Alamogordo 18 Wheeler Accidents
Unlike a wreck between two passenger vehicles, determining liability in an 18 wheeler accident in Alamogordo, New Mexico can be complicated. The difficulty arises because different parties can be held at fault depending on the circumstances, including the driver, the trucking company, the manufacturers, among other variables.
If you or a loved one were injured in a trucking accident, an Alamogordo injury attorney should review your case to determine who is at fault. Our staff at Carabin Shaw has worked countless trucking accident cases, so we’re experts at assessing the details of a case to know who is at fault and how to hold them accountable for your damages. When it comes to trucking accident liability after an 18 wheeler accident, it’s important to have a seasoned attorney review your case for your best chance at getting what you deserve.Who Can Be Held Liable?
If you are injured in a trucking accident in Alamogordo, New Mexico, you’ll want compensation for your damages. Knowing who to hold liable for those damages is the first step your 18 wheeler accident lawyer in Alamogordo will take when working your case:
- The Truck Driver - Most commonly, the truck driver will be held liable. Truckers are found to be the liable party when their negligence causes the accident. If they are distracted, fatigued, under the influence, or driving recklessly, they will be held responsible in the eyes of the law. To learn more, speak with an Alamogordo truck accident attorney.
- The Trucking Company - In some cases, the trucking company can be held liable if their policies or actions could be linked to the cause of the accident. For example, if a company required a truck driver to drive beyond the legal amount of driving time prescribed by the Federal Motor Carrier Safety Administration, they could be at fault. A trucking company can also be held liable under the legal theory of “respondeat superior,” which means an employer is responsible for the employee’s actions if the employee is acting within the scope of their duties to the employer. If you have questions about a trucking company’s potential liability, talk to an 18 wheeler accident lawyer in Alamogordo.
- The Parts Manufacturer - Sometimes accidents are caused by a malfunctioning part, and in these cases the manufacturer can be found responsible for your damages. If, for example, a brake line deteriorates before its warranty expires and that causes the accident, the manufacturer can be held responsible. An attorney can explain further.
Under certain circumstances, other parties can be held liable like a recent mechanic or the cargo company. If you think this could apply to your case, consult a lawyer.Proving Liability
Once your Alamogordo injury attorney has determined who is liable in your case, they’ll have to prove the following conditions:
- The defendant owed you a duty of care
- That duty of care was broken because of their actions
- There was actual and proximate cause
- The types and costs of damages caused by the accident
Proving each of these components is vital to winning compensation. To make sure you have the best chance in your case, talk to an Alamogordo truck accident attorney.Who You Can Count On
Determining trucking accident liability after an 18 wheeler accident is not easy. If you or a loved one was involved in a crash with a big rig, working with an attorney will greatly increase your chances of winning what you deserve. At Carabin Shaw, we’ve been fighting for accident victims for nearly 25 years, and we never represent big truck companies. Every lawyer on our staff devotes themselves 100% to every case, which is why we’ve been named a top 10 firm for client satisfaction. To beat big trucking companies, you need the best people on your side. Give us a call, and speak with the 18 wheeler accident lawyer in Alamogordo that’s right for you; call 915-779-2301