What is Liability in a Trucking Accident under New Mexico Law?


June 12, 2021

 by Caruso Law Offices, P.C. | 

Understanding Liability from Our Albuquerque Trucking Accident Lawyer: What is Liability in a Trucking Accident?

If you have been involved in a motor vehicle accident with a trucking accident, you have legal options under New Mexico law. Your legal options vary depending on many factors. This includes the amount of property damages or injuries you may have sustained. In order to recover compensation for your damages or injuries, you will need to prove liability in a trucking accident case under New Mexico law. This may be easy to do when you were involved in a fender bender with minimal property damage and no physical harm because an insurance company is likely to fairly pay your claim.

Unfortunately, this is not usually the case if there are extensive property and personal injuries. Insurance companies and adjusters are a lot less likely to fairly pay out a claim when a victim has been catastrophically or permanently disabled. This is also more likely to occur than a fender bender because trucks generate considerable momentum in an impact. This means that many victims will have to establish liability under New Mexico law.

While victims and their families may think that they can prove liability on their own, this is not usually the best option. Insurance companies and defense lawyers prey on victims of serious personal injury accidents who try to handle their own claims. They will use borderline unethical tactics to get victims to admit to unsavory and often conjured facts. Insurance companies and adjusters may even try to get victims to admit fault in a crash—even if it was obviously the truck driver’s mistake.

This is not fair. If you have been involved in a trucking accident, let our experienced Albuquerque trucking accident lawyer at the Caruso Law Offices, P.C. prove liability in a trucking accident under New Mexico law for you. This can be tricky and requires victims and their families to know both the law and medicine regarding their claim.

Focus on healing while we focus on proving your case by establishing liability against all possible parties. This can include the following:

Truck Accident Liability

Accidents involving semi-tractor trailers occur all too often and often yield catastrophic results. While it may be natural to think that the person driving the truck that caused the accident would be at fault, it is not always that simple. In fact, there are many different parties that could be responsible for the accident. This is why if you or your loved one were injured or killed in a trucking accident, it is important for you to speak with an experienced truck accident lawyer who can help you to navigate the complexities of determining who was at fault to help you gain maximum compensation.

Driver of the Truck

This is who people often think of first when the truck involved in an accident was at fault. Drivers are responsible for ensuring their cargo is secured safely, and are supposed to adhere to federal guidelines that ensure that they are not driving more than the maximum amount of hours per week, nor are they driving fatigued. If truck drivers fail to follow any of these regulations and an accident occurs due to these violations, they can be considered liable.

Trucking Company

The trucking company can be held liable if accidents involving one of their vehicles is due to an inexperienced driver, hours of service violations, or drivers who do not have the proper qualifications to operate the truck in a safe manner. Additionally, if trucks are not maintained as they should and if employees are not appropriately monitored (i.e. drug and alcohol testing), this can also result in the trucking company assuming liability.

Manufacturers of Vehicles and Parts

If an accident is caused by a defective part (i.e. brakes or transmission) and it was not known by the trucking company that the truck had a defective part, the vehicle and part manufacturer can be held responsible. Defective parts can be incredibly dangerous as they can cause the driver to lose control of the vehicle (i.e. if the brake stops working).

Cargo Truck Loading Companies

Some trucking companies choose to outsource the loading of cargo onto the trucks prior to delivery. It is the responsibility of these companies to ensure that the cargo is securely loaded onto the truck in order to allow for safe delivery of the cargo. Additionally, these loading companies are responsible for ensuring that the trailer is balanced as an imbalanced trailer can result in a tractor trailer tip over. Failure to properly perform these duties which then leads to an accident may result in liability being placed on the cargo truck loading companies.

Injured in a New Mexico Trucking Accident? Let Us Help

The Caruso Law Offices, P.C. has a proven track record of success handling trucking accident cases throughout New Mexico. We have developed a reputation for being a fierce and loyal advocate for our clients against some of the largest trucking companies in the United States. Call our lawyers for a FREE consultation by dialing (505) 273-2978 for your consultation.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 273-2978 or contact us through our website’s easy to use and convenient contact box available here.

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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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