Truck accidents in Albuquerque and throughout New Mexico often result in devastating consequences due to the sheer size and weight of commercial vehicles. When these accidents occur, establishing liability is crucial for victims seeking compensation for their injuries and damages. Unlike standard car accidents, trucking cases involve complex liability issues with potentially multiple responsible parties.
At Dominguez Law, we regularly help victims navigate the complexities of trucking accident claims. Understanding the essential elements required to prove liability can strengthen your case and improve your chances of obtaining fair compensation.
The Duty of Care in Commercial Trucking
All drivers owe a duty of care to others on the road, but commercial truck drivers and trucking companies are held to an even higher standard. This elevated standard exists because of the increased danger these massive vehicles pose when operated negligently.
Commercial drivers must follow not only standard traffic laws but also federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern critical aspects of commercial driving, including hours of service, vehicle maintenance, cargo loading, and driver qualifications. Proving violations of these standards is often central to establishing liability in trucking accident cases.
Establishing Breach of Duty
Once the applicable duty of care is established, you must demonstrate how the truck driver or company breached that duty. Common breaches in trucking accidents include:
- Driving while fatigued or exceeding hours-of-service limits
- Operating under the influence of drugs or alcohol
- Distracted driving, including cell phone use
- Inadequate vehicle inspections or maintenance
- Improper loading or securing of cargo
- Speeding or driving too fast for conditions
- Hiring unqualified or inadequately trained drivers
Documenting these breaches requires thorough investigation and access to records that companies may be reluctant to provide without proper legal pressure. This is where experienced legal representation becomes particularly valuable.
Causation: Linking the Breach to Your Injuries
Proving that the truck driver or company’s breach directly caused your injuries is the third essential element. This causal connection must be clearly established to recover damages. In complex accidents, this often requires accident reconstruction experts who can analyze the physics of the collision and explain how the defendant’s actions led to your specific injuries.
Trucking companies and their insurers may attempt to argue that your injuries resulted from other factors or pre-existing conditions. Countering these arguments requires comprehensive medical documentation and expert testimony linking your injuries directly to the accident.
Documenting Damages
To recover compensation, you must thoroughly document all damages resulting from the accident. These typically include:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Calculating the full extent of damages, particularly future medical needs and non-economic damages like pain and suffering requires specialized knowledge. Economic experts and life care planners often play crucial roles in accurately assessing the long-term financial impact of serious injuries.
Identifying All Potentially Liable Parties
Unlike typical car accidents where liability usually rests with one driver, trucking accidents often involve multiple responsible parties. Potential defendants may include:
- The truck driver
- The trucking company
- The owner of the truck (if different from the company)
- The cargo loader or shipper
- Maintenance providers
- Parts manufacturers (if a defect contributed to the accident)
- Government entities responsible for road maintenance
Identifying all potentially liable parties is essential for maximizing recovery, particularly in cases involving catastrophic injuries. This process requires knowledge of the trucking industry and the relationships between various entities involved in commercial transportation.
Work With Dominguez Law for Your Trucking Accident Case
Proving liability in trucking accidents requires specialized knowledge of commercial transportation regulations, access to expert witnesses, and experience handling complex multi-party litigation. At Dominguez Law, we provide aggressive and compassionate representation to trucking accident victims throughout New Mexico.
Our team understands the devastating impact these accidents have on victims and their families. We work diligently to build strong cases that establish liability and secure the full compensation our clients deserve. For a free consultation to discuss your trucking accident case, contact Dominguez Law today at (505) 850-5854 or through our online contact form.
