Albuquerque Truck Accident Lawyer

Albuquerque Truck Accident Attorney

Serious accidents involving commercial trucks can be a traumatic experience. The injuries and property damage can be severe, often causing long-term physical and emotional trauma. If you have been in a catastrophic truck accident in New Mexico, it’s important to know your rights. Our Albuquerque truck accident lawyer has more than 70 years of combined experience handling cases like yours.

Why Truck Accidents are Different from Car Accidents

Truck accidents are different from car accidents in many ways. Commercial trucks possess both greater dimensions and heavier weight compared to typical automobiles. A fully loaded 18-wheeler can weigh 80,000 pounds or more. The sheer force of the impact can cause a lot of damage, and it is more likely that someone could be seriously injured or killed in a truck accident.

Another difference is that truck drivers and companies have to follow not only New Mexico state laws, but also federal regulations, including those from the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover hours of service, maintenance schedules, cargo weight limits, and more.

Investigating a truck accident is a more involved process, as it includes reviewing driver logs, maintenance records, and more, since multiple parties may be liable in a truck accident. Insurance companies and trucking companies also move very quickly to protect their interests, so it’s important to hire an Albuquerque truck accident attorney as soon as possible.

Common Causes of Truck Accidents

In 2022, 3,235 heavy trucks were involved in accidents in New Mexico. Those accidents caused 83 fatalities and 127 serious injuries. Some of the most common causes of truck accidents include:

• Driver fatigue. Truck drivers often have to drive long periods of time. Federal laws dictate how long a driver can work in a given period to avoid fatigue. However, sometimes drivers or their employers may make them drive beyond the legally allowed time, causing fatigue and lowered response times while driving.
• Distracted driving. Whenever a driver is distracted from the road, this poses a threat to other drivers as it increases the risk of getting into an accident. Distracted driving can include texting and driving, utilizing GPS, and eating.
• Cargo loading. Cargo loaders are responsible for placing materials onto the truck. If they do not load the cargo properly, it can cause an imbalance and increase the risk of the driver losing control of the truck, thus causing an accident.
• Disobeying road laws. Some drivers may break road rules to meet tight deadlines, including speeding, failing to yield, and running red lights. They may also engage in behaviors that are not necessarily illegal, but still increase the risk of an accident, such as tailgating, aggressive driving, and recklessly weaving between lanes.
• Mechanical issues. Brake failure, tire blowouts, and engine problems all contribute to mechanical issues. In these instances, the truck company can be held responsible if it failed to perform regular upkeep. Maintenance companies may be liable if they performed faulty service on the truck.

Each of these factors may involve multiple liable parties. Determining fault requires thorough investigation and legal experience.

Types of Truck Accidents

Truck accidents can occur in a variety of ways, each with unique causes and potential injury outcomes. Some of the most common types of truck accidents include:

• Jackknife accidents. A trailer swings out at an angle, often leading to multi-vehicle pileups.
• Rollover accidents. Trucks may roll over due to high speeds, sharp turns, or cargo-related issues.
• Rear-end accidents. Trucks need more distance to stop than other vehicles, which results in larger wreck impacts.
• Underrides. Small vehicles may become stuck underneath trailers when they crash.
• Wide Turns. Trucks executing wide right turns can collide with vehicles or pedestrians standing close by.

Injuries can range from spinal cord damage and traumatic brain injuries to multiple fractures, internal organ damage, and psychological trauma such as PTSD. These injuries typically need prolonged medical intervention and continuous care.

What to Do After a Truck Accident

Your actions after a truck accident can impact both your health and your legal claim. First, as always, call 911 and seek medical attention, even if you do not feel injured at the time of the accident. Sometimes, injuries such as internal bleeding or whiplash have no noticeable symptoms until later.

If possible, take photographs of the accident scene, including the vehicles and road conditions, as well as of any visible injuries you sustained. Additionally, obtain the driver’s name and insurance information, license number, and the USDOT number for the truck.

If there are any witnesses in the area, try to get their contact information, as they may be able to corroborate your story. Ask for a copy of the police report as soon as it is available. Do not discuss fault or provide a recorded statement to the insurance companies before first speaking with a lawyer. Contact an experienced truck accident attorney as soon as possible to preserve any evidence and protect your legal rights immediately.

Liability in Truck Accidents

It’s important to understand that although the driver is often the most visible defendant in a truck accident claim, liability can extend to several other parties. The trucking company itself, for example, can be liable for negligent hiring and training practices as well as for violations of federal safety rules.

If the trucking company pushed a driver to meet unrealistic delivery schedules or failed to notice that the driver was in violation of hours-of-service regulations, the company may be directly liable for your injuries. Truck maintenance companies and mechanics may also be liable if a mechanical problem contributed to the accident, such as a brake or tire malfunction that should have been discovered during routine inspections.

A third-party logistics company may be liable if it improperly loaded or secured the truck’s cargo, which may have caused it to tip or roll over. In some cases, the manufacturer of the truck or parts may also be liable for defects in design or manufacture that contributed to the crash.

The Importance of Legal Support

Each of these defendants usually has their own insurance companies and lawyers, which is why these claims are far more complex than typical car accident cases. An experienced Albuquerque truck accident lawyer can ensure that all of the right parties are included in the claim and work hard to prove their liability.

Compensation Available in Truck Accidents

Truck accidents often result in serious losses for the victims involved. In some cases, you can pursue various types of damages, depending on the severity of your injuries and the nature of the crash. Knowing what to expect can help you establish a solid claim to pursue financial support for recovery. Common damages include:

• Medical expenses. This type of damage includes both current and future medical expenses incurred as a result of your injuries, such as emergency care, hospital bills, surgeries, medications, rehabilitation, and other treatments. These expenses also include medical equipment and devices, as well as long-term or permanent care, if necessary.
• Lost wages. If you are unable to work due to your injuries, you can recover damages for your lost income, as well as future lost earning potential, if your injuries have a long-term impact on your ability to work.
• Pain and suffering. Pain and suffering damages refer to the physical pain and emotional distress you have experienced, as well as future pain and suffering, as a result of your injuries. This can include anxiety, depression, and PTSD.
• Property damage. In the event that your vehicle or personal property has been damaged or destroyed as a result of the crash, you may also be able to recover damages for property damage, such as the cost of vehicle repairs or replacement, as well as rental car expenses.
• Wrongful death. In the tragic event of a loved one’s loss, surviving family members may be able to recover a variety of damages in a wrongful death claim, such as funeral and burial expenses.
• Punitive damages. In certain cases involving particularly egregious behavior or gross negligence, such as driving under the influence, punitive damages could be awarded. These are intended to punish the wrongdoer and discourage future bad behavior.

Experienced Albuquerque truck accident lawyers can help you determine what damages you can recover and ensure that no options are overlooked in your case.

How to File a Truck Accident Claim

Filing a truck accident claim in New Mexico requires a few key steps, and it’s critical that you act quickly to protect your rights. You must report the accident to your insurance company once you’ve secured medical assistance and documented the scene. Stay concise, be factual, and avoid speculating or admitting fault.

Speak to a knowledgeable Albuquerque truck accident attorney who can walk you through the process and protect you from insurance company maneuvers that could harm your claim. Your lawyer works to build your case by gathering evidence and finding out who’s liable.

After the necessary evidence has been collected, your attorney often sends a demand letter to the at-fault driver’s insurance company. This document describes your injuries and damages, and it states how much compensation you are seeking. Should negotiations with the insurer fail to result in a reasonable settlement, your attorney needs to formally file your claim in a local civil court, such as the Second Judicial District Court in Albuquerque, NM.

Engage a Lawyer

You should be sure to file your personal injury claim within the state’s truck accident laws within the three-year statute of limitations or lose your ability to recover damages. A skilled attorney can ensure that every aspect of the process is properly addressed, increasing your likelihood of achieving a favorable result.

About Egolf + Ferlic + Martinez, LLC

At Egolf + Ferlic + Martinez, LLC, you get the experience of a big firm with the focus of a small firm. Our lawyers have decades of combined experience litigating and negotiating cases, and we have worked with hundreds of truck accident victims, helping them to get the justice and relief they deserve.

We know the Second Judicial District Court in Albuquerque inside and out, and we use that knowledge to give our clients an edge. Our legal practice stands out from high-volume personal injury firms because we dedicate ourselves to listening to clients and building their case with diligence while fighting fiercely for their rights.

FAQs

How Much Are Most Truck Accident Settlements?

The amount of truck accident settlements varies significantly from case to case, depending on the specifics regarding the situation. Typically, accidents that result in minor or no injuries and minimal property damage have lower settlements than those that have extensive and severe injuries and significant property damage. Additionally, if the truck driver acted particularly egregiously, this can result in a higher payment.

What Should I Not Say to an Injury Lawyer?

When working with an injury lawyer, you should not exaggerate your situation nor should you downplay any damages you incurred, such as injuries and vehicle damage. Do not lie about the facts. Instead, be truthful about what actually happened. It is not necessary to state matters of opinion, especially surrounding fault. Your attorney needs the facts to investigate the matter further and gather evidence.

How Do I Choose the Right Truck Accident Lawyer?

When trying to choose the right truck accident lawyer, search for an attorney with experience in truck accident cases and a history of positive results. Preferably, choose a lawyer who is easy to communicate with and has local legal knowledge and trial experience. Be sure to read client reviews and schedule a consultation.

Hire a Truck Accident Lawyer Today – Accident Attorneys You Can Trust

If you were injured in a truck accident, hire a truck accident lawyer at Egolf + Ferlic + Martinez, LLC today. We can help you get the compensation you deserve. Contact us today to begin holding the responsible parties accountable.