Albuquerque Truck Accident Attorney

Being involved in a truck accident can be a traumatic experience leaving injured victims with long-term physical and emotional scars. While nothing can undo the accident itself, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages related to the incident. It’s important to understand the legal process of filing a truck accident claim to ensure you are getting all the compensation you are entitled to. For help, contact us to schedule a free consultation with our Albuquerque truck accident attorneys.

The Most Common Causes of Albuquerque Truck Accidents

Understanding the most common causes of such collisions is an important step towards preventing them and protecting the safety of other motorists on the road. Here is a closer look at some of the most common causes of truck accidents.

Driver Negligence

Driver negligence often plays a role in truck accidents, whether due to distracted driving, fatigue, impaired driving or simply failing to follow traffic laws. 

Poor Vehicle Maintenance and Unsecured Loads

Inadequate maintenance of trucks or improper loading can lead to brake failure, tire blowouts, and skidding. Failure to properly secure cargo can also cause a vehicle to become unbalanced which greatly increases the risk of an accident. 

Bad Weather Conditions

Heavy rain, snow, fog, or slippery roads create hazardous conditions for large trucks. Drivers should always check weather forecasts before heading out to be better prepared if they do encounter bad weather on their route. 

Speeding

Speeding significantly increases the risk of a collision as trucks take longer than usual to come to a complete stop, especially if roads are wet or icy. Driving too fast for existing conditions is dangerous for everyone on the road and must be avoided at all costs. 

Albuquerque Trucking Regulations and Common Violations

Trucking regulations are actually set at the federal level to ensure the safe, efficient transportation of goods across the country. These regulations cover areas such as driver training and licensing, vehicle maintenance, insurance requirements, and more. As with any legal regulation, there are certain violations that occur more frequently than others — here is a closer look at these common trucking violations.

Hours of Service

Hours of service regulations specify how long drivers can be on the road and have strict limits for consecutive work time to prevent fatigue-related accidents. One of the most common hours of service violations includes driving more hours than allowed by law or falsifying logbooks to extend a driver’s duty time.

The Federal Motor Carrier Safety Association (FMCSA) states that commercial drivers must take a 30-minute break after every 8 hours of service, as well as a 10-hour break after 14 hours on duty. During this 14-hour period, drivers cannot drive more than 11 hours. 

In addition, in any 7-day window, drivers cannot drive for more than 60 hours, or 70 hours in an 8-day window. Following that week of work, they must remain off-duty for at least 34 consecutive hours before starting another shift.

Vehicle Maintenance

Vehicles must be properly maintained to ensure safety for drivers as well as other motorists on the road. This includes regular inspections, oil changes, and timely brake replacements or repairs. Failure to maintain a truck can result in dangerous equipment malfunctions, leading to accidents or costly fines due to suspension of registration or license plates until repairs are made.

Unsecured Loads

All cargo must be properly secured prior to departure so that it does not shift or become unbalanced during travel. Drivers must inspect each load before setting off in order to check for proper loading and securement according to applicable laws. 

Additionally, hazardous materials must follow special safety protocols outlined by law and should never be carried without proper paperwork indicating certification that the load has been checked and secured appropriately before being transported.

Who Can Be Responsible for an Albuquerque Truck Accident?

In truck accident cases, there are multiple parties that could potentially be held liable for the damages caused by the accident. Here are some of the most common:

Truck Driver Liability

The most obvious party that can be held responsible for a truck accident is the driver of the truck itself. The driver must adhere to certain safety standards and regulations while driving on public roads. If they fail to do so, an Albuquerque truck accident lawyer may find them liable for any personal injuries caused by their negligence.

Truck Company Liability

The trucking company that employs the driver involved in the accident can also be held liable for any resulting damages. If the company did not provide adequate training or failed to properly maintain their vehicles, then they could face legal consequences.

Cargo Loaders 

Another party that could potentially be liable in a truck accident is those responsible for loading cargo onto trucks before they depart. Cargo must always be loaded correctly for vehicles to remain stable and safe as they drive down highways or even city streets. 

Manufacturer Liability

The manufacturer of the vehicle itself could also be found liable if it is determined that there was some sort of defect in its design or construction that caused an accident. In these cases, manufacturers may have to pay compensation to victims due to product liability laws. 

Another Driver

If it is proven that a third-party driver (such as a speeding motorcyclist) caused an accident involving a large truck, they too may have legal liability attached and could need to pay damages.

Why Hire Davis Kelin Law Firm For Your Albuquerque Truck Accident Claim

If you or a loved one has been injured in a truck accident, please don’t hesitate to get in touch with the Davis Kelin Law Firm. Here’s why you should work with us:

• Our firm has almost two decades of experience in handling Albuquerque personal injury lawsuits related to truck accidents and we take pride in providing superior service to our clients.
• When it comes to taking on a case, we are very selective. This means that when we decide to take on your case, we truly believe we can help you. We are focused on ensuring that all possible outcomes for your claim are explored in great detail.
• We have the necessary resources to investigate your claim and see it through to the end. Our team is composed of highly professional Albuquerque truck accident attorneys who possess the knowledge and experience required to deal with complex legal issues.

If you need help with a truck accident claim, contact us to schedule a free consultation.