When you get into a truck accident, there is always a chance of devastating injuries.
Unfortunately, this often leaves the victim with long-term complications that reduce their quality of life.
At Tawney, Acosta & Chaparro P.C., we fiercely advocate for victims injured in truck accidents due to the negligence of a driver or trucking company.
Common Causes of Truck Accidents
Truck accidents have a variety of causes. Determining the cause is an important step in understanding liability.
As such, our Albuquerque truck accident lawyers always look for signs of unsafe driving, poor maintenance, or federal trucking law violations.
Some of the most common causes of truck accidents include:
- Distracted driving or DUI;
- Poor road surveillance;
- Unsafe lane changes;
- Tailgating; and
While these aren’t the only things that may cause a truck accident, they are usually major factors. This means that it’s always best to drive cautiously around large trucks.
Who Is Liable in a Truck Accident?
Unlike a standard auto crash, truck accidents may have several liable parties.
While many accidents are caused by Federal Motor Carrier Safety Administration Hours of Service (HOS) violations, others may be a result of defective truck parts or negligent technicians.
This is why it’s imperative that you collect as much evidence as possible from the scene.
It is possible that you may have a claim against the trucker, their employer, the manufacturer of the truck, or even a third-party truck repair company.
Potential Damages You May Pursue
There are two types of damages typically pursued in a truck accident.
The first is called economic damages and refers to the financial losses you endured due to the crash. Essentially, this is an expense relating to your injuries or property damage.
This includes things like:
- Hospital bills,
- Doctor’s appointments,
- Physical therapy,
- Vehicle damage,
- Lost wages, and
- Reduced future earning capacity.
The simplest way to determine economic damages is to add up the current and future costs you may encounter. Bills, receipts, and paychecks all help accurately measure any financial losses.
On the other hand, non-economic damages are more difficult to estimate.
This is because non-economic damages are all the intangible, non-financial losses associated with an injury. In other words, they can’t easily be measured with a dollar amount.
For example, some forms of non-economic damages include:
- Pain and suffering,
- Mental and emotional anguish,
- Permanent disfigurement,
- Permanent disability,
- Loss of quality of life, and
- Loss of consortium (for a victim’s spouse).
Every Albuquerque truck accident lawyer has a unique way of determining these losses. Some use a multiplier on total economic damages, while others calculate a per-day cost for the victim’s recovery.
Ultimately, the type of calculation used depends on the specific circumstances of your case.
The Statute of Limitations
All states have what’s known as a statute of limitations for truck accidents and related personal injury cases. This is a time limit that gives the victim a certain amount of time to file a lawsuit.
If they don’t file before the statute of limitations expires, they forfeit their right to bring an action.
There are very few exceptions to this rule, so we suggest contacting an Albuquerque truck accident attorney soon after your accident.
Discuss your case with us during a free consultation.
How Our Albuquerque Truck Accident Lawyers Can Help
At Tawney, Acosta & Chaparro P.C., we understand how difficult it is to manage any accident claim. However, we also know truck accidents come with their own specific hurdles. That’s why we start gathering evidence from day one.
We move quickly to ensure that evidence isn’t lost or “forgotten” over time. This means we go directly to the trucking company looking for the following:
- The driver’s service logs;
- Cargo manifests;
- Data from the truck’s electronic data recorder;
- Maintenance and repair records; and
- A background check on the driver.
In some cases, trucks may be equipped with dash cams or other electronics that track the status of the truck. We thoroughly examine this information to determine if any mechanical failures caused the accident.
In addition, we look for data that may indicate the truck driver’s unsafe driving habits.
Call an Albuquerque Trucking Accidents Attorney at Tawney, Acosta & Chaparro P.C.
When you sustain a truck accident injury, you need an attorney with years of experience taking on large insurance and logistics companies.
At Tawney, Acosta & Chaparro P.C., our Albuquerque truck accident lawyers have extensive knowledge of the unique aspects of truck crashes in New Mexico, including both negotiations and litigation.
With a 10.0 Superb rating on Avvo, we always put the needs of our clients first, providing extremely personalized service. To schedule a free consultation, please call us at (505) 605-2417 or contact us online.