.  These injuries may include spinal cord injuries, traumatic brain injuries (TBIs), paralysis (paraplegia or quadriplegia), or amputations.  In many instances, serious trucking accidents also result in the wrongful death of an innocent person.

Victims and their families are often confronted with staggering medical bills, property damage repairs, significant injuries, and sometimes the loss of a loved one.  Learn about your rights if your New Mexico trucking accident was caused by the reckless conduct of a truck driver or trucking company.

Photo capturing a scene in an Albuquerque, NM truck stop restaurant area where truck drivers are seated at tables. Outside the large windows, a clear view of parked trucks is visible, indicating the proximity of the truck stop parking lot. The setting inside is relaxed, with drivers engaged in conversations and taking a break.

Proving Liability: Holding a Truck Driver or Trucking Company Responsible

When you are injured in a big rig collision, you have rights that you need to protect.  This is particularly true because your medical bills will grow quickly but you may be unable to return to work due to your injuries.  Some victims may never be able to return to work again.  In order to recover compensation for their pain and suffering, medical bills, lost wages, and inability to work, many victims may need to bring a trucking accident lawsuit.

Negligent of a truck driver  – A trucking accident lawsuit is a type of personal injury action is based on the reckless, wrongful, and otherwise negligent acts of a truck driver.  To be successful in a negligence lawsuit, a victim will have to establish that the truck driver or trucking company failed to exercise reasonable care in the use and operation of his or her truck.  Some examples of when a truck driver fails to use reasonable care includes the following:

  • Speeding
  • Failing to yield;
  • Running a red light;
  • Driving while fatigued;
  • Using a cell phone while driving;
  • Improper lane changes; and
  • Drunk or drugged driving.

Using Statutory Violations Against a Truck Driver – In addition, if the truck driver has violated a statute he or she may be found to be negligent per se.  This is an automatic finding of negligence when a victim is injured by the violation of a statute meant to protect the victim from that harm.  If the violation is of a federal regulation, like those from the Federal Motor Carrier Safety Administration, the violation is evidence of negligence which can be used against the truck driver or trucking company.

Holding the Trucking Company Responsible for their Truck Driver – A victim may also hold the trucking company negligent for the reckless acts of its employees which occur within the scope of employment.  This means that a trucking accident caused by a truck driver will also mean the trucking company is negligent.  A trucking company may also be negligent for improperly hiring an unqualified driver, failing to properly train the driver, or providing faulty equipment.

Recovering Compensation for Injuries Caused by New Mexico Trucking Accidents

Victims who can prove the negligence of a truck driver or trucking company in a personal injury lawsuit may be entitled to compensation for their damages.  Economic damages are the victim’s countable damages such as medical bills, property damage, and lost wages or earnings from work.  Non-economic damages are for a victim’s pain and suffering caused by the semi truck wreck.  This include the actual injuries such as traumatic brain injuries, amputations, spinal cord injuries, broken bones, disfigurement, and paralysis.

Where a tractor trailer crash has caused a wrongful death, the victim’s family may pursue a claim for lost earnings they depended on from their loved one, conscious pain and suffering, loss of services/companionship, and sometimes punitive damages.

After a New Mexico Truck Accident Causing Serious Injury, Call Our Albuquerque Lawyer

Even though most personal injury law firms will claim they represent victims and their families in trucking accidents, very few have the extensive experience that the NM Truck Accident Attorneys has in handling catastrophic truck crashes in New Mexico.  Our firm has placed a strong focus on representing victims of trucking crashes and we have a proven track record of success handling serious and fatal trucking crash cases against some of the largest trucking companies in the United States.  Call us today for a FREE consultation and learn how we can help you overcome this obstacle together by dialing 505-369-1495 to schedule an appointment.


  • 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
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    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.

Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

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