Albuquerque Truck Accident Lawyer

Truck accidents are some of the most dangerous vehicle collisions in New Mexico. Large tractor-trailers are much heavier than most other vehicles on the road and are capable of inflicting massive damage on smaller passenger vehicles. When a truck accident occurs on a New Mexico highway, anyone injured may have grounds for a personal injury claim to recover compensation for injuries and other damages. Contact the Fine Law Firm today to schedule a free case consultation with one of our attorneys.

Why Hire the Fine Law Firm?

The Fine Law Firm has more than 40 years of experience handling truck accident claims for our clients in New Mexico. When looking for an attorney, you must take the time to find one who specializes in cases similar to your own.
It is important to find an attorney with a strong track record in the practice area of your claim. We have maintained a 99% success rate in truck accident claims throughout the duration of our firm’s operation.
We understand how devastating a truck accident can be in terms of severe injuries and extraordinary economic cost. We maintain close, compassionate communication with our clients, keep them informed about the latest developments in their cases, and prioritize their needs above our own.
Our attorneys have extensive trial experience. We will work toward settling a case if it is in the best interests of our client, but we are unafraid of opposing large trucking companies with vast resources in a court of law.
We believe that everyone should have the ability to secure legal representation, and the cost of legal fees is an unfortunate deterrent for many people who suffer personal injuries. The Fine Law Firm offers contingency fee billing on the cases we take, meaning we only collect legal fees when we win

Why Do I Need a Truck Accident Lawyer?

A New Mexico truck accident claim could appear very straightforward at first, and a claimant may wonder why he or she should incur the expense of attorney representation for an apparently clear-cut case. However, most people will have difficulty navigating the court system’s complex filing requirements and strict deadlines. Making even a small procedural error could potentially cause a judge to throw a case out before it even reaches the trial phase. Additionally, many people overlook available avenues of compensation, and only secure a fraction of what a lawyer could obtain with proper representation.

Ultimately, hiring an attorney comes at an expense, but doing so offsets this cost by increasing the chances of winning the case and increasing the amount of compensation the plaintiff receives. It is common for a trucking company defendant to use its in-house legal team and vast resources to launch a counter-investigation against a truck accident plaintiff and claim shared blame for the accident in question.

A truck accident attorney will minimize the chances of the client incurring liability for his or her claimed damages; securing evidence such as driver logs, maintenance records, and traffic camera data. Additionally, an attorney can handle insurance issues the client may face. Trucking companies also typically carry extensive insurance policies, and a good truck accident lawyer can help a client navigate complex insurance claims and handle difficult claims adjusters.

Why Are Truck Accidents Different Than Other Vehicle Accidents?

The most salient factor that makes truck accidents so dangerous is the size of tractor-trailers. A fully loaded tractor-trailer can weigh as much as 40 tons and stand more than ten feet off the road surface; much larger than the average passenger vehicle. The sheer size of these trucks makes them slower to brake, accelerate, and maneuver than smaller, more agile passenger vehicles.

Trucking companies must meet many federal regulations, including equipment safety, maintenance, cargo loading, driver training, and hours of service for drivers. When companies neglect these compliance requirements, they can cause devastating accidents. Truck accidents on the highway also have a high chance of involving multiple vehicles, further complicating an already complex claims process and casting uncertainty over questions of liability.

How Much Does a Truck Accident Lawyer Charge?

The cost of legal fees often deters claimants from seeking representation. The lawyers at The Fine Law Firm operate on a contingency-fee basis. You won’t pay anything unless we secure a monetary award for you. We won’t charge you if your case doesn’t win a settlement. If we win a settlement or verdict, we’ll deduct our attorney’s fees directly from the amount we obtain from the defendant or insurance company. You never pay for our services out of your own pocket.

The Fine Law Firm keeps its fees at a flat rate of 33% (one-third) of your settlement. If you received a $100,000 settlement, our fees would total around $33,000. We will reduce our fees, if necessary to receive less compensation than our client does. Our goal is not to turn a profit, but to help our clients. A lawyer representing your case will produce better results – even after subtracting the attorney’s fees – than you could on your own.

Major Trucking Routes in New Mexico

Two major interstate highways crisscross New Mexico, intersecting near the center of the state in Albuquerque. Interstate 40 runs west to east from Gallup to Logan. Interstate 10 runs from the northeast to the south from Raton to Las Cruces. Tractor-trailer drivers also use countless other highways, access roads, and state routes to navigate New Mexico. Paseo Del Norte, Coors Boulevard, and Rio Bravo Boulevard are other major roads in Albuquerque that see some of the most tractor-trailer activity in the area.

Federal Trucking Laws

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for oversight of the American trucking industry. Truck drivers must receive specialized training to be able to drive in the trucking industry. Additionally, they must receive a physical exam every two years. They must not consume alcohol, or any drug which may affect their performance, within eight hours before their shift. They cannot carry any drugs or alcohol unless they are part of the cargo load, and they cannot have a blood alcohol content higher than .02%. Truck drivers must log their time behind the wheel, and be sure to not drive more than 11 hours out of a maximum 14-hour shift, with at least a 10-hour break between shifts. Federal law also requires truckers to follow specific guidelines for securing cargo and maintaining proper vehicle markings on their trucks.

The FMSCA upholds strict guidelines concerning tractor-trailer drivers. All drivers must obtain proper certification and obtain commercial drivers’ licenses to operate tractor-trailers. Additionally, hiring companies must ensure drivers complete adequate training time before handling routes. Handling a large truck is much more difficult than driving a smaller passenger vehicle and an inexperienced driver is far more likely to cause a truck accident than an experienced one.

Trucking companies must also follow FMCSA regulations for vehicle maintenance. Since tractor-trailers are large and spend more time on the road than other vehicles, they are more vulnerable to equipment breakdowns and require careful, thorough, and specialized routine maintenance.

Damages Available in a Truck Accident Claim

A truck accident claim falls under the purview of personal injury law. Depending on the severity of the plaintiff’s claimed damages, the compensation available in a truck accident claim can be quite substantial. It is common for truck accident victims to sustain severe injuries that cause permanent disability and/or interfere with the ability to work in the future.

Plaintiffs can claim compensation for all medical expenses resulting from a truck accident, including both immediate expenses and expected future expenses. For example, a truck accident victim would be able to claim compensation for hospital bills, ambulance fees, and prescription costs for the immediate costs of treatment. He or she could also claim the cost of ongoing physical therapy or other long-term rehabilitative treatments required to reach maximum medical recovery.
If a plaintiff’s injuries require missing work to recover, he or she can claim the wages lost during that time as damages in a truck accident claim. If a plaintiff suffers a permanent disability which prevents resuming his or her job or returning to work at all, a financial expert can testify and help the jury understand the plaintiff’s lost future earning potential.
Truck accidents often cause severe damage to smaller passenger vehicles. A plaintiff can claim repair or replacement costs for a vehicle or any other personal property damaged or destroyed in a truck accident as property damages in a truck accident claim.
The justice system recognizes that most plaintiffs’ experiences are worse than their economic damages and allows the recovery of pain and suffering compensation. A jury will review the evidence in the case and listen to testimony from expert witnesses to determine an appropriate amount of monetary compensation for physical pain, emotional distress, and psychological anguish resulting from a truck accident.
In cases involving a defendant who was egregiously negligent or who acted in an intentionally harmful or illegal manner that caused a trucking accident, a jury may also award punitive damages to further punish the defendant and discourage similar events in the future.

Every trucking case is different, and the severity of a plaintiff’s damages ultimately determines the amount of compensation to expect from a successful lawsuit. Contact us today to schedule a free, no-obligation case evaluation with one of our attorneys. Once we assess the details of your claim, we can determine your chances of success with a lawsuit and the services our firm can offer.