Truck Accidents Caused by Unsafe Driving Conditions in Albuquerque
Truck drivers are often under pressure to get their cargo delivered as quickly as possible. Many will resort to unsafe driving just t to meet their delivery times, which can result in a catastrophic accident. At Parnall Law Firm, LLC, our Albuquerque truck accident attorneys provide legal counseling and representation to victims of truck crashes. Since 1997, our attorneys have helped clients in a wide range of truck accident cases, including those caused by unsafe driving. If you were hurt in a truck accident, please contact our office today.
Unsafe Truck Driving in Albuquerque
Truck drivers have an incentive to make or beat their delivery deadlines. Most drivers are paid for every mile they drive, which means they are paid more if they drive more. If a truck driver can beat a delivery deadline, then the driver can move on to another job more quickly.
Unfortunately, many truck drivers resort to unsafe driving in order to earn more. Truck drivers may speed excessively to get their cargo delivered faster. Some drivers will avoid taking rest breaks and work beyond the legal limit, even though federal law maximizes the workweek to 70 hours and mandates rest breaks. These drivers may be more prone to taking drugs or medications to stay awake. The danger to other motorists is compounded when a careless truck driver also disregards road and weather conditions. Data from the Department of Transportation, for example, shows that inclement weather was a factor in nearly 30 percent of truck crash injuries in 2011.
Who Is Liable for an Albuquerque Unsafe Truck Driving Accident?
If a truck driver’s unsafe driving caused you harm, you may be able to hold the truck driver and the employer accountable for your accident injuries. You can file a personal injury claim in New Mexico and possibly recover damages if you can prove negligence.
Negligence is the failure to exercise ordinary care. To succeed in a claim based on negligence, you must show that the defendant in your case:
- Had a duty, or obligation, to exercise care;
- Breached the duty of care; and
- Caused your injuries and damages as a result of the breach.
If the defendant in your case is the truck driver, you must show that the driver had an obligation to use care, but failed to do so. For example, you would have to prove that the defendant was driving too fast in a snow storm and caused the accident as a result. You must demonstrate a close enough connection between the defendant’s breach and your injuries to hold the defendant liable.
You may also have a claim against the truck driver’s employer. In New Mexico, an employer may be held vicariously liable for its employee’s actions if the employee acted within the scope of his or her employment. You may hold an employer directly liable if it was negligent. For example, a trucking company is negligent if it failed to properly track its truck driver’s hours of service, and there were signs of driver fatigue when the crash occurred.
Key evidence is often destroyed, lost, or misplaced in truck accident cases. A truck driver’s hours-of-service records or a trucking company’s drug testing files, for example, may suddenly go missing. When this occurs, you may file a cause of action for spoliation of evidence. If a New Mexico court finds that a party intentionally destroyed evidence, it will impose sanctions.
If you prove your claim, you can recover damages that include medical expenses, lost wages, any loss of earning capacity, and more. New Mexico has a strict three-year time limit, or statute of limitations, on personal injury claims. If you do not file your claim within three years from the date of the truck accident, you may lose your right to initiate a lawsuit.
Albuquerque Truck Accident Attorneys Fighting for Your Rights
The 18 wheeler accident lawyers at Parnall Law Firm, LLC are seasoned litigators with substantial experience handling truck crash injury cases in Albuquerque. Bert Parnall and the lawyers at our firm have aggressively pursued claims against negligent drivers, trucking companies, and other parties responsible for a truck accident. We can review the facts of your case and act quickly to secure your rights. We provide aggressive representation to obtain fair and appropriate compensation for your injuries. Call us today at 505-268-6500 or via our online form to schedule an initial consultation at no cost.