Albuquerque Truck Accident Lawyer

Commercial trucks are a common sight on the roads and highways in New Mexico. The massive size and weight of commercial trucks make them difficult to maneuver or stop when traveling at high speeds. When they are not driven in a careful manner, it can lead to a devastating accident that often results in severe injuries, significant property damage, and complicated legal battles. If you were injured in an accident involving a commercial truck, you should explore your potential legal claims with the aid of an Albuquerque truck accident lawyer.

It is important to understand how truly critical a truck accident lawyer can be in navigating the aftermath of a collision. They can provide support with tasks such as negotiating with insurance companies to help you reach a fair settlement while advocating for your interests. At the Branch Law Firm, our Albuquerque truck accident lawyers can zealously pursue any damages that you may be owed to help you repair the harm caused by an accident.

Truck accidents are among the most devastating and complex types of vehicular collisions.  In such high-stakes situations, having legal support at your side can make all the difference in achieving a favorable outcome and ensuring that you receive the justice and compensation you deserve. Our legal team is professional and communicative while working hard for all our clients. We can advocate for your rights on your behalf. Our firm understands the toll of truck accidents, so we are here to assist you.

Why Hire an Albuquerque Truck Accident Attorney?

Pursuing an accident claim against a trucking company can be intimidating. Trucking companies and their insurance companies have powerful teams of attorneys representing their best interests. If you attempt to fight them alone, it can result in a lower settlement that is not enough to cover your losses fully. 

Additionally, cases involving large truck accidents can quickly become complicated. To be successful, they require knowledge of both the legal process and various state and federal laws and regulations that commercial vehicles are subject to. For example, commercial driver’s license, driver training, and vehicle maintenance requirements, as well as hours of service regulations. 

An experienced lawyer will also have the resources to investigate and determine which parties are liable, such as the truck driver, the trucking company, the vehicle’s manufacturer, or government entities. Some trucking companies may quickly destroy evidence of liability that you need for a chance at a fair settlement. Contacting an experienced truck accident lawyer as soon as possible so they can investigate and preserve critical evidence will be crucial to your claim.

What Does a Truck Accident Attorney Do? 

An Albuquerque truck accident lawyer is a valuable asset when dealing with a truck accident claim. Their experience with truck accident cases allows them to give guidance and representation that is essential during the entire claims process. A lawyer will help you build a successful case and handle every aspect of the claims process. That includes: 

• Gathering and organizing evidence from the crash scene, such as photographs, videos, skid mark measurements, positions of the vehicles, an inspection of the truck’s brake pads and other vehicle components, police reports, video surveillance from traffic cams or businesses, eyewitness statements, and more to build a strong case. They may consult a variety of professionals, such as accident reconstructionists or those in the medical field, to support their client’s claims and provide credible testimony.
• Ensuring that you are evaluated by a trusted medical professional who can assess the full extent of your injuries, even if you don’t have any visible wounds. Injuries that are not immediately prominent can sometimes be the most concerning.
• Obtaining all records related to the truck driver and trucking company, the driver’s logbook, truck’s black box, maintenance logs of the truck, driver’s training history, results from alcohol or drug tests, etc. to determine liability for the crash.
• Negotiating with every party involved to reach a settlement to ensure all your accident-related expenses are covered. This is an important step in the claims process. 

Key Ways That a Truck Accident Lawyer Offers Support to Clients

A truck accident lawyer provides crucial support to clients in several key ways, ensuring that they receive fair compensation while effectively navigating the complexities of their case. Below are some of the primary ways that a truck accident lawyer can offer support to clients:

• Trustworthy legal advice. A lawyer explains their client’s rights and legal options, helping them make informed decisions throughout the process. They can assess the merits of your case, including the strength of your claim and the level of potential compensation.
• Handling insurance companies. Lawyers handle all communications with insurance companies, reducing the risk of miscommunications or admissions of fault. They are skilled in countering lowball offers and ensuring that you receive appropriate compensation. They can negotiate with insurance companies on their client’s behalf to secure a fair settlement.
• Assessing and calculating damages. Lawyers work to assess all aspects of their client’s damages, including medical expenses, lost wages, property damage, and pain and suffering. They consider future medical expenses and long-term impacts on their client’s earning capacity, ensuring that all potential damages are accounted for.
• Managing legal procedures. They handle the paperwork and procedural requirements for filing insurance claims, ensuring that all deadlines are met. They can develop a legal strategy that is tailored to the specifics of their client’s case. An attorney can also determine whether to settle or proceed to court. They are familiar with trucking regulations and laws, which helps them build a claim that is based on the strongest legal standards.
• Court representation. If a fair settlement cannot be agreed upon, a lawyer represents their clients in court, presenting evidence and effectively advocating for their rights. They craft persuasive arguments and counter the defenses put forth by the opposing party.
• Emotional and practical support. Lawyers offer support and reassurance during a stressful time, helping you understand the process and alleviating some of the burdens it entails. They may also provide referrals to medical specialists, therapists, or other professionals who can assist with your recovery.

Overall, a truck accident lawyer can have a pivotal role in navigating the complexities of a truck accident claim, offering quality support, and advocating for their client’s ideal interests throughout the legal process. During your initial consultation, you can discuss the details of your case and also ask questions to ensure that you are comfortable with their pathway forward in your case.

Common Causes of Trucking Accidents

Commercial truck drivers are generally compensated by the number of miles that they drive. Therefore, some truck drivers drive at excessive speeds and drive for many consecutive hours to maximize their earnings. Frequently, truck drivers who drive for an extended period become fatigued and fall asleep at the wheel or suffer a delay in reaction time, which can lead to collisions. Other truck accidents arise out of a driver’s failure to check his or her blind spots prior to changing lanes. Unlike standard vehicles, commercial trucks have many blind spots, some of which run the length of the trailer, making it difficult to ensure that the path is clear to change lanes.

To help prevent truck accidents, the Federal Motor Carrier Safety Administration has set forth regulations regarding the safe operation of commercial trucks. For example, there are limitations regarding the number of hours that a person can drive a truck per day and per week, qualifications that drivers must meet to operate trucks, and requirements regarding pre-trip and post-trip inspections and truck maintenance. Truck drivers and trucking companies are required to comply with the FMCSA regulations. An Albuquerque truck accident attorney in New Mexico can investigate a collision for evidence of an underlying violation.

Types of Compensation Available in a Trucking Accident

Understanding compensation in a truck accident involves knowing the different types of damages you might be entitled to and how they are calculated. If you are a victim of a truck accident, you have the right to pursue compensation from the liable parties for:

• Medical Bills: You can potentially be awarded compensation to cover costs for Current and future medical care and any other related expenses (e.g., hospitalizations, surgeries, prescription medications, rehabilitation, in-home care, etc.).
• Lost Wages: This can include compensation for both Current lost income, due to taking time off work while you recover from your injuries, and future lost wages if you are unable to work for a long period.
• Pain and Suffering: Compensation for Physical pain and suffering, emotional distress, loss of enjoyment of life, etc. This is often calculated based on the severity of the pain and suffering as well as its duration. 
• Diminished Earning Capacity: If your injuries have permanently impacted your ability to work or forced you to take a different type of job. 
• Property Damage: You can be reimbursed for the repair or replacement of your vehicle and any other personal belongings damaged in the crash.
• Loss of Consortium: You can also claim compensation for the impact that the injuries have on your relationships and quality of life, including how they affect your relationship with your spouse or family.
• Punitive Damages: This type of compensation is only awarded in cases where the at-fault party, such as the truck driver or trucking company, exhibited extreme carelessness or deplorable behavior. Punitive damages are typically given to punish the wrongdoer and deter similar conduct in the future.

There are several factors that can affect compensation, including the severity of the injuries, liability, insurance coverage, and state laws. More severe injuries typically lead to higher compensation due to increased medical costs and a greater impact on your life.

Determining who is at fault can affect the amount of compensation. New Mexico follows a pure comparative negligence system that reduces your compensation based on your percentage of fault. For example, if you are awarded $100,000 and found 30 percent responsible for your truck accident, you will receive only 70 percent of your award or $70,000. Truck accidents often involve multiple parties, including the truck driver, trucking company, and other entities. 

The amount of available insurance coverage can impact the compensation you receive. Trucking companies often carry higher insurance limits, but the actual payout depends on the specifics of the policy and the negotiations. State laws and regulations can influence the types and amounts of compensation available. Understanding local laws is crucial for assessing your potential recovery.

Compensation is calculated by looking at the economic and non-economic damages that the victim suffered. Economic damages are quantifiable costs such as medical bills and lost wages. They are calculated based on actual expenses and documented losses. Non-economic damages are subjective and include pain and suffering as well as emotional distress. They are often calculated using methods like the multiplier approach or the per diem approach.

Understanding key aspects of compensation can help you better navigate the claims process and receive the full and fair compensation you deserve following a truck accident.

Pursuing Damages Following a Trucking Accident

Regardless of the specific actions that led to a truck accident, the root cause of most truck accidents is negligence. Thus, most lawsuits arising out of truck accidents set forth a negligence claim. Under New Mexico law, a plaintiff alleging negligence must establish a duty owed by the defendant and a breach of the duty. The duty owed is generally based on the reasonable person standard, which is the care that an ordinary, reasonable person would use under similar circumstances. Once a breach is established, the plaintiff must show that the breach proximately caused his or her harm. In other words, the plaintiff must show that the breach produced his or her injuries and that the injuries would not have occurred without the breach.

In cases in which a defendant violated a statute or regulation that was enacted to protect people from harm, such as one of the FMCSA regulations, the plaintiff may be able to establish that the defendant was negligent as a matter of law, or negligent per se. To do so, the plaintiff and their New Mexico trucking accident attorney must show that the plaintiff is a member of the class that the regulation was enacted to protect, and that the plaintiff suffered the type of harm that the regulation was intended to prevent.

In many instances, a plaintiff injured in a truck accident will be able to pursue claims against both an individual truck driver and a trucking company. This usually requires showing that the driver was working for the trucking company at the time of the accident, which means that the company is indirectly liable for the driver’s negligence. Sometimes a trucking company may be directly liable for its own negligence if it violated regulations or failed to properly train or supervise a driver.

FAQs

How Much Are Most Truck Accident Settlements?

Most truck accident settlements vary depending on the specific details of each accident, including the extent of the injuries and damages, insurance coverage for both parties, the effectiveness of legal representation, and more. It is vital to consult a truck accident lawyer, as they can provide a more accurate estimate based on the individual circumstances of your case.

What Is a Trucking Settlement?

A trucking settlement is a financial agreement reached between the parties involved in a truck accident, often resolving claims related to injuries, property damage, and other losses. This settlement is typically negotiated between the injured party, or their insurance company, and the trucking company’s insurance provider or legal representatives. Types of compensation can include property damage, lost wages, medical expenses, pain and suffering, and future damages.

Can I Negotiate a Settlement for a Truck Accident?

Yes, you can negotiate a settlement for a truck accident, and it’s often a crucial part of resolving your claim. Based on your damages and evidence, it is vital to determine a fair settlement amount that includes both tangible losses and intangible losses. If you receive a low offer from the insurance provider, you can counteroffer with the settlement amount that you believe is fair. If they refuse, you can take the case to court and fight for a just amount.

Am I Legally Required to Use a Lawyer for a Truck Accident?

No, you are not legally required to use a lawyer for a truck accident in Albuquerque, NM. However, having legal representation can be highly beneficial, especially in complex cases. Legal and regulatory complexities can make these cases challenging to handle without professional help. While you can manage your claim independently, especially for minor accidents with straightforward damages, having legal representation can significantly enhance your chances of a favorable outcome.

What Do I Do After a Truck Accident?

What you should do after a truck accident is first ensure that you and other passengers are safe. If anyone is injured, call emergency services immediately. It is also vital to report the accident to the police. Exchange contact information with other parties, including:

• Names
• Addresses
• Phone numbers
• Driver’s license numbers
• Insurance policy details

Report the incident to your insurance company as soon as possible, and consult a trusted truck accident lawyer to get support and advice.

Retain an Experienced Personal Injury Attorney

Trucking accidents frequently cause catastrophic injuries. Navigating a truck accident can also be an overwhelming experience, with emotional trauma, financial burdens, and the physical injuries that your body goes through. In such challenging times, the support of a truck accident lawyer can be vital. From managing complex negotiations with insurance companies to ensuring that all aspects of your case are thoroughly addressed, a skilled attorney is crucial for securing fair compensation and alleviating the stress of legal proceedings.

If you or a loved one suffered harm due to a trucking accident, it is in your best interest to retain an attorney to assist you in seeking compensation from the parties at fault for your injuries. Serving victims throughout New Mexico, our Albuquerque personal injury attorneys at the Branch Law Firm possess the skills and resources needed to help you seek a successful outcome.

We can leverage our legal knowledge and experience to enhance your chances of a successful resolution while giving you the peace and confidence that comes with having your case managed by a seasoned law firm. We assist people in lawsuits arising out of truck accidents near cities such as Albuquerque, Las Cruces, Roswell, Clovis, Hobbs, Los Alamos, Rio Rancho, Alamogordo, Las Vegas, Santa Fe, Carlsbad, Taos, Farmington, and Los Lunas.

You can reach out to us by calling (505) 243-3500 or using our online form to set up a free consultation. Learn how an Albuquerque truck accident lawyer can help you recover the compensation you are entitled to.