Truck accidents are among the most dangerous of all motor vehicle collisions. Often, victims of a truck crash are left with serious, sometimes permanent injuries that may require long-term medical treatment, rehabilitative services, or even significant adjustments to their day-to-day lives. When another person or entity is responsible for causing these injuries, they should bear some of the costs of a victim’s burden. Albuquerque trucking accident lawyer Paul Dominguez assists victims in pursuing legal action against a negligent truck driver or a trucking company that was responsible for putting others at risk. He offers compassionate and personalized legal representation, aimed to ensure that our clients’ rights are asserted and that their interests are served throughout the legal process. If you have been hurt in a trucking accident, contact an injury lawyer at Dominguez Law Firm to find out more regarding your legal options.New Mexico Trucking Accidents
Unlike a standard-sized car, the size and weight of a tractor-trailer greatly increase the potential for serious injuries or death when it is involved in a crash. Additionally, truck drivers need to be properly trained to operate such a massive vehicle, and they are responsible for ensuring that the truck is properly maintained and inspected at regular intervals. When these responsibilities are not met, the driver, or their employer, should be held liable for the harm that they cause. State and federal regulations govern a driver’s actions and set minimum requirements regarding the trucking industry. These regulations place limits on a truck driver’s permissible hours on the road in order to avoid fatigue, as well as mandate that drug and alcohol testing be done before commercial licenses are issued. Trucking companies are also required to adequately train their drivers and make sure that proper hiring practices are followed to avoid putting unsafe drivers on the road. A trucking accident attorney can help Albuquerque residents try to hold a driver or company accountable for any violations.Seeking Compensation for Your Injuries
Because of the nature of a trucking accident, there may be more than one entity or individual responsible for a victim’s injuries. A driver, a trucking company, a manufacturer, or another defendant could potentially be found negligent in causing the collision. To show negligence, an injured victim must prove that:
- The defendant, or defendants, owed them a duty of reasonable care;
- The duty was breached by a specific act or a specific failure to act;
- The breach was a proximate cause of the victim’s injuries; and
- Damages resulted.
Drivers owe a duty to others to act as a reasonable and prudent person would behave under the same or similar circumstances. When a truck driver exceeds the amount of time that they are supposed to be on the road or speeds to make a delivery on time, for example, they might be found to have acted unreasonably. If a driver is acting on behalf of an employer trucking company, and the accident occurs within the scope of employment, that company may be held vicariously liable for the driver’s negligence. Injured victims who prevail in their case may be awarded compensation in the form of past and future medical expenses, lost income, loss of earning capacity, pain and suffering, and other damages.
Because of the multiple interests at play in trucking accident cases, the potential for spoliation of evidence becomes significant as parties conduct separate investigations into a crash’s cause. Spoliation occurs when integral evidence is changed, destroyed, or intentionally lost in an effort to avoid legal proceedings. Courts take these actions very seriously, and if spoliation is found, they may issue serious sanctions against offending parties. To avoid being susceptible to deceptive practices following a truck crash, it is important for victims to consult a knowledgeable attorney who can vigilantly protect their legal rights.Retain a Trucking Accident Lawyer in Albuquerque
If you have been involved in a truck accident or lost a loved one, our team at Dominguez Law Firm can help you determine your next legal steps. Albuquerque trucking accident attorney Paul Dominguez guides victims throughout their legal journey, offering compassionate support and understanding during a trying time. Call us today at (505) 850-5854 or contact us online to set up a free appointment with a motor vehicle collision lawyer.