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

Injured in a Truck Crash? Contact the Albuquerque Truck Accident Lawyers at Buchanan Law Firm, LLC Today
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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.

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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.

My Promise to You

We Prepare Each Case for Trial

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.

This is a Team Effort

We recognize that every legal matter is different. We’ll listen carefully to learn the details of your situation, as well as your goals. We’ll keep you involved and informed at all times, making certain you know where you stand, what your options are, and your likelihood of success.

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Whether it is about the value of your case, or how good or bad the evidence is, we will tell it to you straight. We want to help you make the best decisions about your case by giving you the information you need.

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We understand that serious injuries do not happen only during normal business hours which is why we are always available to help if you have been injured. Our team is available around the clock to take your call and provide the support that you need.