Truck Crash Lawyers for Albuquerque Residents
Truck drivers often need to swing their vehicles in order to execute turns. If a commercial driver cannot properly negotiate a turn, he or she can crash into pedestrians or other nearby cars. At Parnall Law Firm, LLC, we represent victims of serious accidents. Our experienced truck crash lawyers handle catastrophic and complex cases for individuals in Albuquerque and the surrounding area. If a big rig driver struck you while executing a swinging turn, we can help you seek damages for your injuries. Contact us today to learn more.
Tractor-trailers and Swinging Turns
A truck’s size and weight means that a driver needs ample room, and possibly several lanes of traffic, to negotiate a turn. A trucker will often have to swing the vehicle to clear the curb. If a turn is particularly wide, the driver may turn slightly left or swing into the lane of oncoming traffic once he or she actually completes the maneuver.
Truck drivers must be adequately trained before getting behind the wheel, which includes knowing how to execute turns. If a trucker fails to swing the big rig safely while making a turn, he or she can collide with other motorists or pedestrians and cause serious injury.
Hold Negligent Truck Drivers and Trucking Companies Accountable
If a commercial driver failed to safely execute a swinging turn and struck you, you have the right to seek damages for your harm. By filing a personal injury lawsuit based on negligence, you can demonstrate that the trucker was legally responsible for the crash.
Negligence is a theory of liability that holds a party accountable for harm caused by its failure to use the requisite level of care. The victim bears the burden of showing that the defendant acted carelessly, and was therefore liable for his or her injuries. These are the four main elements of a claim:
- The existence of a duty of care owed to the victim;
- The defendant’s breach of the duty;
- A causal connection between the breach and the accident; and
- Actual costs, or damages, related to the injuries.
Like all motorists in New Mexico, truck drivers must drive with care to avoid injuring others. They must undergo specialized training before receiving a license, which includes knowing how to execute turns safely. Truckers must also avoid situations that can compromise their ability to make safe turns. For example, improperly secured cargo can become loose and fall when a driver attempts a swinging turn. Failing to take the required rest breaks can also affect a trucker’s capacity to focus and gauge a maneuver. If you can link the commercial driver’s actions to your injuries, you can potentially hold him or her liable for damages you incurred in the accident.
The trucker’s employer may also be liable for your harm. You can hold it directly liable if its own negligence contributed to your injuries, such as if it hired a driver who lacked the proper training. Under the doctrine of respondent superior, the employer may also be vicariously liable for its employee’s negligence if he or she acted in furtherance of the company’s interests and within the scope of employment. Evidence in truck accident cases can sometimes disappear. When material is lost, destroyed, or altered, it is called spoliation of evidence. You can file a separate claim for this issue, and a judge can decide whether records or other items were intentionally destroyed or altered by the other party. However, you can potentially prevent spoliation by taking legal action soon after the accident.
If you prove liability, you can possibly recover compensation from the defendant in your case. Your potential recoverable damages may include reimbursement for any injury-related medical expenses, property damage, and lost income, among others. You must file your claim within three years from the date of the crash, or New Mexico law may bar you from initiating a claim.
Albuquerque Attorneys Skilled in Big Rig Accident Cases
Bert Parnall and the team of big rig accident lawyers at Parnall Law Firm, LLC offer diligent representation to people throughout the Albuquerque region. We can assess the details of your case and advise you on your legal rights. As your attorneys, we can aggressively represent your interests to pursue a favorable outcome in your case. Call our office today at 505-268-6500 or contact us through our online form to schedule a free consultation.