Albuquerque Truck Accident Lawyer

When two passenger vehicles are involved in a crash, there’s always the chance for injuries or fatalities; however, it’s more likely that property damage will have the most severe consequences. This is typically because accidents between two cars are more likely to happen at slower speeds and the vehicles are similar in size. But, when a large commercial vehicle is involved in a crash with a passenger car, the end result is generally more serious, often resulting in life-altering injuries and substantial property damage.

18-Wheeler Truck Accidents

18-wheelers surpass most motor vehicles in size and weight. While the average car is approximately seven feet long, semi-trucks can be 45 to 65 feet long. Because of the added area, there is an increased risk of getting into an accident. Even smaller commercial trucks, like delivery vehicles, are more at risk to cause an accident due to their larger size and frequent stops. Understanding these dynamics is crucial for anyone involved in such incidents.

In regard to weight, the average car weighs between 3,000 and 4,000 pounds. Tractor-trailers are separated according to gross vehicle weight ratings, the highest of which exceeds 33,000 pounds. When a truck weighs ten times more than the other vehicle involved in the accident, it’s likely the occupants in the smaller car will sustain significant injuries. This disparity highlights why proper training and adherence to safety protocols are critical for truck operators.

There are also types of accidents that are unique to trucks. For example, a tractor-trailer can cause an underride or override accident—both of which are likely to be deadly. An underride crash happens when a smaller vehicle gets trapped underneath the back of the truck. While there are usually safety bars in place to prevent these kinds of wrecks, they don’t always work. An override wreck occurs when a semi drives over top of the leading vehicle. Trucks are also at risk of jackknifing, which is when the trailer swings forward and extends past the cab, usually forming an L or V shape.

Jackknife Accidents in Trucking

Since the trailer is hitched to the tractor, the truck driver has to keep safe driving techniques in mind so the trailer remains behind them. Unfortunately, when they neglect to do this, the trailer can swing out from behind the trailer and form an L or V shape. Once the trailer is no longer following the tractor, there is little the truck driver can do to remain in control. If there are motorists in the lanes next to the truck, the trailer could collide with them and cause devastating injuries. According to the Federal Motor Carrier Safety Administration, jackknife truck accidents were involved in 4,213 fatal crashes and 110,000 injury crashes in 2016, underscoring the importance of constant vigilance and adherence to safety standards in preventing these accidents.

Jackknife accidents are commonly caused by:

• Truck Driver Impairment: If a truck driver is impaired in any way, this may lessen their chances of being able to prevent a jackknifing accident. A truck driver that is texting, driving while drunk or under the influence of drugs, distracted, fatigued, or any other means that takes their attention from driving is at risk of jackknifing. All of these impairments make it possible for drivers to miss a signal light or stop signs, for example. If they need to suddenly brake, then the brakes may lock up and cause them to jackknife.
• Equipment Failure: Equipment failure in a truck may make it difficult to stop, slow, or simply maneuver the vehicle. Tire blowouts and brake failure are especially dangerous. When a driver loses traction or control, the trailer may gain more speed than the cabin which may cause the vehicle to jackknife. If equipment failed unexpectedly, it may be the manufacturing company’s fault, however, if a driver knew maintenance was needed on any part of their vehicle, they or their truck company may be held liable for not fixing it in a timely manner.
• Overloaded Truck: Just as stores, concert halls, restaurants, and generally anywhere that holds a group of people have a maximum occupancy, trucks have a set amount of weight that they can carry. If a driver overloads their truck with too much cargo or equipment, then they are not only more difficult to slow or maneuver, but they are also more susceptible to equipment failure. An overloaded truck that leads to a jackknifing accident often has the driver and/or truck company liable.
• Poorly Secured Cargo: Unstable cargo or imbalanced cargo can also lead to poor control of a truck which may increase the probability of jackknifing. If and when a truck is improperly packed or overpacked, causing the weight to be unevenly distributed, it may jackknife. In that case, it is often the fault of the driver or driving company and they will be held liable.

Because these accidents can cause devastating injuries and fatalities, the jackknife truck accident lawyers at Buckingham & Vega Law Firm can investigate to find out what led to the accident happening in the first place. Often, negligence is the reason why you were hurt, and the wreck should not have happened in the first place. A thorough investigation can uncover crucial evidence needed to establish liability.

Overloaded Truck Accidents

The Federal Highway Administration sets the maximum gross vehicle weight (GVW) for tractor-trailers in New Mexico at 86,400 pounds, with axle weights ranging from 21,600 pounds for a single truck to 34,200 pounds for a tandem truck, applicable to all interstate highways. Additionally, OSHA oversees loading and unloading regulations for off-highway locations like warehouses and retail sites, ensuring proper loading practices to enhance road safety. These regulations are particularly crucial in industries such as logging and meatpacking, where specific hazards are addressed. Compliance with these standards is essential to minimize risks.

An overloaded tractor-trailer poses various dangers on the road, affecting vehicle performance and increasing the risk of accidents. Excess weight can compromise maneuverability, especially during uphill climbs and downhill descents, making it difficult to control the vehicle. Moreover, improperly loaded cargo may lead to loose items falling off the truck, posing hazards to other motorists and potentially causing catastrophic accidents, including rollovers.

Determining liability in an overloaded truck accident can be complex, often involving multiple parties such as the driver and the trucking company. Evidence gathering is critical post-accident, utilizing resources like logbooks and black box data to identify violations and support the victim's claim. Logbooks at the location the truck was loaded can give an indication as to how much the vehicle weighed upon departure. After an accident, the black box can also be useful. A black box is a device that calculates what the vehicle is doing and when. It will have a record of events like slamming on the brakes or jackknifing. This data is instrumental in reconstructing what happened during the accident.

Working with our experienced Albuquerque truck accident attorneys and accident reconstructionist enables trucking accident victims to compile compelling evidence, strengthening their claim for rightful compensation. Our expertise in navigating the intricacies of state and federal regulations empowers clients to build a strong case.

Rollover Truck Accidents

According to Safercar, a resource powered by the National Highway Traffic Safety Administration (NHTSA), 95% of all rollovers are tripped. This happens when an external object causes a truck to roll over. Curbs, guardrails, and steep slopes can result in a tripped rollover accident. For example, if a semi is traveling up a steep hill and misjudges a turn, the vehicle could roll over and down the other side of the hill. Un-tripped rollovers happen in mostly top-heavy vehicles. Instead of an object causing the flip, these types of rollovers happen during high-speed collision avoidance measures.

Several common causes of truck rollover accidents include:

• Speeding: It requires much more time and distance for a truck to brake than your average-sized motor vehicle. A big-rig truck’s brakes are holding the weight of an entire truck, sometimes including cargo, which weighs around 70,000 pounds on average. A common cause of rollover accidents is speeding. Trucks that are going too fast will try to brake to avoid an accident, which only causes them to skid and potentially rollover. When possible, give as much space as possible between your vehicle and large trucks. The distance you put between yourself and a big-rig truck can be life-saving.
• Attentiveness: One of the most important rules of the road is simply staying alert. Being attentive and sober can save lives. A recent accident in New Mexico left over 20 people injured and 3 dead. The cause of the accident remains unknown, however giving full attention to the road ahead can help prevent a crash or collision. With enough time to react and the proper distance, even just one extra moment to make a decision can be enough.
• Insecure Cargo: If a truck is carrying too much or has not properly secured its cargo, this can cause major risks on the road. If cargo were to fall out or onto another vehicle or oncoming traffic, the outcome would be catastrophic. If you ever see a truck that seems unsafe or like they are not in control of their vehicle, keep your distance and notify authorities. Sometimes trucks carry more weight than they are recommended and/or allowed to, which makes their vehicles twice as difficult to maneuver. If they are to swerve too harshly or lose control of their vehicle, it is likely that they may rollover.
• Poor Road Conditions: You know the feeling of driving over an unexpected pothole? It’s frightening, makes your car jump a little and you feel totally out of control in the moment. Now imagine experiencing it in an 18-wheeler. For truck drivers, having proper road conditions makes a huge difference in their safety, as well as all fellow drivers. If you notice unsafe road conditions, notify authorities immediately. Even if there are no large trucks in view, there may be one at some point. If a large truck hits a big pothole, they could lose control of their vehicle and potentially rollover. Save a life. If you see something, say something.

Your lawyer will have access to a number of resources to build a case that proves the crash you were in never should have happened. We may call on an accident reconstructionist to determine what happened in the moments leading up to the collision and through the rest of the incident. Comprehensive investigations can provide the clarity needed to hold liable parties accountable.

Semi Collisions & Catastrophic Injuries

Auto accident injuries vary depending on a number of factors including the types of vehicles involved, the speed at which the crash happened, the type of wreck, and the age and health status of those involved. Common injuries include broken bones, contusions, lacerations, and whiplash. Understanding these potential outcomes can underscore the importance of seeking timely medical attention and legal guidance.

When injuries affect a person’s ability to be gainfully employed, they’re considered catastrophic. They generally have permanent, disabling effects. 

The most common catastrophic injuries we see include the following:

• Spinal cord injury. The spinal cord is a delicate structure. Even minor damage can result in lifelong consequences. Severe nerve damage and paralysis are possible. Depending on the severity, victims could be left with partial or no use of their limbs. Breathing assistance and 24-hour care may also be necessary.
• Traumatic brain injury. Anytime the skull sustains major trauma a TBI is possible. Injuries to the brain can impair speech and motor skills. Emotional functions and memory may also be impacted. While some functions can be recovered through rehabilitation, others may never return.
• Amputations. It’s not uncommon for a truck accident victim to end up with a crushed limb. When this happens, amputation may be necessary. The recovery process from surgery like that is challenging and the patient will need to learn to use prosthetic limbs in order to recover as much mobility as possible.
• Burns. Fires and explosions are possible when trucks carry hazardous or flammable materials. When a truck accident victim sustains burns, they’re likely to be in the hospital for an extended period of time. Multiple surgeries and skin grafts can aid in the healing process, but severe scarring and pain are common. Emotional support is often necessary to cope with the trauma.

Recovering from any degree of injury takes time. When you’ve sustained injuries defined as catastrophic, you may feel like you’ll never get your life back in order. Fortunately, our truck accident attorneys will fight for the compensation you need, so you can ensure the care you’re receiving maximizes your chances of recovering. Our client-centered approach prioritizes your recovery and future well-being.

Understanding New Mexico Trucking Laws

New Mexico's trucking regulations are crucial for ensuring safety on the roads. The state adheres to federal guidelines set by the Federal Motor Carrier Safety Administration (FMCSA), with additional regulations specific to our unique geographical challenges. For instance, mountainous routes require trucks to adhere to stricter speed regulations to prevent dangerous incidents like runaway trailers. These routes can exacerbate risks due to weather conditions and steep inclines.

The state also emphasizes rigorous monitoring of truck weight through weigh stations to prevent overloading, which is a common factor in truck accidents. Legal obligations include mandatory rest periods to mitigate fatigue—a leading cause of severe accidents. Understanding these laws can help victims identify potential violations in their situation, demonstrating why having a knowledgeable attorney is pivotal for navigating these complex regulations.

Investigating a Truck Accident in Albuquerque

There are a number of elements involved in a truck accident investigation. To start, your lawyer will want to collect as much information as possible from the scene. This is likely to include police reports, eyewitness statements, and photographs. After that’s been collected, they may bring in an accident reconstructionist to recreate the crash from beginning to end. That will give you a better idea of what happened and why. These detailed investigations are vital for not only establishing liability but ensuring that all responsible parties are identified and held accountable.

In many semi crashes, fatigue, distracted driving, substance abuse, and distracted driving are involved. In others, the trucking company may be at fault for pushing their drivers to work long hours or overload a trailer’s cargo so it becomes too heavy or unstable. Overloaded trucks can easily roll over during a crash, which can cause a rollover accident as well as devastation to all nearby vehicles. The truck’s black box, which contains information like the truck’s speed when the brakes were applied, velocity changes, and gear shifts, can produce information that shows the vehicle’s precise location and speed. Leveraging this technology is crucial in piecing together the events leading to a crash.

In order to prove liability, you’ll need to show how the trucker was negligent. The four legal elements of negligence include duty, breach, causation, and damages. Duty refers to the trucker’s legal obligation to drive responsibly and within the law. If they fail to do so, they’ve breached their duty. Causation refers to the truck driver’s actions that caused your injuries. When those injuries are totaled, they’re considered damages. Understanding these elements is crucial for building a comprehensive claim and ensuring that justice is served.

To learn more about the litigation process and your legal rights and options, or to get a personal injury claim started, contact our law firm today.

FAQ About Truck Accidents in Albuquerque

What Steps Should I Take Immediately After a Truck Accident in Albuquerque?

After a truck accident, your priority should be personal safety. Call 911 and request medical attention, even if injuries aren't immediately apparent. Collect evidence if possible: take photos of the scene, vehicles involved, and any visible injuries. Gather contact information from witnesses and exchange details with the truck driver. Avoid making statements about fault at the scene. Contacting a truck accident attorney in Albuquerque as soon as feasible can help protect your rights and preserve critical evidence.

How Does New Mexico Law Impact Truck Accident Claims?

New Mexico follows a comparative negligence system, meaning your compensation can be reduced by your share of fault in an accident. Understanding local traffic regulations, such as speed limits and truck lane restrictions, can be pivotal in your claim. An experienced truck accident lawyer in Albuquerque can navigate these laws, ensuring you receive appropriate compensation by highlighting violations made by the truck driver or company.

Why Are Truck Accident Claims More Complex Than Car Accidents?

Truck accident claims are often more complex due to the involvement of multiple parties, including the truck driver, trucking company, and potentially manufacturers. Larger insurance policies are usually in play, and federal regulations oversee trucking operations, adding layers of legal intricacies. Issues like driver logs, maintenance records, and cargo loading practices come into scrutiny. Legal counsel is crucial to manage these complexities and to advocate effectively on your behalf.