Liability for a Trucking Accident in Albuquerque
After a trucking accident, you and your family may be exploring available legal options. If your trucking accident occurred in Albuquerque, you must follow New Mexico’s statute of limitation laws for accident claims and file for damages within three years of the accident; however, most insurance companies require you to report an accident as soon as possible, so it is advisable to act quickly. However, you may still have a lot of questions, such as: Are you eligible to file an accident claim? Can you prove who was at fault for the accident? Do you need a lawyer to do so?
While some plaintiffs choose to represent themselves in accident claim settlement negotiations, plaintiffs who hire a qualified Albuquerque trucking accident lawyer are statistically far more likely to see a larger settlement. You are also more likely to receive a hefty financial settlement if your Albuquerque injury attorney can prove, without a doubt, that another party was responsible (or “liable”) for your accident. For this reason, it is crucial that you hire a lawyer with experience establishing liability for a trucking accident in Albuquerque.Who is Liable in a Trucking Accident?
Some families are unsure who they would sue for financial compensation after an 18 wheeler or commercial truck accident. The answer is simple: the party who is at fault for the accident is the one who can be held legally liable. In the case of trucking accidents, there are a few different parties who can be held liable for damages with the help of an Albuquerque injury attorney. The more clearly you can identify the cause(s) of your trucking accident, the easier it will be to establish liability.
A truck driver can be held liable for damages if the driver:
- Drives intoxicated
- Fails to adhere to traffic laws
- Fails to limit driving time to prevent drowsy driving
- Lacks proper licensure/training
- Exhibits negligence in ways not already listed
A truck driver’s employer can be held liable for damages if the employer:
- Fails to provide employees with adequate training
- Fails to adhere to national guidelines limiting drive times for long distance truckers
- Fails to adhere to OSHA workplace safety guidelines
- Fails to update and/or safely upkeep 18-wheelers
- Knowingly provides faulty equipment
An 18-wheeler parts manufacturer can be held liable for damages if:
- They provide faulty equipment and/or machinery through gross negligence
- They knowingly supply trucking companies with dangerous or dysfunctional machinery
Be sure to provide your attorney with an accurate picture of the circumstances surrounding your trucking accident. Once you have hired an attorney, they can examine insurance documents, police accident reports, and witness testimonies to establish where the fault for the accident lies.Truck Accident Victims Need Justice
Trucking accidents are a serious danger to public health and should not be taken lightly. Trucking accident victims lose their lives, health, and quality of life every year. While most truck drivers and their employers are responsible citizens, if these parties’ negligence results in the serious injury or fatality of others, they can and should be held responsible.Trust Experienced New Mexico Attorney James Shaw
If you need an Albuquerque injury attorney to establish liability after a truck accident, contact the offices of New Mexico attorney James Shaw to discuss your options. Call our office toll-free today at 1-800-555-0101 to schedule your no-cost, no-obligation initial consultation.
With thirty years of legal experience and a history of attaining large settlements for trucking accident victims and their families, attorney James Shaw is one of the foremost Albuquerque trucking accident lawyers available. Amongst all his professional accolades, James Shaw’s proudest accomplishment is helping accident victims and their families receive just financial compensation for their trucking accident injuries. Visit James Shaw's page on the Carabin Shaw website to learn more.