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Who Is Liable if I Am Hit by an 18-Wheeler in Albuquerque?

Who Is Liable if I Am Hit by an 18-Wheeler in Albuquerque?
Collisions involving 18-wheelers in Albuquerque can leave victims with devastating injuries, costly medical bills, and life-altering consequences. Unlike typical car crashes, these crashes are rarely straightforward when it comes to liability. If you were hit by a commercial truck, determining who is responsible is the first step in holding the right party accountable and recovering the compensation you deserve.
Several parties may be responsible when a truck causes a crash. Liability often depends on the cause of the incident and who had control over the vehicle or cargo at the time. In many cases, multiple parties may share liability.
The Truck Driver
The most obvious liable party is the truck driver. If the crash occurred due to speeding, distracted driving, impairment, fatigue, or a traffic violation, the driver may be held personally responsible. However, in most cases, truck drivers are not independent contractors—they work for a company, which can shift liability.
The Trucking Company
Trucking companies have a legal responsibility to properly hire, train, and supervise their drivers. If the company failed to run background checks, pushed drivers to exceed federal driving limits, or neglected routine maintenance, they may be liable. Under a legal doctrine known as respondeat superior, employers can often be held responsible for the negligent actions of their employees.
The Truck Owner
Sometimes, the driver and the truck owner are not the same. When trucks are leased, the owner of the vehicle may be liable for maintenance issues or failing to repair known mechanical defects. Poor maintenance, worn-out brakes, and faulty tires are common contributing factors in truck crashes.
The Cargo Loader or Shipping Company
Improperly loaded or overloaded cargo can cause a trailer to shift or tip, making the truck uncontrollable. If cargo was not secured correctly and that contributed to your crash, the company responsible for loading the freight may be liable.
The Manufacturer
If the crash was caused by a defect in the truck itself, such as failed brakes, a faulty steering system, or tire blowouts, a product liability claim may be filed against the manufacturer or distributor of the defective part.
What if Multiple Parties Are Liable?
In many New Mexico truck crash cases, more than one party is at fault. For example, a fatigued driver may have caused the crash, but the trucking company may be liable for forcing the driver to exceed federal hours-of-service regulations. A skilled truck crash attorney can help identify all liable parties and pursue full compensation from each of them.
New Mexico follows a comparative negligence rule. That means each party is assigned a percentage of fault, including potentially the victim. As long as you are not more at fault than the other parties combined, you can still recover damages, but your compensation will be reduced by your percentage of fault.
How Is Liability Proven?
Truck crashes often involve extensive investigations. Key pieces of evidence may include:
- The truck’s electronic logging device (ELD), which tracks hours of service.
- Black box data showing speed, braking, and mechanical performance.
- Driver logs, maintenance records, and company training files.
- Eyewitness statements and police reports.
- Surveillance or dash cam footage.
- Accident reconstruction expert analysis.
Quick action is essential—trucking companies are only required to retain some records for a short time. An experienced Albuquerque truck crash lawyer can send preservation letters to secure evidence before it’s destroyed.
Why Legal Help Is Crucial in 18-Wheeler Cases
Truck crash claims are significantly more complex than passenger vehicle collisions. They often involve corporate insurance carriers and aggressive legal teams. Without an experienced attorney on your side, you may be pressured into a lowball settlement or miss out on key evidence needed to prove liability.
At Buchanan Law Firm, LLC, we understand how overwhelming it can be to deal with a serious truck crash. We work tirelessly to investigate every angle of your case, determine who is at fault, and fight for the compensation you need to heal and move forward.
Injured in a Truck Crash? Contact the Albuquerque Truck Accident Lawyers at Buchanan Law Firm, LLC Today
If you or a loved one was hit by an 18-wheeler in Albuquerque, don’t wait to protect your rights. At Buchanan Law Firm, LLC, we’re here to help you navigate the legal process and hold the right parties accountable. Contact the Albuquerque truck accident lawyers today for a free consultation. Call 505-900-3559 or contact us online. Located in Albuquerque, New Mexico, we serve clients in Santa Fe and the surrounding areas.


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We prep every case as if it will be going to trial. There is no better way to make sure you get the compensation that you deserve than to be ready to fight for you and exhaust all legal remedies. Some firms shy away from trial, we embrace it.

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We have recovered tens of millions of dollars for our clients.
Hospital negligence resulted in catastrophic injury. This was a case involving a patient who entered the hospital for routine observation but left the hospital with catastrophic and permanent injuries due to neglect and improper treatment. This case involved extensive expert testimony on all aspects of the client’s care, both by hospital administration, hospital employees, and contractors who were involved in her treatment.
Semi-truck negligence caused wrongful death. This case involved a semi-truck driver who was intoxicated on illegal substances and killed our client. The key to this case was both aggressive discovery work, and understanding the trucking laws that regulate truck drivers and motor carriers, so we could prove how reckless it was to put the driver on the road that day.
Semi-truck negligence caused catastrophic injury. This case involved a semi-truck driver who lost control of his vehicle in a high-traffic area, causing devastating injuries to our client. We were able to reconstruct every step of the events leading up to the crash that day to piece together why this happened, using sophisticated experts in reconstruction engineering.
Semi-truck and corporate negligence caused traumatic brain injury. Our client suffered a traumatic brain injury as a result of the defendant’s negligence in parking a commercial vehicle. The key to this case was understanding trucking regulations and local ordinances at play to show how the situation should have been handled safely.
Semi-truck causing wrongful death. This sad case involved the tragic death of our clients when a semi-driver was high on illegal substances. The key to this case was working closely with law enforcement and our reconstruction expert to identify all of the assets we could recover for these clients so that they could be as fully compensated as possible.