What To Do After A Trucking Accident

Rich
Richard J. Valle
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Cris
Criostoir (Chris) O'Cleireachain
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Mathew
Matthew J. Zamora
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Andrea
Andrea D. Harris
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What To Do After A Trucking Accident

After an accident or injury, a victim may find themselves dealing with challenges including physical pain, emotional distress, financial strain, and legal issues. Due to those stressful circumstances, a victim may not think about obtaining and preserving medical records. However, in personal injury law, these records serve as the foundation for a strong personal injury case.

At VOZH Law, our car accident lawyers, and bad faith insurance lawyers understand the importance of medical documentation in advocating for our clients' rights to ensure they receive the compensation they deserve. We also want our clients to understand the significance of medical records in personal injury cases, the types of records they (the plaintiffs) need to obtain, and the practical steps individuals can take to protect their legal interests and present a strong case.

The Unique Dangers of Trucking Accidents

The sheer size and weight of a semi-truck can make collisions extremely dangerous, especially with vehicles much smaller in comparison, such as the average car on the road. With trucks weighing up to over 20 times the weight of a car, it’s understandable why trucking accidents result in a larger number of serious injuries and fatalities.

Due to the size and weight of these trucks, braking and coming to a stop is much more difficult and takes significantly longer. If an unexpected obstacle appears in the road, or if a truck is not maintaining safe distances, the chances of a collision become quite high.

Trucks can be top-heavy or carry cargo that is not secure, making sudden turns that could result in rollover accidents. This can also lead to the spilling of cargo or hazardous materials, as well as increasing the potential of rolling into nearby vehicles.

Truck drivers will typically cover long distances in a single trip, leading to fatigue. Some drivers may push their limits and continue to drive despite their drowsiness, and this can lead to accidents caused by their compromised awareness or reaction times.

Jackknife accidents occur when the truck’s trailer swings out to the side of the truck, forming a sharp angle. This can happen when wheels lose their traction and cause issues with collisions and/or blocking multiple lanes.

Blind spots are extensive in these larger vehicles. A car driving in a truck driver’s blind spot can easily go unnoticed, especially when trying to pass, merge into traffic, or when taking wider turns.

Establishing Liability in A Trucking Accident

Trucking companies and drivers must adhere to strict federal regulations in their industry, which are often a crucial part of establishing liability in the event of an accident.

From service and maintenance requirements to background checks and drug and alcohol testing, if a company fails to adhere to these standards, it can face liability for negligence and violating safety regulations. The truck driver can be at fault for driver negligence, such as speeding, reckless or distracted driving, fatigued driving, driving under the influence, and violating traffic laws.

The state of New Mexico adheres to comparative negligence, meaning that the court will determine the percentage of fault each party bears for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.

Where Trucking Accidents Occur the Most in New Mexico

Commercial trucks heavily use New Mexico highways and byways. Here’s where many of the trucking accidents occur in New Mexico:

Interstate 40

I-40 stretches from the East to West border. Due to the hills, winding stretches, and significant traffic on I-40, the trucks can face challenges on this route.

Route 64

Also running East and West throughout northern New Mexico, the winding roads and changes in elevation can cause a lot of headaches for truck drivers, especially those who are fatigued.

Interstate 25

A major interstate running North and South, connecting cities like Santa Fe, Albuquerque, and Las Cruces, I-25 is a major transportation corridor with a higher volume of traffic, causing frequent issues with trucking accidents.

Route 550

North of Albuquerque and up to the northern border, this route has no barriers between the two directions of traffic. Vehicles, including semi-trucks, can easily cross the median into oncoming traffic and cause a collision.

The Importance of Expert Legal Representation

Trucking accidents are much more complex than typical car accidents. Multiple parties, including the truck driver, the trucking company, the mechanic, the manufacturer, the shipper of the goods, and others could be involved in the case.

Semis and truck drivers typically have technology that can help determine the location and position, as well as cameras that can better detail the events that transpired during the accident.

Since New Mexico follows a comparative negligence law, gathering the proper evidence, handling insurance claims and medical bills, and deeply understanding the trucking industry’s federal regulations are all crucial areas of expertise that can make significant differences in your case and the damages that are assessed.

What To Do After A Trucking Accident

Immediate Steps:

  • Stop your car (as safely as possible) at the scene of the incident. If you’re injured, wait for help to arrive. If you are uninjured, move your car out of the way of traffic and check to see if other parties involved are safe.
  • Call 911 immediately to ensure the police and ambulance services are aware of the crash and can provide quick assistance and medical attention.
  • Exchange insurance and driver’s license information with the other drivers involved in the accident. Ask the truck driver for their employer’s name and address. Be sure to note of their license plate number and any other details and photo evidence you can gather at the scene.
  • If there were witnesses of the incident, get their contact information for witness testimony. This can be a critical part of establishing liability to the correct party and receiving the compensation to which you’re entitled.
  • Tell the police what happened, but don’t admit fault or apologize even if you caused the accident. Your attorneys may uncover circumstances that can transfer some of the fault to other parties involved.
  • Get a medical evaluation for yourself and any passengers that were in the vehicle with you. Even if you feel fine, a doctor may diagnose internal injuries you might not have been aware of that need medical attention. Document if you can’t work or if injuries cause you to miss everyday activities or planned activities.
  • Wait to get your car repaired until your insurance company authorizes you to do so. However, you can bring your car to one or two independent body shops and ask them for a repair appraisal.
  • Do not share any information about the accident on your social media accounts. Insurance adjusters and attorneys will search for proof inconsistencies that they can use to discredit your claim, even if you are not at fault, or lessen your compensation.
  • Speak with an attorney who is experienced in trucking accidents to help you with your case and fight to bring your case to court and get you the justice you deserve.

Contact Us for a Free Consultation on Your New Mexico Trucking Accident Claim

Trucking accidents can be catastrophic, resulting in severe injuries or fatalities, and the aftermath can be overwhelming for victims and their families. If you or a loved one has been involved in a trucking accident, you need an experienced attorney on your side. Trust the experts at Valle, O’Cleireachain, Zamora & Harris to handle your case. Contact us today to get your free legal consultation.

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