Being a truck accident victim can leave you traumatized and left with nowhere to turn. Trucks are some of the most dangerous vehicles on the road. Their massive size alone can cause horrifying injuries. If you or your family has been a victim of a box truck accident, know that you do not have to face this alone. An Albuquerque box truck accident lawyer can hold the at-fault parties responsible for their actions. They can help you get the compensation you deserve.
What Is a Box Truck?
A box truck is one of the most recognizable trucks on the roadway. The front of the truck is the cab, where the driver sits and the engine is located. The back of the truck is shaped like a box or a cube. This is for cargo.
These trucks move goods, wholesale groceries, furniture, packages, clothes, and lightweight tools and equipment. Common examples are UPS trucks, U-Haul trucks, and Amazon trucks.
Are Box Trucks Dangerous?
Box trucks can be dangerous vehicles due to their large size. They also can carry a lot of cargo and are, therefore, heavy. Like all trucks, this excess size and weight make them more hazardous on the road. The National Highway Traffic Safety Administration reported that in 2021 almost 6,000 people were killed in accidents involving a large truck. This includes large box trucks.
Another reason box trucks are dangerous is that drivers generally do not need specific training to drive box trucks. This is problematic because driving a box truck is not the same as driving a car. The driver needs to know how to handle the massive truck, such as knowing how wide the turn needs to be. For UPS trucks or U-Haul trucks, for example, all that is required to drive them is a valid driver’s license. No experience in driving a box truck is required.
What Are Box Truck Accident Injuries?
Box truck accidents can leave you with debilitating injuries. These injuries might have changed your life. Maybe you cannot perform your job duties anymore. Or perhaps you cannot enjoy the pastimes you used to. Common injuries include:
- Spinal cord injuries,
- Traumatic brain injuries,
- Burns, and
These painful injuries and any others can result in expensive medical bills and a loss of financial security. Box truck accidents can also cause fatalities.
Who Is Liable for a Box Truck Accident in Albuquerque?
To receive compensation, you need to establish that the other party was negligent. Your Albuquerque box truck accident lawyer can review the evidence of the accident to help prove negligence.
What Is Negligence?
Negligence is the legal doctrine used for personal injury claims. It is the failure to exercise the ordinary care a reasonable person would have exercised in the same circumstances. To establish a negligence claim, your attorney needs to prove the following elements:
- The defendant owed you a duty of care,
- They breached their duty through their action or inaction,
- The breach of duty caused your accident, and
- You suffered damages as a result.
Your lawyer analyzes the facts of the case to determine whose negligence caused the accident.
Who Are the Possible Negligent Parties in a Box Truck Accident?
There are a few possible negligent parties in a box truck accident.
Many accidents are caused by driver negligence. This may involve distracted driving, failure to follow traffic laws, or driving under the influence.
If the truck driver was at fault, you may also be able to bring the claim against the truck driver’s employer. The employer is vicariously liable for the acts of their employee. But keep in mind that the employer is generally not liable if the driver is an independent contractor.
The employer may also be directly liable if their own actions contributed to the accident. For example, they may have been negligent in hiring an employee or failed to provide adequate training.
Another party who may be liable is the truck manufacturer. For example, you may have a claim against the manufacturer if there was a defective part in the truck or if it was assembled improperly. Similarly, the company in charge of the truck’s maintenance can be found liable if they miss an issue with the box truck during a service or routine maintenance.
What Is Comparative Negligence?
Determining the portion of fault for the accident is the next step. New Mexico is a comparative negligence state. That means that a party is liable only for the portion of the accident they caused. Likewise, you can recover only for the portion you were not responsible for. A skilled Albuquerque box truck accident attorney has the resources and knowledge to determine which party was negligent and caused the accident and how much they were at fault.
Contact a Box Truck Accident Lawyer in Albuquerque
A box truck accident can be a traumatic and emotional disaster for you and your loved ones. We know this is a difficult time for you. At Tawney, Acosta & Chaparro P.C., our experienced box truck accident lawyers stay with you from the first consultation until a settlement is secured or a verdict is reached. You will never be alone. Contact us now for a free case evaluation.