Albuquerque Attorneys for Truck Accidents Caused by Inadequate Training
Despite training and licensing requirements, inadequately trained truck drivers still manage to get behind the wheel and onto our roads and highways. The Albuquerque truck accident lawyers at Parnall Law Firm, LLC can help you if you were injured by an inadequately trained truck driver. We are seasoned trial advocates who can provide the guidance and representation you need to pursue your claim against the truck driver or other parties who caused your injuries. Contact our office to see how we can help you assert your rights.
Inadequate Truck Driver Training
Trucks are some of the largest vehicles on Albuquerque streets and highways, and they can pose a danger to others if the driver is not adequately trained. A truck’s weight, length, and the size of its cargo can make it particularly difficult to maneuver. Trucks are also especially dangerous if they are transporting hazardous materials.
To ensure the safety of everyone on the road, truck drivers are required by both state and federal laws to obtain a commercial driver’s license (CDL). To obtain a CDL in New Mexico, a person must pass a written and skills test administered by an approved CDL examiner. The driver has to demonstrate his or knowledge of, and ability to control, the vehicle, which includes passing a road test. They must also be familiar with several regulations that specifically apply to truck drivers, including hours-of-services (HOS) and other regulations intended to combat fatigue. Drivers who wish to transport hazardous materials must apply for an endorsement before transporting these materials.
Liability for Inadequately Trained Truck Drivers
If you were injured in a crash caused by an inadequately trained truck driver, you may file a personal injury claim to hold the driver and other parties, such as his or her employer, accountable for your injuries. Negligence is one legal theory of liability on which most plaintiffs base their claims.
Negligence requires that a plaintiff prove the defendant had a duty of care; breached the duty (either by his or her actions or failure to act); causation of injuries; and damages (such as medical bills). In New Mexico, as well as throughout the U.S., truck drivers must receive adequate training before getting behind the wheel. All drivers in New Mexico must exercise care on the road. An inadequately trained truck driver may, for example, fail to safely execute a wide turn or lack familiarity with the vehicle’s braking ability. If you can show that the driver’s inadequate training caused the accident, you may hold the driver liable for your injuries.
A truck driver’s employer may also be directly liable for the driver’s negligence. Several regulations disqualify a person from driving a truck. They include HOS regulation violations, previous drunk driving offenses, and other serious traffic infractions such as a speeding. Employers are required to conduct periodic checks on their drives’ performance history, background, and drug testing. If an employer failed adequately train its drivers, or placed an inadequately trained driver on the road, it may be directly liable for its own negligence.
An investigation into the driver and employer’s records can help determine if inadequate training caused or contributed to the accident. Obtaining this type of evidence can be a challenge. Spoliation of evidence is not unheard of in truck accident cases. Spoliation is the intentional alteration or destruction of evidence in litigation in an attempt to impede a party’s ability to prove their claim. An attorney with experience handling complex truck accident cases may be able to secure evidence before it is lost or destroyed.
Recoverable Damages in Inadequate Training Truck Accidents
A victim of an inadequately trained truck driver can obtain compensation for damages that include medical bills, lost wages, loss of earning capacity, and more. Certain relatives of a deceased victim may initiate a claim for wrongful death and receive compensation for their relative’s medical and burial expenses, loss of consortium, and other damages. There is a three-year statute of limitations, or time limit, on personal injury claims in New Mexico.
Contact an Albuquerque Truck Accident Lawyer Now for Help!
The Albuquerque truck accident attorneys at Parnall Law Firm, LLC are committed to providing truck crash victims with comprehensive legal representation in their personal injury claims. The attorneys at our firm have helped clients fight for their right to fair compensation since 1997. As our client, you can depend on our knowledge of the law and aggressive advocacy to effectively pursue your claim against the parties responsible for your injuries. Call us today at 505-268-6500 or contact us online to schedule a free consultation.