How to Prove Liability After a Trucking Accident in New Mexico
After a semi-truck accident in Las Cruces, you may be unsure about what you should do next. If the crash injured you, your energy is best spent on healing, but worrying about your expenses might be getting in the way of your recovery. A New Mexico 18 wheeler accident lawyer can help you determine who is responsible for the wreck and sue that party for damages. Everyone else involved in the accident—the other driver, their employer, their insurance agency, and even your insurance agency—will want you to settle quickly. At Carabin Shaw, however, we don’t want you to settle for anything less than the best.What Causes Semi-truck Collisions? Who Is At-Fault?
Before we get into how to prove liability after a trucking accident in New Mexico, we need to look at the leading causes of 18 wheeler collisions in the United States, which include:
- Speeding and braking: The leading cause of 18-wheeler accidents is speeding. When truck drivers speed to keep pace with their schedules, they endanger everyone on the road. When driving at safe speeds, commercial trucks take forty percent longer to come to a stop than regular cars because of their weight; driving at excessive speeds increases that braking distance.
- Poorly-maintained or overloaded trucks: Truckers are responsible for correctly loading and maintaining their vehicles. An overweight or imbalanced load can cause other systems on the 18-wheeler to fail. Additionally, a load shift or loss of load can lead the semi to swing or roll. If the trucker or the trucking company failed to check the vehicle, then Las Cruces trucking accident lawyers might find them at fault.
- Exhausted drivers: Driver fatigue causes approximately 30% of trucking accidents. Due to overscheduling and poor sleep, many truckers decide to drive while tired, despite the considerable risk this poses to the drivers on the road around them.
- Driving while intoxicated: In 2016, the United States Department of Transportation reported that drug use among commercial vehicle operators was at its highest since 2009. Alcohol, marijuana, cocaine, amphetamines, and opioids play a significant role in unsafe driving among truckers. Las Cruces truck injury lawyers can sue intoxicated commercial vehicle operators for reckless endangerment.
- Distracted Driving: Lawyers know that 18-wheeler drivers are just as easily distracted as the rest of us. Texting, talking on the phone, looking at a passing attraction, checking a GPS, or even adjusting the radio can become dangerous in an instant.
If you suspect any of the above contributed to your accident, let an 18-wheeler accident attorney in Las Cruces know.Determining Fault After an Accident
Having a clear sense of what caused your accident is one of the most helpful elements in determining fault, but there are other steps you and your attorney can take to ensure the best outcome in your Las Cruces 18 wheeler crash lawsuit. Accurate records are crucial, and you’ll want to hold onto the following:
- Your medical records
- The police report
- Photographs of the wreck
- Photographs of your injuries
- Witness statements and contact information
You should also write down everything you remember about the accident as soon as possible. If things seem clear to you right away, you want to safeguard against forgetting any details. If things seem fuzzy or you don’t remember much, writing might jog your memory.
You may want to describe:
- Your injuries
- The damage to both your car and other vehicles
- The date, time, and conditions of your travel
- The weather
These records give your lawyer a baseline for investigation.For Truck Accident Lawyers in New Mexico, Call Carabin Shaw
Coping after a large truck collision can be difficult, but you are not alone. Our lawyers want to negotiate a fair settlement on your behalf because we believe that you deserve justice.
To schedule a free consultation with a Carabin Shaw attorney in Las Cruces, dial 915-779-2301 or reach us toll-free at 800-862-1260.