Trucking Accident Overview
While all motor vehicle accidents may cause serious personal injury, big rig collisions are significantly more likely to result in catastrophic injury or wrongful death. This is because trucks like a tractor trailer, semi truck, 18 wheeler, and other commercial vehicles have more force behind them because they are larger and heavier than passenger vehicles. When these large commercial trucks are driving on a highway or interstate like I-40, I-25, or I-10, they are more difficult to stop and have even more momentum behind them.
As a result, New Mexico trucking accidents involving these large commercial trucks are more likely to cause devastating, permanent, and debilitating personal injuries to occupants in other vehicles. These injuries may include spinal cord injuries, traumatic brain injuries (TBIs), paralysis (paraplegia or quadriplegia), or amputations. In many instances, serious trucking accidents also result in the wrongful death of an innocent person.
Victims and their families are often confronted with staggering medical bills, property damage repairs, significant injuries, and sometimes the loss of a loved one. Learn about your rights if your New Mexico trucking accident was caused by the reckless conduct of a truck driver or trucking company.
Proving Liability: Holding a Truck Driver or Trucking Company Responsible
When you are injured in a big rig collision, you have rights that you need to protect. This is particularly true because your medical bills will grow quickly but you may be unable to return to work due to your injuries. Some victims may never be able to return to work again. In order to recover compensation for their pain and suffering, medical bills, lost wages, and inability to work, many victims may need to bring a trucking accident lawsuit.
Negligent of a truck driver – A trucking accident lawsuit is a type of personal injury action is based on the reckless, wrongful, and otherwise negligent acts of a truck driver. To be successful in a negligence lawsuit, a victim will have to establish that the truck driver or trucking company failed to exercise reasonable care in the use and operation of his or her truck. Some examples of when a truck driver fails to use reasonable care includes the following:
- Failing to yield;
- Running a red light;
- Driving while fatigued;
- Using a cell phone while driving;
- Improper lane changes; and
- Drunk or drugged driving.
Using Statutory Violations Against a Truck Driver – In addition, if the truck driver has violated a statute he or she may be found to be negligent per se. This is an automatic finding of negligence when a victim is injured by the violation of a statute meant to protect the victim from that harm. If the violation is of a federal regulation, like those from the Federal Motor Carrier Safety Administration, the violation is evidence of negligence which can be used against the truck driver or trucking company.
Holding the Trucking Company Responsible for their Truck Driver – A victim may also hold the trucking company negligent for the reckless acts of its employees which occur within the scope of employment. This means that a trucking accident caused by a truck driver will also mean the trucking company is negligent. A trucking company may also be negligent for improperly hiring an unqualified driver, failing to properly train the driver, or providing faulty equipment.
Recovering Compensation for Injuries Caused by New Mexico Trucking Accidents
Victims who can prove the negligence of a truck driver or trucking company in a personal injury lawsuit may be entitled to compensation for their damages. Economic damages are the victim’s countable damages such as medical bills, property damage, and lost wages or earnings from work. Non-economic damages are for a victim’s pain and suffering caused by the semi truck wreck. This include the actual injuries such as traumatic brain injuries, amputations, spinal cord injuries, broken bones, disfigurement, and paralysis.
Where a tractor trailer crash has caused a wrongful death, the victim’s family may pursue a claim for lost earnings they depended on from their loved one, conscious pain and suffering, loss of services/companionship, and sometimes punitive damages.
After a New Mexico Truck Accident Causing Serious Injury, Call Our Albuquerque Lawyer
Even though most personal injury law firms will claim they represent victims and their families in trucking accidents, very few have the extensive experience that the NM Truck Accident Attorneys has in handling catastrophic truck crashes in New Mexico. Our firm has placed a strong focus on representing victims of trucking crashes and we have a proven track record of success handling serious and fatal trucking crash cases against some of the largest trucking companies in the United States. Call us today for a FREE consultation and learn how we can help you overcome this obstacle together by dialing 505-369-1495 to schedule an appointment.