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Determining Fault After a Las Cruces 18 Wheeler Accident

Each year, more than 500,000 accidents involving semi trucks occur nationwide—and these wrecks are often the most devastating types of car wrecks due to the massive size of big rigs. If you were involved in such a wreck in Las Cruces, you might be wondering who is ultimately responsible for the crash. Should you sue the truck driver or the trucking company? Or is there another potentially liable party? What if you were partially responsible—can you still file a lawsuit?

If you’re confused about the process of determining fault after a Las Cruces 18 wheeler accident, you’re in luck; our knowledgeable attorneys are here to answer frequently-asked questions about fault in Las Cruces 18 wheeler accidents.

How Is Fault Determined After a Wreck?

When determining fault, you may be surprised to learn that the police report is just one of many factors that insurers take into consideration. According to our Las Cruces truck accident lawyers, other factors considered by insurers can include:

  • Statements from eyewitnesses
  • Your own statement
  • The other driver’s statement
What Parties Can Be Held Liable After a Big Rig Wreck?

When an 18 wheeler wreck occurs, you should know that there are potentially several parties who may be held liable for the crash—it just depends on the circumstances of the accident. After a wreck, you may be able to sue one or more of the following parties for compensation:

  1. The truck driver: If an independent driver’s negligence caused the crash, you will likely need to file a claim against the individual driver to secure compensation.
  2. The trucking company: If the truck driver was not an independent contractor and was working when the accident occurred, the trucking company may be responsible for the driver’s negligent actions, as long as these happened within the driver’s scope of employment and were unintentional.
  3. The truck (or tire) manufacturer: If the wreck was caused by a manufacturing defect in the truck, or of a tire, you might be able to file a claim against the responsible manufacturer with the help of your lawyer.
I Was Partially Responsible for the Wreck. Can I Still Sue for Compensation?

When the driver of the non-commercial vehicle is partially at fault in Las Cruces 18 wheeler accidents, he or she may still be able to sue the truck driver or trucking company for compensation. However, it’s essential to note that the potential payout will decrease according to the degree he or she is at fault for the wreck, which means that the more at fault you are, the fewer damages you will be able to recover.

What Should I Look for in a Trucking Accident Lawyer in Las Cruces?

If you’re wondering, “What criteria should I look for in semi truck accident lawyers near me?” you should know that there are many factors to consider before hiring an attorney. You need a lawyer who specializes in personal injury cases, but also someone with extensive trial experience in the event your case ends up in court. On top of that, you want a lawyer who specializes in trucking accidents, since these cases can be complicated and require in-depth knowledge of truck industry regulations and enough resources to fight the massive truck companies (and their huge legal teams). At Carabin Shaw, our talented and compassionate attorneys meet all these requirements and more.

At Carabin Shaw, we have decades of experience handling Las Cruces 18 wheeler accidents, and we can help you maximize the value of your claim in the aftermath of your wreck—even if you were partially at fault.

Our Las Cruces truck accident lawyers have a combined 200 years of legal experience and have been handling trucking accident cases for more than two decades.

If you’re ready to learn what an experienced trucking attorney serving Las Cruces can do for your case, call our Las Cruces office today for a free consultation at 915-779-2301.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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