Albuquerque Truck Accident Lawyers
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Truck accidents are accidents that involve commercial trucks, semi-trucks, tractor-trailers, etc. While all motor vehicle-related accidents are scary, truck accidents can be particularly traumatic and severe because trucks are larger and carry more weight than a regular motor vehicle. For example, commercial trucks can weigh up to 80,000 pounds, thus causing injuries and damage far beyond that of a regular car.
Truck drivers are required to follow a different set of rules and regulations than typical drivers. If you have been involved in a truck accident, an understanding of these rules is particularly helpful to deal with insurance companies or to file a lawsuit against the responsible party. Our lawyers at Zinda Law Group have in-depth knowledge of the laws that govern truck drivers in New Mexico and may be able to help you in seeking the compensation you deserve after being involved in an accident.
If you or a loved one has been involved in a truck accident, we may be able to help. Call Zinda Law Group at (877) 863-4153 for a 100% free case evaluation with our Albuquerque truck accident lawyers today.
YOU MAY BE ENTITLED TO COMPENSATION
What to do after a truck wreck?
Following an accident, the most important thing you can do is to ensure your safety and ensure your future success in being able to seek the legal compensation you deserve. Here are a few steps you can take after a truck accident to achieve these goals:
1. Seek Medical Attention
The most important thing to do after an accident is to seek medical attention. The injuries from a truck accident can vary in severity, but even mild injuries need to be evaluated by a medical professional. Medical professionals can also help play an important role in your claim by documenting your injuries, which can be used as evidence.
2. Report the Accident
Call the police as soon as you are able. The police play an important role by calling emergency dispatch to the scene to help the injured parties, but they also play a pivotal role in documenting the accident. The police can file an official report that can be crucial evidence later on.
3. Document the Scene
Evidence from the accident is key to prevail on your claim. Beyond speaking with the police and getting a medical professional to evaluate your injuries, do everything you can to document the scene of the crash. You can help document the scene of your accident by taking pictures on the roadway where it happened, vehicle damage and bodily injuries, and jotting down quick notes about important details, so you don’t forget about them later.
4. Call an Attorney
The laws that govern truck drivers are complex, and the insurance companies that represent trucking companies can easily take advantage of vulnerable victims. If you have been involved in a truck accident, the best way to make sure you are being treated fairly and are being offered the compensation you deserve is to hire an experienced attorney.
How to File a Truck Accident Lawsuit
1. Call a Truck Accident Lawyer
After suffering a truck accident, you will want to consider hiring an attorney. Trucking companies and the insurance providers that represent them are much more aggressive in their tactics than the insurance companies you would deal with after a car accident because often the potential recourse is higher. The trucking company or their insurance company will act quickly and aggressively to try and avoid liability. Having an experienced attorney on your side is the best way to make sure you don’t get taken advantage of, and that you seek the compensation you deserve.
To seek the compensation you deserve, it is important to initiate a prompt and thorough investigation into the truck accident. Acting quickly after an accident is important to gather the physical evidence resulting from the truck accident while it is still fresh. Additionally, it is important to interview witnesses, file official reports of property damage and physical injury, and consider hiring an accident reconstruction expert. A lawyer will have the experience to work with you to investigate the accident.
3. Case Settlement
Insurance companies usually offer the victim of an accident a monetary amount to avoid further legal action. While these settlement offers can be negotiated to an amount that is fair and appropriate, insurance companies sometimes make low-ball offers. If you refuse a settlement offer from an insurance company, you have the option to file a lawsuit to seek the compensation you deserve.
Who is Liable?
The liable party is the person or entity legally responsible for a personal injury. Those who operate commercial trucks are expected to demonstrate reasonable care while driving on New Mexico roadways. A party who fails to exercise reasonable care will likely be found negligent. Thus, they are liable for the accident. When it comes to truck accidents, the truck driver can be found liable or their employer can.
The truck driver themselves may be held liable when they fail to adhere to the rules and regulations set forth by their employer, the Federal Motor Carrier Safety Administration (FMCSA), or the New Mexico Motor Transportation Division. They may also be held liable if they are operating as an independent contractor, which limits their employer’s liability of the truck driver.
Truck drivers are expected to follow certain local, state, and federal regulations, but so are their employers. A trucking company may be held liable for failing to adhere to those same regulations, for negligent hiring or retention, or by engaging in unsafe practices.
Proving Truck Driver Negligence
Truck accidents usually result from negligence. This means that a truck driver, who owed a duty of care to other motorists, breached that duty and caused harm to another driver. However, sometimes, the blame can be attributed to both drivers. If you are found to be partially at fault for your truck accident, this may affect the value of your case. This is known as comparative negligence.
New Mexico is a pure comparative negligence state. While some states will bar you from claiming if you are over 50% liable in your truck accident claim, New Mexico law still allows a partially responsible victim to seek some compensation. However, your compensation will be reduced according to your percentage of negligence.
Legal compensation for a personal injury claim can comprise of both economic and non-economic damages:
Economic damages compensate you for things such as medical bills, property damage, lost wages, and other financially based injuries. Essentially, economic damages cover injuries that can be made whole with a precise amount of money based on actual loss.
Non-economic damages are more flexible. These are damages for your pain and suffering and a reduced quality of life. There is no exact formula for calculating pain and suffering, but often attorneys can help you get the compensation you deserve from your injury.
How Long Do I Have To File A Claim in Albuquerque?
Many people who pursue a personal injury claim don’t realize that time is one of the most important factors in being able to seek compensation. Each state has its own statute of limitations for personal injury claims. The statute of limitations is a legal time limit in which you are permitted to bring about legal action. Once the statute of limitations deadline has run, you may be barred from taking legal action against the liable party for your injuries.
The clock starts ticking on your truck accident claim the second you are injured in a wreck not when you decide to pursue legal action. Under New Mexico law, an injured party has three years to file a claim. Additionally, there is a three-year limit on any wrongful death claims resulting from a truck accident.
Taking the Case to Court
Hiring an experienced truck accident attorney provides a significant benefit in the event that the case needs to go to court. This is because not every insurance claim can be settled between both parties. A court case is often the result of an insurance company not taking a realistic view of how much the case is actually worth. If this happens, our attorneys can quickly file a lawsuit in the proper jurisdiction.
Truck Wreck Statistics
According to the most recent annual crash report from the New Mexico Department of Transportation, heavy truck accidents accounted for 2.3% of the total crashes on New Mexico Roadways in 2016. Additionally, 44 of these heavy truck accidents resulted in death.
In addition to the data above, Albuquerque is listed as the number one city for total motor vehicle crashes in New Mexico.
Types of Truck Crash Claims
Each type of truck accident and subsequent claim are unique depending on several factors such as the type and size of the truck. Claims can arise from semi-truck accidents, commercial truck accidents, tractor-trailer accidents, etc. Here are a few common claims that arise:
- Rear-end collisions
- Wide turn accidents
- Tire blowouts
- Dropped cargo loads
- Negligent hiring of truck drivers
- Negligent operation of a truck
Several things can lead to a commercial truck collision or another type of truck accident. Here are a few of the common causes of truck accidents in Albuquerque:
- Distracted driving
- Driving too fast
- Unfamiliar roadways
- Improper commercial truck training
- Mechanical failure
The Benefits of an Experienced Albuquerque Trucking Attorney
Zinda Law Group has skilled attorneys with years of experience in handling trucking accidents. Our lawyers have a solid record of accomplishments in dealing directly with insurance companies and adjusters. While every case needs to be handled differently, a skilled lawyer can be very imposing when threatening litigation against an insurance company that is low-balling the amount of compensation offered to you.
In fact, an experienced truck injury attorney can calculate the exact value of your claim to include coverage of all of your medical care, lost wages, ongoing bills, and any future treatments. In addition, they can estimate the amount of pain and suffering as a direct result of the injuries you have suffered at the hands of another driver’s negligence.
Through tactical negotiation skills, both verbal and written, the experienced attorney can work on your behalf to ensure that all of your needs are met. This includes filing for tangible damages that are simple to document including medical and other expenses. In addition, they can file for intangible damages that are often challenging to document, including loss of companionship, benefits and potential future earnings.
How Zinda Law Group Can Help
Hiring an experienced truck accident attorney provides a significant benefit if the case needs to go to court. This is because not every insurance claim can be settled between both parties. A court case is often the result of an insurance company not taking a realistic view of how much the case is actually worth. If this happens, an Albuquerque truck accident attorney can quickly file a lawsuit in the proper jurisdiction.
If you or a loved one were injured in a serious truck accident, it is imperative to seek out the experience of a trucking lawyer to pursue your financial compensation. The attorneys at Zinda Law Group of Albuquerque will use their years of experience to seek the compensation you deserve and ensure that you are not being taken advantage of by the claims adjuster and/or insurance company.
Call or chat us today for a FREE consultation to discuss the details of your case with a no win no fee attorney.
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