Injured Truck Drivers
Commercial trucks are frequently involved in collisions on the highways and roads that run through New Mexico. For example, truck accidents are common on Interstates 10 and 40, in part due to heavy truck traffic. While the drivers and passengers of the vehicles that collide with commercial trucks often sustain injuries, truck drivers frequently suffer harm as well. Careless or negligent commercial drivers frequently injure one of their own, not just occupants of passenger vehicles. If you are an injured truck driver, it is in your best interest to speak with an attorney to assess the claims that you can assert. Matthew Vance is a knowledgeable Albuquerque truck accident lawyer who has lived in New Mexico for his entire life. Mr. Vance has successfully recovered multiple settlements for clients that exceed $1 million. Mr. Vance tailors his strategy in each case to fit the needs of his client, and if you engage his services, he will aggressively advocate on your behalf.Proving Liability Following a Truck Accident
Truck accidents are frequently caused by other vehicles rapidly entering the lane in front of a truck without sufficient room, causing the truck driver to either veer into another lane or collide with the vehicle. Truck accidents also can be caused by defects in the truck or the truck’s tires, or an unsafe roadway. Many cases of trucker crashes also involved simply speeding and failure to pay attention. Professional drivers have crossed the center line or median and slammed into semis headed the opposite direction because of driver fatigue, improper speed during adverse weather condition, including ice and snow, and failure to maintain lane.
While an injured truck driver may be owed workers’ compensation benefits from his or her employer, if the accident was caused by another party, the injured truck driver can seek damages via a personal injury lawsuit as well. An injuried professional driver will need to quickly pursue claims against the careless of reckless driver and the company that put them on the road. It may also be necessary to pursue a claim or claims against a broker or shipper, depending on the circumstance and the load. If the accident was caused by a defect in the road, the driver may be able to recover damages from the entity tasked with designing or maintaining the road. In cases in which the accident was caused by the driver of another vehicle, he or she may be deemed liable for the truck driver’s harm. In all of these types of cases, time is of the essence. It is important to quickly respond to the situation, investigate the crash and its causes, identify the people or companies involved and at fault, and pursue the claims vigorously.
Regardless of the exact cause of an accident, an injured truck driver will most likely assert a negligence claim in pursuit of damages. In New Mexico, the elements needed to prove negligence are duty, breach, harm, and proximate cause. In other words, the plaintiff must show that the defendant had a duty to prevent the plaintiff from being harmed, but the defendant breached that duty. The plaintiff must also show that the accident would not have happened without the breach and that he or she sustained measurable harm. A plaintiff must prove negligence by a preponderance of the evidence, which means that it is more likely than not that the defendant was negligent and should be held liable.Damages Caused by a Truck Accident
Truck accidents frequently cause back and neck injuries, traumatic brain injuries, fractures, and contusions. If you were harmed in a truck accident, you may be able to recover the cost of any medical treatment that you underwent for any injuries caused by the accident, including adaptive devices, surgeries, therapy, and out-of-pocket costs. If you could not work because of your injuries, you may be able to recover the value of your lost earnings and the loss of your capacity to earn an income in the future. Additionally, you may be able to recover compensation for the suffering and pain caused by the accident. In some cases it may be possible to recover punitive damages, damages meant to punish, from the other driver or their company for reckless, willful, wanton conduct.Discuss Your Case with a Capable Albuquerque Attorney
Truck accidents can cause substantial harm, including injuries to the truck’s driver. If you are an injured truck driver, you should discuss your options with an attorney. Matthew Vance previously worked as an insurance defense lawyer, which provides him with a unique perspective into how his opponents will evaluate your case. Mr. Vance has an office in Albuquerque, and he routinely assists victims in lawsuits in Albuquerque, Las Vegas, Santa Fe, Farmington, Taos, Los Alamos, Raton, Silver City, Gallup, Belen, Grants, Rio Rancho, Socorro, Los Lunas, Truth or Consequences, Deming, Clovis, Espanola, Hobbs, Roswell, Carlsbad, Santa Rosa, Tucumcari, Alamogordo, and Bloomfield. Mr. Vance can be reached via the form online or at (505) 242-6267 to set up a confidential and free case evaluation.