How Can I Tell if my Albuquerque Truck Accident was Caused by Negligence?

Who is At Fault in a Big Truck Accident in New Mexico?

As with all types of vehicle crashes, fault may be assigned to any driver involved in a semi-truck accident after an investigation. When it comes to big truck accidents, there are several parties that could be considered negligent. Among them are the truck driver and the trucking company. New Mexico is “Pure Comparative Fault” state, meaning persons involved in truck accident can recover damages in nearly every circumstance, even if they are up to 99% at-fault, but their recovery will be reduced by the amount of fault.

In The Article

How to Prove Negligence in a Big Truck Accident

Truck drivers may be held personally liable for truck accidents in New Mexico if they:

• Were distracted while driving
• Were driving while intoxicated
• Were speeding or driving recklessly
• Had unsecured cargo

Trucking companies may be considered negligent for the semi-truck crash if:

• They hired unqualified drivers.
• They hired drivers with bad driving records.
• They didn’t offer proper training to drivers.
• They didn’t supply adequate supervision of drivers.
• They didn’t maintain trucks or vehicles properly.

What’s the Difference Between an Accident and Negligence?

While many define car and truck wrecks as “accidents”, the truth is there are moments of negligence that lead to most of these crashes. An accident can be defined as something unavoidable, or even something that happened even when proper precautions were taken. Negligence, on the other hand, is someone doing something or failing to do something that leads to a truck crash.
The term “truck accident” is a misrepresentation, as the majority of truck crashes involve some form of negligence. Negligent actions in a truck accident can include:

• Speeding
• Cell phone usage
• Driving too fast for adverse road conditions
• Driving while intoxicated
• Driving without the proper amount of sleep or rest
• Improper lane change
• Failure to use signals

Even in snowy, icy conditions, negligence can be found in an “accident,” if the driver was not adhering to the rules of the road.

What Evidence is Needed to Prove Negligence in a Truck Accident Case?

After you’re in a truck accident, there are ways to show that the truck driver was negligent. Evidence that can prove negligence of the driver and trucking company can include:

• Driver logs, which can show if the driver was driving more than the safe hours of service.
• Black Box Data: Many trucks have Electronic Logging Devices that show the speed at which the driver was going at the time of impact, whether the driver hit the brakes, and the engine RPMs before the accident.
• Maintenance records, which show if the trucking company was up to date on servicing their vehicles.
• Witness testimony, which help paint the picture of the scene of the accident.
• Expert testimony, including accident reconstructions and analysis of the crash.
• Cell phone records, which can show if the driver was on his cell phone.

Unlike medical records and your personal photos of the accident scene, collecting this kind of evidence can be difficult for standard citizens who are victims of large truck accidents. However, an experienced big truck accident lawyer can help collect this evidence, review it, create an analysis, and apply it all to your case to help find fault and prove negligence of the truck driver and/or the truck company.

What to Do After a Truck Accident in Albuquerque

The moments after a truck accident in New Mexico can be disorienting and scary. Your body is in shock, and something completely unexpected happened. However, knowing what to do after an Albuquerque truck accident can help your case.

Move Out of the Way

If possible, move your vehicle out of the line of traffic. This can help cars get by and avoid further crashes. If this is not possible, do not overexert yourself. Remember, you are in shock, and you may be injured, even if you don’t feel it.

Call 9-1-1

Calling 9-1-1 can help ensure that you are being as safe as possible after a truck accident. It will get you immediate medical attention and allow for a police officer to come to the scene and get a report written.

Get the Medical Attention You Need

If you need to be transported, do not waive the ambulance ride. If you are experiencing pain, be sure to communicate that with emergency medical services and any doctor you see.

Document the Scene

If you are able, or if someone else near you is able, get as many images of the scene as possible. Be sure to document all vehicles involved in the truck accident and show all the angles and the points of impact. Take video, if possible, and explain what happened during the crash while pointing the camera to the areas you’re talking about.

Collect Witness Information

Get names, phone numbers, insurance numbers, email addresses, and any additional information from all witnesses. Write notes about each witness and what they saw to help you remember.

Contact an Experienced Truck Accident Attorney in Albuquerque

The experienced truck accident attorneys at Ron Bell Injury Lawyers are ready to help you put together a truck accident case that is designed to help you get the compensation you deserve. Call us today to get your free case evaluation. 898-BELL