Las Cruces Truck Accident Lawyers

Types of Truck Accidents

Let’s discuss the different types of common truck accidents.

• Rollover accidents. This happens when the truck rolls over. Because of its large size, such a rollover can cause immeasurable damage to any cars, pedestrians, and property in its path.
• Brake Failures. A truck driver can fail to brake soon enough or the brakes can mechanically fail, thereby causing a collision with other vehicles.
• Head-on collisions. These happen when the front of the truck crashes with the front of another vehicle.
• T-bone accident. These accidents involve the front of one vehicle colliding with the side of the other.
• Rear-end collisions. This happens when one vehicle collides with the rear end of another vehicle.
• Jackknife accidents. Such an accident happens when a truck folds between the driver’s cab and the cargo box.
• Underride accidents. When another vehicle gets trapped underneath the truck, it is called an underride accident.
• Cargo accidents. Unsecured cargo can sometimes fall off the truck and onto the roadway, causing a hazard for other drivers.

These are the common accidents we see, but any crash with a heavy semi-truck has the potential to cause severe damage.

Negligence

Truck accident liability is based on the doctrine of negligence. Negligence is the failure to take reasonable care. To bring a successful claim, you must prove the four elements of negligence, which are:

1. Duty of care,
2. Breach of duty,
3. Causation, and
4. Damages.

Essentially, you must prove that the negligent driver had a duty to drive reasonably safe (all drivers have that duty), that they breached that duty, that the breach caused an accident, and the accident resulted in your losses. Our seasoned attorneys will help you gather the evidence to prove these elements.

What Are Common Injuries Caused by a Truck Accident?

Trucks are massive vehicles. Their weight and size can cause catastrophic damage to life and property. Common truck accident injuries include the following:

• Traumatic brain injuries,
• Lacerations,
• Damage to internal organs,
• Lacerations,
• Burns,
• Spinal cord injuries,
• Broken bones or fractures,
• Back injuries,
• Amputation,
• Disfigurement,
• Paralysis,
• Coma, and
• Wrongful death.

If you or a loved one suffered these injuries or any others, contact a Las Cruces truck accident attorney and start getting your life back together.

Who Can Be Liable for a Truck Accident?

Multiple parties can be held liable in a truck accident.

• Truck driver. Intoxicated driving, distracted driving, fatigued driving, and failure to follow traffic laws are examples of truck driver negligence. Note that although the driver is responsible for the accident, the trucking company is generally liable for the driver’s actions.
• Trucking company. In addition to being sued for their driver’s negligence, trucking companies can also be liable for their own negligence. Examples include failure to provide proper job training or to conduct regular maintenance.
• Cargo loader. A failure to properly secure cargo can cause the driver to lose control or cause cargo to fall off the truck and into the roadway.
• Trucking service company. The failure to identify and repair truck issues can cause it to malfunction.
• Truck manufacturer. You may be able to hold the truck manufacturer responsible if a manufacturing or design defect caused the accident.

In addition to these parties, you might be partially at fault for the truck accident. However, if you are partially responsible, this does not bar you from financial recovery. New Mexico embraces the doctrine of pure comparative negligence, which means parties are responsible for their own negligence in an accident. You can still recover, although your compensation will be reduced by your percentage of fault.

How Can a Las Cruces Truck Accident Lawyer Help Me?

Our mission at Tawney, Acosta & Chaparro P.C. is to secure justice for you and your family by holding negligent parties accountable. Here are some of the things we will do as your legal representatives.

Answer Questions

It’s hard to have a clear head after a traumatic experience. Being the victim of a truck accident and trying to comprehend how your injuries will affect your life can leave you in shock.

We understand your predicament. You want to know how to move forward.

So we offer a free case evaluation where you will have the opportunity to speak with a real truck accident attorney. After you tell us what happened, we can assess the situation, go over your likely legal options, and discuss how we can help you.

Calculate Damages

We want to secure the maximum compensation possible for you. To do this, we will examine all the evidence to calculate an accurate value for your injuries. First, we will compile your past and current medical bills, and attempt to project what medical costs you’ll likely encounter in the future. We will also calculate your total loss of income due to the accident. Our professionals will examine your doctor’s diagnosis to determine the future impact your injuries will have on your life.

Gather Evidence

Our attorneys will help you collect any evidence that can help establish liability. This evidence can include the following:

• Photos of the accident scene,
• Black box data from the truck,
• Video footage, and
• Police reports.

Hire a truck accident attorney as soon as possible because, sometimes, this evidence can disappear. For example, video surveillance tapes from businesses or traffic cameras may be erased after 30 days or even less. Or, photos can be lost due to backup failure. This evidence is crucial to building your claim, so don’t take the risk. The sooner your attorney collects the evidence, the better.

Interview Witnesses

Eyewitnesses to the truck accident are essential to establishing fault, especially if there is no video footage available. Their accounts could be the only unbiased explanation of what happened.

Also, expert witnesses are often central figures in truck accident cases. Accident reconstructionists can recreate the accident to determine what happened. Medical professionals can also provide expert testimony where they explain your injuries and their effect on your life now and into the future.

Negotiate with the Insurance Company

You should never try to communicate with insurance companies. Unfortunately, insurance adjusters know that people don’t know what their case is worth, so they will often try to take advantage of you by getting you to jump at a quick, lowball offer. Once you accept their low offer, you can never go back and ask for more—no matter how much your injuries end up costing you.

Don’t let them take advantage of your lack of experience with injury claims. Let us handle all negotiations. Insurers don’t pull those tactics on us, because they know we’ll take the case to trial before advising you to settle for less than your claim is worth.

Represent You at Trial

Most truck accident cases are settled out of court. However, not all law firms go to trial. Some just handle the negotiation stages of your claim. But having a firm that isn’t afraid to go to trial gives you leverage during negotiations and ensures that you have experienced trial lawyers on your side if you need them.

Our lawyers have extensive courtroom experience and are prepared to represent you at trial.

Contact a Las Cruces Truck Accident Lawyer for the Justice You Deserve

At Tawney, Acosta & Chaparro P.C., our attorneys exemplify professionalism, experience, and compassion. We have experience navigating the complex laws surrounding personal injury and have earned millions of dollars for our clients. Our accomplished attorneys have been recognized for their dedication to the law and clients by various institutions, including The National Trial Lawyers’ Top 40 Under 40 and Thomson Reuters’ Super Lawyers.

And you don’t pay us anything. We only get paid if we win your case, and after you receive your award. Call us to book a free consultation appointment to learn more about your legal options.