Los Lunas Truck Crash Lawyers

Roughly eight percent of motor vehicle crashes on New Mexico roads involve heavy trucks. These crashes are hazardous because the truck far outweighs the car with which it has collided. The result is that the driver of the car and the passengers may suffer serious injuries. You could be entitled to substantial financial compensation if you or a loved one has been hurt in a truck crash. However, the legal process you must follow to get a settlement check or jury award can be difficult, and it requires the help of an experienced Los Lunas truck crash lawyer.

What Are Common Causes of Truck Crashes in Los Lunas?

Truck drivers must be trained and experienced and act appropriately when they are behind the wheel. They are in control of an 80,000-lb vehicle that can cause serious injuries. However, truck drivers may be careless or under pressure to make deliveries no matter what. The company that employs them may also cut corners at every turn to maximize its profits.

Common causes of truck crashes include:

• Defective truck parts
• Distracted driving
• Driver inexperience
• Drowsy driving
• Improper cargo loading
• Poorly maintained trucks
• Speeding

What Damages Can I Get for a Truck Accident?

Your truck crash damages are tied to your physical injuries and the effects that they have on your life. Your injuries may cause you physical pain, and they may leave you unable to work. The result of a truck crash is that you may not be able to live the life that you did before the crash happened.

Your truck crash damages can include:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Embarrassment and humiliation

What if I Lost a Loved One in a Truck Crash?

Families who have lost a loved one in a trucking crash can file a personal injury claim of their own. In this case, the personal injury for which you are seeking compensation is the loss of your loved one. When a family member has died, your family suffers damages in several ways. A wrongful death lawsuit assigns a monetary value to each of these losses.

Can I Sue the Trucking Company?

Unless the truck driver were an independent contractor, you would not be suing them personally for the crash. If you were, you would not be suing them alone because they would not have the money to pay your damages. The real money comes into the picture when you can sue the trucking company for the crash.

When truck drivers get behind the wheel, they become agents of the trucking company that employs them. Their actions are considered the same as those of the trucking company that writes their paycheck. If the driver does something wrong, their actions are imputed to their trucking company employer. The trucking company is also legally negligent if you can prove that the driver was negligent.

The advantage of suing the trucking company is that they have more money available to compensate you. Federal regulations require trucking companies to have insurance coverage of at least $750,000. If a trucking company is prudent and smart, it would have more insurance coverage because it knows that its assets can be seized to pay your damages.

How Can I Obtain Compensation for a Truck Crash?

You can obtain compensation in a truck crash case in two ways. You can negotiate a settlement directly with the trucking company’s insurance carrier. While this is a more informal way of resolving your case, it may not be any easier than going to court. Insurance companies do not like to write large checks and will do anything to avoid that outcome. You still need proof that the truck driver was responsible for the crash and extensive negotiations to receive an adequate settlement.

You can also file a lawsuit against the trucking company in court. You would go through an entire litigation process, including discovery and pre-trial motions. The likely outcome is that you would still negotiate a settlement before your case goes to trial. If you proceed to a hearing, the jury will decide whether the truck and company are liable and how much they need to pay you.

The Role of Trucking Regulations in Your Lawsuit

The trucking industry is governed by an extensive set of federal rules. These regulations dictate everything from how trucks are maintained to the hours a truck driver may be behind the wheel. Trucking companies must follow these regulations to the letter, and they can risk fines and enforcement actions if they are found to have violated them.

If you prove that the trucking company broke the law, it can serve as evidence of per se negligence in your lawsuit. You may not even have to prove that the truck driver was negligent based on the facts of the crash. The mere fact that the trucking company broke the law can be evidence of negligence that would be sufficient for you to win your case.

Furthermore, if you can prove that the trucking company systemically breaks the law, you may even be able to receive punitive damages if your case goes to trial. A jury can be severely angered when they see a large company rack up profits by cutting corners and imposing risks on you. Evidence of rampant violations of federal regulations can strengthen your hand if you are trying to negotiate a settlement agreement.

Do I Need a Truck Crash Lawyer?

Although truck crash lawsuits rely on many of the same legal principles as other personal injury cases, they can be far more complex. Because you have been more seriously injured, and the trucking company has more money to pay for your damages, it follows that there can be far more money on the line than there would be in a standard car crash case. When the stakes are so high, you cannot take any chances because risks can cost you money.

There are more sources of evidence that a Los Lunas truck crash lawyer would need to gather to prove fault in your case. You may prove negligence through physical evidence, such as witness testimony and crash scene pictures. You can also obtain information, such as data from the truck’s black box, showing what the driver did during the crash. Further, your attorney can also get their hands on trucking company records that show what happened behind the scenes and prove a pattern of non-compliance.

Truck crash lawsuits are often heavily contested because the insurance and trucking companies know how much money is on the line. They have hired their hard-hitting attorneys, so you need one in your corner.

Contact the Los Lunas Truck Crash Lawyers at Buchanan Law Firm, LLC to Start Your Legal Case Today

The Los Lunas truck crash lawyers at Buchanan Law Firm, LLC know the stakes involved in your claim, and we are certainly up to the job. The first step is contacting our attorneys to schedule a free initial consultation. You can speak to a lawyer today by calling us at 505-900-3559 or contacting us online. Our office is in Albuquerque, New Mexico, and we also serve clients in Santa Fe and the surrounding areas.