| Read Time: 4 minutes | Truck Accidents
What Does an 18-Wheeler Accident Lawyer Do?

You have legal rights if you or a loved one suffered injuries in a New Mexico 18-wheeler accident.

Because the claims process is typically complex in these cases, hiring an experienced 18-wheeler accident lawyer is essential.

Understandably, you might have many questions about what does an 18-wheeler accident lawyer do and what can a lawyer can do for you.

Read on to learn more about how the legal team at Tawney, Acosta & Chaparro P.C. can help you fight for the compensation you deserve after an 18-wheeler accident. 

Filing a Trucking Accident Lawsuit

When you hire our firm to represent you, we will handle all aspects of the litigation process, including drafting and filing the complaint, issuing subpoenas to gather additional evidence, and representing you in court.

Before filing a trucking accident lawsuit, your New Mexico 18-wheeler truck accident lawyer will thoroughly investigate the accident. This investigation involves:  

  • Gathering and reviewing police reports, 
  • Interviewing witnesses, 
  • Requesting medical records, 
  • Communicating with the defendant’s insurance company, and
  • Consulting with experts to determine liability. 

We will work tirelessly to gather all evidence and prepare a strong case against the defendant. We will negotiate with the insurance company when it’s time to send a demand.

You don’t have to worry about any confrontation. You only need to concentrate on your recovery. 

Litigating Truck Accident Cases

Litigating truck accident cases can be complex. During the discovery phase of litigation, we will work on gathering additional evidence and requesting information from the defendants.

We may schedule depositions of the truck driver, the trucking company, and any other parties involved. The defendant will likely schedule your deposition too.

The court may require you to engage in alternative dispute resolution activities, such as mediation, before setting a trial date for your case. 

If your case goes to trial, we’ll be there every step of the way. Using evidence gained through discovery, we’ll present your case, call experts who support your claims, cross-examine the defendant’s witnesses, and work to discredit any unfavorable evidence.

What Damages Can I Recover in a Truck Accident Case?

If you or a loved one suffered injuries in an 18-wheeler truck accident in New Mexico, you may be wondering what damages can I recover in a truck accident case. Damages will vary in each case because every 18-wheeler truck accident differs.

In general, damages can include:

  • Medical expenses, including hospital bills, physical therapy, and prescription medications;
  • Lost wages and future loss of earning capacity;
  • Pain and suffering from your injuries;
  • Emotional distress and mental anguish;
  • Loss of consortium; and
  • Property damage.

In some instances, you might be eligible to receive punitive damages. Punitive damages are intended to punish the party responsible for the accident and deter similar conduct in the future.

Punitive damages are typically limited to cases involving intentional acts, fraud, malice, or gross negligence. 

The amount of damages you might recover in a truck accident case will depend on the specific circumstances of the accident, who is liable, and the injuries sustained.

An experienced 18-wheeler truck accident lawyer at Tawney, Acosta & Chaparro P.C. will be able to advise you on the types of damages that may be available to you.

Who May Be Sued in a Trucking Accident Case? 

Who you can sue depends on who caused the accident. So who may be sued in a trucking accident case? You might have a valid claim against one or more parties in many instances.

Potential parties in an 18-wheeler truck accident lawsuit include the following: 

  • The driver of the 18-wheeler might be liable if they were negligent or reckless in operating the vehicle.
  • The trucking company might be liable if they failed to train the driver, properly maintain the truck, supervise the driver, or force the driver to exceed the allotted hours on the road. 
  • The manufacturer of the vehicle or its parts might be liable if a defect in the vehicle or its parts contributed to the accident.
  • The company that loaded the truck might be liable if the accident involved an overloaded or improperly loaded truck. 

Identifying all potentially responsible parties is crucial in the personal injury claims process. Your New Mexico 18-wheeler accident attorney will help you uncover all sources of recovery by identifying all liable defendants.

Sometimes, we might only discover all parties once litigation has already started. That’s why we file a complaint that includes “unknown defendants” so we can later amend the complaint to include additional defendants by name.  

Truck Accident Lawsuit Settlements 

We will work to negotiate a settlement with the insurance company for the trucking company or any other parties involved in the accident. Initial truck accident lawsuit settlement negotiations take place before filing a lawsuit.

A pre-litigation settlement can save time and money for all parties involved and avoid the uncertainty of a trial.

If we can settle on your behalf, it will typically involve the payment of a sum of money in exchange for releasing the defendant from any further claims related to the accident. 

When it becomes clear we cannot negotiate a fair and reasonable settlement, we will prepare to file a lawsuit on your behalf. If it becomes necessary to file a lawsuit, then we’ll continue to try and negotiate a settlement.

Not all truck accident lawsuit settlements require trial. 

How Much Does an 18-Wheeler Accident Lawyer Cost?

When you retain Tawney, Acosta & Chaparro P.C. to represent you in a truck accident, you will not pay any upfront fees or legal costs. We work on a contingency basis.

That means you don’t pay an hourly fee when we work on your case. Instead, we get paid only if we recover compensation on your behalf.

When you meet with an 18-wheeler accident lawyer in the initial consultation, we will explain all the details and what percentage of your settlement will cover our fees and legal costs. 

Contact a New Mexico 18-Wheeler Accident Lawyer at Tawney, Acosta & Chaparro P.C.

The litigation process can be cumbersome and complicated. However, you don’t have to go through it alone. Hiring a New Mexico 18-wheeler accident attorney at Tawney, Acosta & Chaparro P.C. means you’re in good hands.

We have years of experience representing injured truck accident victims. We’ve built a reputation for success and are prepared to take your case to trial if necessary.

Contact our office today to learn more about how we can assist you.

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Author Photo

Alejandro Acosta

Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.

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