If you or a loved one have been injured in a vehicle accident with a large truck, you may be entitled to damages. An Albuquerque truck accident lawyer may be able to help you seek awards from:
- The truck driver
- The trucking company they work for
- The owner of the truck’s cargo
- The truck’s manufacturer
- The manufacturer of the truck’s tires, brakes, or other parts
Truck accident cases can involve multiple defendants and their insurance companies. It may seem overwhelming, but Ben Crump Law, PLLC can assist you. We will not back down in our attempts to help you seek monetary compensation. We are ready to take on nationwide transportation companies, their lawyers, and their insurance agents in an attempt to help you and your family win the awards you need to recover. To get started, call our team today at (800) 630-9229.
Motor Carriers Must Follow Special Rules and Regulations
The Insurance Institute for Highway Safety (IIHS) reports more than 4,136 people died in crashes involving large trucks in 2018. Of these fatalities, 67 percent were the occupants of passenger vehicles, while only 16 percent were truck occupants. The other 15 percent of victims were pedestrians and bicyclists. These numbers clearly show that when trucks and smaller vehicles collide, it is those in the passenger vehicles that often pay the ultimate price.
Like all motorists, truck drivers have a responsibility to others on the road. They must drive safely to prevent injuries to themselves and others. Because of this, drivers of large trucks are held to a high set of standards. According to the Federal Motor Carrier Safety Administration (FMCSA) Driver Qualification File Checklist:
- Employers must obtain and review a driver’s motor vehicle records (MVR) before they are hired. Every 12 months, employers must review a driver’s current MVR to make sure the driver continues to meet the requirements for safe driving.
- Commercial drivers must undergo a physical exam from a licensed health care provider every two years. Employers are required to have a copy of this exam on file.
- Drivers must pass a road test and obtain a certificate proving they have done so.
- Employers must obtain and review a driver’s employment history records for the previous three years before they are hired.
- Employers must ask drivers if they have tested positive or refused to take a drug or alcohol test during the previous three years. If the answer is yes, the driver must complete a “return-to-duty process” before being allowed to perform any safety-sensitive job.
- Drivers with less than one year’s experience must complete and provide an Entry Level Training Certificate.
If a trucking company fails to properly vet a driver both before and during their employment, they could be liable for your accident. It is the shipping company’s responsibility to make sure their drivers are properly trained and licensed, have a clean record, and are healthy and substance-free.
The FMCSA also has rules regarding a driver’s work hours and a truck’s size and weight limits. According to the Federal Highway Administration (FHWA), there are maximums regarding vehicle length, width, and height, as well as trailer length and gross vehicle weight. If the truck that hit you was in violation of any of these standards, liability for your accident could fall with the driver, shipping company, or the company that owns and/or packed the truck’s cargo.
The FMCSA’s Interstate Truck Driver’s Guide to Hours of Service outlines limits mandating when and for how long a truck driver can drive. These rules are in place to prevent fatigued driving. This can be a major concern for commercial drivers who are under pressure to make timely deliveries. If the driver who hit you broke these rules, they could be liable, and so could their employer.
Other reasons for driver liability may include substance abuse, speeding, driving while distracted, or disobeying traffic rules. Sometimes, the reason for truck accidents can be blamed on a vehicle defect. If either the truck or your vehicle malfunctioned, leading to your accident, you may have grounds for a product liability lawsuit.
For a free legal consultation with a truck accidents lawyer serving Albuquerque, call (800) 630-9229
A Lawyer Can Help You Seek Financial Awards
No matter the cause of your crash, an Albuquerque truck accident lawyer can help review the facts of your case to determine the responsible party or parties. Your lawyer can help you try to resolve your case outside of court through an insurance claim. However, if a settlement cannot be agreed upon, your attorney can assist you with a lawsuit. You may seek awards for:
- Emergency medical treatment, surgeries, hospital stays, drug therapies, nursing care, rehabilitation services, medical aids, and any other necessary past or future medical care
- Back pay for wages you have lost, as well as a sum to aid with your household expenses while you recover from your injuries
- A sum to compensate you for scarring, limited mobility, cognitive deficiencies, amputation, or any other permanent or long-lasting injury that reduces your ability to enjoy your life in the same way as before your accident
- Awards for mental and emotional damages, including depression, post-traumatic stress disorder (PTSD), insomnia, or any other stress or psychological injuries
- Compensation for your vehicle damages
- Awards for wrongful death if a loved one was killed in a large truck accident, including funeral and burial expenses
Albuquerque Truck Accident Lawyer Near Me (800) 630-9229
Reach Out to Ben Crump Law, PLLC
Our firm has helped past clients successfully settle their large truck accident cases both in and outside of court. With the help of an Albuquerque truck accident lawyer, you can stand up to the people responsible for your injuries. You do not need to feel alone or intimidated with the team at Ben Crump Law, PLLC on your side.
We can take your case on contingency, meaning there is no financial risk to you. If we do not settle your case, we do not take a fee. Call (800) 630-9229 to learn more and take advantage of our free consultation.