With some of the busiest interstates in the U.S. passing through the state of New Mexico, tractor-trailer accidents happen here on a regular basis. Big rigs may be found traveling on I-40 and I-25 at all hours of the day and night, bringing with them the potential for serious injuries and even fatalities. If you or a loved one needs legal advice concerning a crash, Albuquerque trucking accident lawyer Andrew Ortiz can guide you through the process of investigating the situation, identifying the responsible parties, and filing the paperwork necessary to assert a legal claim against a trucker or trucking company whose actions caused your harm. Enlisting a personal injury attorney is an important step to take in seeking the compensation that you deserve.
Trucking accidents may happen for many reasons, but one of the most common is distracted driving. Alone behind the wheel for many hours at a time, truckers often turn to electronic devices, such as smart phones, to relieve boredom and pass the time. Of course, this is a foolish and extremely risky choice for someone in control of an 80,000-pound vehicle. Truckers are also cited regularly for impaired driving, due to the use of drugs or alcohol behind the wheel. Speeding, failures to yield, and failures to obey traffic control devices are also frequent causes of truck crashes.Pursuing a Trucking Accident Case in New Mexico
To prove a case of negligence, a person who has been hurt or lost a family member in a truck crash must be able to show that they were owed a legal duty of care, such as the duty to keep a proper lookout. They also must show that this duty was breached by some careless conduct, that the victim was hurt, and that the defendant’s breach of duty was the proximate and legal cause of the injuries for which the plaintiff seeks compensation.
Trucking companies may also be held liable for accidents, either vicariously (through the employment relationship) or directly. If a trucker is on the job at the time of the crash, the law holds their employer accountable under the doctrine of respondeat superior in most situations. Additionally, a trucking company that fails to properly train its truckers, neglects regular maintenance of its trucks, or refuses to comply with state or federal laws designed to prevent accidents caused by fatigued driving may be held liable for its own negligence, in addition to being vicariously liable for the driver’s actions. The trucking accident attorney at our Albuquerque firm can help victims explore all of the legal theories that may be appropriate in their case.
Since an accurate and thorough investigation is important in a truck accident case, a family who has been affected by a crash should talk to an attorney as soon as possible. While it is true that first responders and trucking company insurance representatives will be at the scene early in the process, their investigators are not necessarily going to preserve evidence that might be vital to the plaintiff’s case. To have someone looking out for their interests throughout the investigation phase, the plaintiff should retain counsel of their own.Hire a Trucking Accident Lawyer in Albuquerque to Protect Your Rights
A person injured in a collision caused by the negligence of a trucker or a trucking company has a legal right to seek compensation for damages such as pain and suffering, lost earnings, and medical expenses. Of course, the case must be filed within the time established by the New Mexico statute of limitations. Experienced Albuquerque trucking accident attorney Andrew Ortiz is here to help people who have been harmed by others’ negligence fight for every penny of compensation to which they may be entitled. Call us at 505-242-1195 or contact us online to set up a free consultation. We can also help people who are seeking a car crash lawyer throughout Bernalillo County and elsewhere in New Mexico.