
Survived a Truck Accident? Here Are the Parties You Can Seek Compensation from
Albuquerque is in north-central New Mexico, nestled in the Albuquerque Basin, bordered by the Sandia Mountains to the east and the West Mesa to the west, with the Rio Grande flowing through. The city’s position along major highways, including I-25 and I-40, makes it a hub for commercial trucking.
Truck accidents are common here due to heavy traffic, and they frequently result in serious injuries or fatalities. If you were involved in a truck accident in Albuquerque, you may be eligible for compensation from various parties. Depending on the facts of the incident, liability may extend beyond the truck driver. Knowing your legal options can help you collect compensation for medical expenses, lost income, and psychological suffering.
Potentially Liable Parties in a Truck Accident
- Semi-Truck Driver
The semi-truck driver is often the first person investigated following an accident. Negligence on their part could involve
- Distracted driving
- FatigueÂ
- Speeding or reckless driving
- Driving under the influence
If drivers act negligently or break traffic laws, they can be held accountable for their damages. Contact a semi-truck accident attorney in Albuquerque, NM, to help you navigate the legal process.
- Trucking Company
Trucking companies can be liable for accidents involving their drivers. They may be responsible if they:
- Hired an unqualified or untrained driver
- Failed to enforce proper safety protocols
- Pressured drivers to meet unrealistic deadlines, leading to fatigue
- Did not maintain their trucks in safe operating condition
According to the legal rule of respondeat superior, an employer can be held liable for its workers’ wrongdoings if the driver behaved during their employment.Â
- Truck Manufacturer or Parts Supplier
Defective truck components, such as faulty brakes, tire blowouts, or transmission failures, can lead to catastrophic accidents. If a mechanical failure contributed to your crash, the manufacturer or parts supplier may bear liability under product liability law. To establish fault, you must prove that the defective component directly caused the accident and was unreasonably dangerous.
- Cargo Loaders and Freight Companies
Improperly loaded cargo can shift during transit, causing a truck to lose balance or jackknife. The freight firm or loading team may be held accountable if the goods were not adequately secured or exceeded weight limitations. Federal trucking regulations dictate how cargo must be loaded and secured, and violations can be grounds for a claim.
- Government Entities
Some accidents happen because of poorly maintained roads, missing traffic signs, or dangerous roadway designs. If a government agency failed to maintain the road, it could be held responsible. Filing a claim against a government entity in New Mexico has stricter procedural rules and shorter deadlines than standard personal injury cases.
- Third-Party Drivers
In some instances, another driver’s actions may have caused the truck accident. If a reckless car driver cuts off a truck, leading it to swerve and collide with your vehicle, that driver might share liability. Comparative negligence laws in New Mexico allow victims to pursue compensation even if multiple parties are at fault.
Determining Liability and Seeking Compensation
Establishing liability in a truck accident requires thorough investigation, including;
- Reviewing police reports
- Examining trucking company records
- Analyzing driver logs and vehicle maintenance records
- Consulting accident reconstruction experts
New Mexico uses a comparative negligence rule, which means your compensation may be lowered if you were somewhat at fault. If you were found to be 20% responsible for the crash, your compensation would be reduced by that percentage.
Conclusion
Surviving a truck accident can leave you facing overwhelming medical expenses, lost income, and emotional distress. Identifying the responsible parties is crucial to securing the compensation you deserve. Liability may extend beyond the driver to trucking companies, manufacturers, or government agencies. If you’ve been involved in a truck accident in Albuquerque, seeking legal guidance can help ensure you hold the correct parties accountable.
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