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Truck Driver vs. Trucking Company: Who Is at Fault?
Truck Driver vs. Trucking Company: Who Is at Fault?
When a massive commercial truck collides with another vehicle, on top of dealing with catastrophic injuries, acute emotional toil, and overwhelming financial burdens, victims often wonder who they can blame. Is it the driver behind the wheel, or does the trucking company bear the blame? Unfortunately, the answer is not always straightforward. If you have been injured in a truck crash, contact our Albuquerque truck crash lawyers at Buchanan Law Firm, LLC today to get your questions answered.
Is the Driver Always to Blame When Things Go Wrong?
Not necessarily. You can certainly hold truck drivers liable when their actions cause crashes—for instance, if a driver was texting while driving, speeding through a construction zone, or operating their vehicle while sleep-deprived, they very well may bear responsibility for any injuries you suffered.
When Do Trucking Companies Get Pulled Into the Picture?
Trucking companies cannot just hire drivers and wash their hands of any crashes. Under a legal principle called “respondeat superior,” employers are often on the hook for what their employees do while working. Additionally, if the company failed to properly screen their drivers before putting them behind the wheel of an 80,000-pound vehicle, check driving records, conduct drug tests, or verify that their drivers actually knew how to handle such massive trucks, they could be directly responsible when crashes happen.
What About Cases Where Everyone Shares Some Blame?
Real life is messy, and truck crashes often involve multiple parties making mistakes. Maybe a driver made an error in judgment, but they were also driving a truck with worn-out brakes that the company should have replaced months ago. Or perhaps a driver fell asleep at the wheel because their employer pressured them to drive beyond legal hour limits.
New Mexico recognizes this complex reality through its “comparative negligence” system. Even if you contributed to the crash in some way, you can still recover compensation as long as you were not more at fault than the other parties involved.
What Evidence Actually Matters in These Cases?
Building a strong truck crash case to claim compensation for your injuries requires the right evidence. Modern trucks are essentially computers on wheels, equipped with electronic systems that record crucial data about speed, braking, and driver behavior. This “black box” information can prove invaluable to your case.
Other critical evidence includes driver personnel files, vehicle maintenance records, company training materials, phone records, and witness statements.
Why Does It Matter Who Is Actually Responsible?
The distinction between driver and company liability is not just pedantic—it directly affects your ability to recover fair compensation. Individual truck drivers typically carry basic insurance coverage, while trucking companies maintain much higher policy limits. Plus, if you hold the company liable, you can open up additional sources of compensation. However, this will likely cause the trucking company to aggressively defend against your claims.
Get Professional Legal Help With the Albuquerque Truck Crash Lawyers at Buchanan Law Firm, LLC
If you need help holding a trucker or trucking company liable for your injuries in a truck crash, trust the Albuquerque truck crash lawyers at Buchanan Law Firm, LLC to bring our more than 20 years of experience to your case. For a free consultation, call us today at 505-900-3559 or fill out our online form. Located in Albuquerque, New Mexico, we gladly serve clients in Santa Fe and the surrounding areas.

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.

We Will Be Straight With You
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.
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.
