A New Mexico truck accident case is a complex type of personal injury claim that is entirely unique from typical car accident cases. With devastating and often catastrophic injuries, transportation laws in place under the federal government, and special types of evidence, a truck accident case often requires oversight from an attorney with a specialized set of skills.
Increased Damage Due to Large Vehicle Size
A fully loaded tractor-trailer can weigh up to 80,000 pounds, and even exceed this weight with special overweight truck permits. By contrast, the average passenger vehicle weighs around 4,000 pounds. This 20-time weight contrast means the damage caused to the smaller vehicle in a collision is often catastrophic in nature.
A catastrophic accident is one that causes life-changing injuries to those involved, such as bone fractures, internal injuries, amputations, traumatic brain injuries and spinal cord injuries. These injuries lead to significant bills and losses for victims, along with higher personal injury case values.
It is critical for a truck accident victim to have an accurate estimate of how much his or her injuries will cost over time, including any long-term care needs and ongoing treatments. Injuries that cause permanent disability also come with the added financial strain of lost earning capacity.
Since truck accidents can result in higher-value claims, it is even more important for a victim to hire an experienced attorney for legal representation. A truck accident attorney may be necessary to negotiate a fair and full settlement from an insurance provider in the face of devastating injuries.
Unique Accident Types
The shape and engineering of a big rig set these vehicles up for distinctive types of collisions. A jackknife accident, for example, arises when the trailer of an 18-wheeler swings out at an angle away from the cab of the truck, causing the driver to lose control and the big rig to skid and potentially roll over.
Other unique types of trucking accidents include:
- Override accident
- Underride accident
- Side-impact accident with the trailer
- Wide-turn accident
- Blind spot accident
- Trailer detachment
- Truck rollover
- Cargo shifting in transit
- Lost cargo load
- Hazardous cargo spill
- Mechanical failure
- Tire blowout
- Brake failure
- Runaway truck
Many truck accidents are chain-reaction crashes, where the initial collision causes one or more subsequent accidents as other drivers crash into the disabled truck or cargo. Truck drivers must be trained to navigate the unique aspects of operating a big rig to help prevent serious accidents.
Federal Trucking Rules and Regulations
New Mexico state trucking laws apply to all commercial trucks that transport goods within state lines. Interstate travel among long-haul truckers, however, is subject to federal regulations. The governing agency responsible for enforcing these laws is the Federal Motor Carrier Safety Administration (FMCSA).
Examples of FMCSA laws that trucking companies and truck drivers must obey include:
- Hours-of-service limits for drivers
- Truck driver hiring and training protocols
- Commercial driver’s licenses and medical certifications
- Drug and alcohol testing requirements
- Truck inspection, maintenance and repair ordinances
- Cargo securement rules
Any violation of these rules can provide the basis of a negligence claim against the truck driver or trucking company. Evidence of a legal violation can prove that the truck or driver was unfit for transport, and that this is what caused or contributed to the truck accident.
Vicarious Liability Laws
Trucking accident cases in New Mexico typically involve the legal concept of vicarious liability: when a principal party is held responsible for the mistakes or negligence of its agent. Since commercial trucks are driven by on-duty drivers, their mistakes can place liability on the company.
In addition to the individual driver and trucking company, other potentially liable parties include the cargo company, maintenance company, truck manufacturer and government agencies. Each of these parties may have separate personal or commercial insurance policies that can be used as a source of compensation for the victim.
In many cases, the defendant in a truck accident lawsuit in New Mexico is a powerful corporation with its own legal team and insurance carrier. This is why it is recommended that a victim hire a capable personal injury attorney to level the playing field.
Distinct Types of Evidence
Proving a truck accident case often involves unique and complex types of evidence. Commercial trucking operations involve various tools, records, reporting systems and databases. Unlike a passenger vehicle, nearly every aspect of a commercial truck’s operations and performance are documented.
This can result in a wealth of important evidence – if the victim knows where to look. Types of evidence that may be available to support a truck accident claim include:
- A police report
- Statements from witnesses
- Photographs and video footage
- The truck’s black box
- Electronic logging devices
- The truck driver’s daily logbook
- Employee schedules and driving hours
- Truck maintenance records
- Safety inspection reports
- Federal compliance history
- The truck driver’s medical history and driving record
- Cell phone records
- Testimony from relevant experts
A trucking company may send a rapid response team to investigate the scene of the accident right away. This team may tamper with evidence, even though they are instructed not to. This makes it important to hire an attorney to preserve and collect evidence, records and documentation as soon as possible after your crash.
Increased Need for Legal Representation
A minor car accident in New Mexico generally will not need representation from an attorney. The victim can file a car insurance claim and receive a fair settlement offer from the insurance provider for low-level injuries. A truck accident case is a different matter entirely.
The complexity and scale of these personal injury cases put individuals at a disadvantage. It is important for victims to know when to hire truck accident lawyers in New Mexico to navigate these challenges for them.
An experienced truck accident lawyer can investigate the crash, collect pertinent evidence, deal with multiple insurance providers or liable parties, and negotiate for maximum coverage using smart legal strategies. If needed, an attorney will have the power to take on an insurer in court.
Your attorney can answer your questions and concerns every step of the way throughout your case while you focus on healing. If you have recently been injured in a truck accident in Albuquerque, contact us today for a free consultation to learn how our lawyers can help.