Construction in Albuquerque is widespread. From 2016 to 2021, Albuquerque building permits for housing increased. In fact, Albuquerque had the tenth-highest increase out of all metro areas in the United States.
This means more trucks are on the roads, including cement trucks. Practically, the more cement trucks that are on the roadways, the more likely a cement truck accident is to happen.
You may be entitled to compensation if you or a loved one has been injured in a cement truck accident. An Albuquerque cement truck accident lawyer can help you build a claim against the parties responsible.
How Can a Cement Truck Accident Lawyer Help Me?
You shouldn’t have to deal with pursuing a cement truck accident claim alone. The best option after the accident is to hire a personal injury attorney immediately. You need someone with legal knowledge and experience litigating cement truck cases to advise you of your options. They can help you form your strategy.
Gathering the Evidence
A lot of evidence and paperwork needs to be gathered for a personal injury claim. An Albuquerque cement truck accident lawyer can help you get the evidence by:
- Collecting the police report of the accident,
- Talking to witnesses of the accident,
- Reviewing your medical invoices,
- Assessing your income loss, and
- Filing necessary paperwork.
This allows you more time to relax and heal with your family.
Negotiating with the Insurance Company
If you believe that the other driver is responsible for the accident, you can start by filing a claim with their insurance company. An Albuquerque cement truck accident attorney can negotiate with the insurance company on your behalf.
Never talk to the insurance company alone. Insurance companies want to settle fast. And they want to do it as cheaply as possible. An attorney can calculate the maximum compensation you deserve and use that as a guide when negotiating with the insurance company. This protects your rights and ensures that the settlement is fair and just.
Going to Court
Most accidents on the roadways are settled out of court. They never go to trial. However, there are several reasons a case can go to trial, such as:
- The insurance company does not offer you fair compensation;
- Your cement truck accident claim is denied; or
- There is a dispute about who is at fault.
Once in court, your lawyer represents you at trial. They will file motions and briefs with the court and fight aggressively on your behalf to achieve a favorable verdict for you.
Discuss your case with us during a free consultation.
Who Are the Liable Parties in a Cement Truck Accident?
There are many different parties to a cement truck accident. The facts and circumstances of each case determine which party is liable for the accident. It is not necessarily the truck driver’s fault. Common parties that can be held accountable for a cement truck accident include:
- The cement truck driver,
- The employer of the truck driver,
- The truck manufacturer, and
- The truck maintenance company.
An experienced cement truck accident lawyer can identify the parties to hold responsible for your injuries.
What Are the Common Causes of Cement Truck Accidents?
Common causes of cement truck accidents include:
- Speeding and other traffic violations,
- Driving under the influence of alcohol or drugs,
- Driver fatigue,
- Driver lacks the skill to drive a truck,
- Failure to provide truck maintenance,
- Error in truck maintenance,
- Truck manufacturing or design defects, and
- Poor weather conditions.
Many of these causes are in the driver’s control. Others reside with the employer, truck service shop, or truck manufacturer. While weather conditions may be outside anyone’s control, it’s also possible that the driver did not take appropriate precautions for the conditions.
FAQs
What Should I Do After a Cement Truck Accident?
After a cement truck accident, the first thing you need to do is call 911. The police and medical personnel will arrive at the scene. Make sure you and your loved ones receive medical attention.
After, be sure to get the contact details of the other parties to the accident as well as the contact details of any bystanders. If possible, take photos. Do not speak to the insurance company without seeking the advice of a seasoned Albuquerque personal injury attorney.
Do I Have to Report an Accident?
Yes. New Mexico law requires a driver to report an accident if it results in either (1) bodily injury or death to a person or (2) property damage of $500 or more. The driver must notify the authorities as soon as possible.
How Long Do I Have to Bring a Cement Truck Accident Lawsuit?
Under New Mexico law, you have three years to bring a cement truck accident lawsuit. If you file after that time period, your claim will most likely be dismissed.
Contact a Cement Truck Accident Lawyer in Albuquerque
At Tawney, Acosta & Chaparro P.C., we understand this is a difficult time for you. You don’t have to do anything alone. Our professional and dedicated cement truck accident lawyers have years of experience helping victims like you protect your rights and obtain justice. Contact Tawney, Acosta & Chaparro P.C. now for a free case evaluation.