Truck Accidents and Liability Claims: Breaking Down Your Legal Options After a Big-Rig Collision

Truck Accident
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Truck accidents are among the most devastating motor vehicle collisions, often leaving victims with severe injuries, financial strain, and emotional trauma. The size and weight of big rigs make these accidents especially catastrophic, and the legal landscape surrounding claims is equally complex. If you’ve been involved in a truck accident, understanding your legal options is critical to protecting your rights and recovering the compensation you deserve.

Determining Liability in a Truck Accident

One of the first steps in pursuing a claim after a truck accident is determining who is responsible for the collision. Truck accidents are unique because multiple parties may share liability beyond the driver alone. Commonly liable parties include:

Truck Driver

  • Negligent Driving: Was the driver speeding, distracted, fatigued, or under the influence?
  • Violations of Regulations: Did the driver fail to comply with federal trucking regulations, like Hours-of-Service rules designed to prevent fatigue?

Trucking Company

  • Improper Hiring Practices: Did the company fail to verify the driver’s qualifications or driving record?
  • Negligent Training or Oversight: Did the company fail to provide proper training or regularly monitor the driver’s compliance with safety protocols?

Vehicle or Equipment Manufacturers

  • Defective Parts: The manufacturer could bear responsibility if a mechanical failure like a brake malfunction or tire blowout caused the accident.

Cargo Loaders

  • Improper Loading: Overloaded or improperly secured cargo can shift during transit, making a truck harder to control or stop.

Common Legal Claims After a Truck Accident

Depending on the circumstances of the collision, several types of claims may be pursued:

Personal Injury Claims

Victims of truck accidents often file personal injury claims to recover compensation for damages such as:

  • Medical Expenses: Hospital stays, surgeries, physical therapy, and ongoing medical care.
  • Lost Wages: Compensation for time away from work during recovery or loss of earning capacity if injuries prevent you from returning to your job.
  • Pain and Suffering: Non-economic damages for emotional trauma and physical pain caused by the accident.

Wrongful Death Claims

If a loved one was tragically killed in a truck accident, surviving family members can file a wrongful death claim to recover damages such as funeral expenses, lost financial support, and compensation for the loss of companionship.

Property Damage Claims

Truck accidents often involve severe vehicle and property damage. These claims aim to cover the repair or replacement costs.

Punitive Damages

In cases where gross negligence (e.g., knowingly dispatching fatigued drivers or ignoring safety regulations) is identified, victims may seek punitive damages. These damages are intended to punish reckless behavior and deter similar actions in the future.

The Role of Insurance in Truck Accident Claims

Insurance is a key factor in truck accident cases but can also present challenges for victims. Commercial trucks typically carry higher insurance limits than passenger vehicles due to the potential for significant property damage and injuries. However, this does not guarantee an easy claims process:

  • Multiple Insurance Policies: The trucking company, driver, manufacturer, and other involved parties may have policies in place. Navigating overlapping policies requires a clear understanding of liability and coverage limits.
  • Aggressive Insurance Tactics: Insurance companies may attempt to minimize payouts by undermining your claim or assigning fault to you.

Hiring an experienced attorney ensures that insurance adjusters don’t take advantage of you during this stressful time.

How Legal Representation Makes a Difference

Truck accident cases are far more complex than everyday car accident claims. With numerous parties involved, high financial stakes, and intricate regulations to consider, having legal representation can significantly impact the outcome of your case. Here’s how an attorney can help:

Comprehensive Investigation

Legal professionals can conduct a detailed investigation into the cause of the accident by examining:

  • Police and accident reports.
  • Truck driver logs and maintenance records.
  • Surveillance footage or black box data from the truck.
  • Expert testimony on mechanical failures or safety protocol violations.

Determining Liability

Attorneys untangle the web of potentially liable parties to ensure all responsible entities are identified. This is especially beneficial if more than one party contributed to the accident.

Negotiating Settlements

Insurance companies often push for quick, lowball settlements to close claims efficiently. An attorney can negotiate on your behalf, ensuring no aspect of your economic or non-economic losses is overlooked.

Litigation Support

Your lawyer can take the case to court if a settlement cannot be reached. From filing the necessary paperwork to presenting your case before a judge and jury, attorneys ensure your legal claim is as robust as possible.

New Mexico Truck Accident Lawyers

If you or a loved one has been involved in a truck accident in Albuquerque, NM, understanding your legal rights and options is crucial. At Simon Perdue Law, we specialize in personal injury cases, offering expert guidance and representation to help you navigate the complexities of truck accident claims. Our dedicated team is committed to securing the compensation you deserve. Contact us today at (505) 588-5962 to schedule a consultation and take the first step towards rebuilding your life.

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