New Mexico Truck Accident Lawyer

Have you been injured from an accident with a commercial truck?

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Getting involved in a truck accident is unlike any other type of motor vehicle accident. There is a feeling of sheer fear and horror before impact. Because a truck is so large, it’s hard to prevent this type of accident from occurring. You have moments to move out of the way before impact but when you are operating a huge machine that isn’t your average vehicle, having control can prove to be difficult.

Another issue that makes trucking accidents different from that of your average car accident is that you aren’t just up against filing an insurance claim against one person, but against a corporation. This can make the claim filing process difficult. There are different parties one must go through and different steps to proving who was truly at fault. Having as much evidence as possible is a key factor. Trucking companies come prepared to try to protect themselves as much as they can when this type of accident takes place.

Because commercial trucks are such powerful machines, the risk for lifelong injury or even death is much higher than your average accident. Imagine seeing a huge machine like a commercial truck barreling towards you with only seconds to try to get out of the way. The horror and fear one must feel are imaginable. Going up against a commercial truck company can be a lengthy process including paperwork, evidence, insurance companies going back and forth, etc.

It is important to have an attorney that has extensive knowledge of these types of accidents. We are here to help you receive the justice and compensation you deserve for you or your loved one’s trucking accident. What makes us different from the rest? We have extensive knowledge about the trucking accident process and can help you through this difficult process in the quickest way possible.

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If you or a loved one has a related case, please fill out the form below to schedule a call.

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John Black Partner, Attorney at Law
Black Law Group PLLC
Santa Fe, SM
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Here’s what you need to know.

Truck driving makes up for tens of thousands of deaths in America. These accidents can be caused by anything from inexperienced drivers, distracted drivers, or simple carelessness. Although the cause of so many accidents, it is integral to note the importance of large trucks. Without them, we would not be able to effectively transport certain foods, products, and essentials that so many Americans need on a daily basis.

Finding the balance between being able to receive these essentials in the safest manner has proved to be a challenge. Although truck drivers typically must have extensive knowledge of the driving process and have the background to effectively transport, some have been known to slip through the cracks or have proven to be dishonest about their prior driving experience. Catching all of these discrepancies can prove to be difficult when running a large trucking corporation.

The common vehicle does not stand a chance in your typical trucking accident. If there is no injury involved, the chance for damage proves to be inevitable due to the fact that you are going up against a much more powerful machine than your average sedan or SUV.

What can you do to avoid a trucking collision?

Visibility

I’m sure many people have seen the notations near a truck’s mirror indicating that they might not be able to see you. It is important to have a clear view of the driver. If you can see the driver, they can probably see you which creates for less of a chance of collision.

Merging and Passing

Always be sure to look in your rearview mirror and look quickly behind you before merging or passing in front of a truck.

Cutting Off

We are all busy people and trucks do tend to move slower than the average vehicle, but it is important to proceed with patience. Cutting off a truck can make for an accident – i.e. you hitting them or you getting rear-ended.

Tailing

Tailing a truck is very dangerous because not only could you rear-end them if they need to stop short, it is a possibility your car can slide under theirs upon impact which could be fatal.

Turning

Be sure to anticipate that trucks need more room to turn as they are larger.

Common Causes of Trucking Accidents.

There are many different factors that can contribute to a trucking accident. Many of these issues have to do with an error on behalf of the driver or malfunction of the truck itself. Here are some of the most common trucking accident issues:

Fatigue – Truck drivers have to work long hours to ensure that products (especially food) are delivered on time to their destination. This can create for lack of sleep or in some cases, no sleep whatsoever. Studies have shown that a person who drives on little to no sleep can function similar to that of someone who has had too much to drink (alcohol). Some truck drivers rely on naps to ensure they are functioning at some sort of normal level of energy. Many have experienced drowsiness or falling asleep at the wheel which was the cause behind the accident at hand.

Driving Hour Regulations – There are laws in place for how long a truck driver is allowed to be behind the wheel or on the road. This is to try to prevent issues like falling asleep or drowsiness at the wheel. This is known as “hours of service regulation.” There are limits during a weekly period for how long a driver is allowed to be on the road. Once these limits are hit, the driver must not be on the road for a period of 34 hours. This assists in being able to catch up on rest. This sounds like it would be helpful, but it often contributes to many trucking-related accidents. If a driver is used to a certain schedule, it can be hard to adjust and get one’s body to “wind down.” This also creates for difficulty in being able to find resting points when one is on the road, as well as speeding issues. Because of the hour regulations, this can cause delayed arrivals which makes the driver often speed to make up for any timing issues.

Distractions - Distracted driving is one of the more common reasons behind vehicle accidents in general. Distracted driving is anything that can take the driver’s eyes away from the road in front of them. The most common distraction is texting while driving and/or phone calls. Besides texting or talking on the phone, some common distractions can include eating, turning around to get something from the back seat, putting on makeup, looking at someone else in the car, etc. Some of the more common accidents that have occurred as a result of driving distractions typically are related to speed. For example, if someone reaches in the backseat to retrieve something when they turn back around it may be difficult to match the driving speed of those around them which can result in rear-end collision or even side-swiping another vehicle.

Work Zones – Another very common type of trucking accident is work zone-related accidents. Work zones can be particularly dangerous for trucks because of how narrow the street access might be or due to the fact that there are speed restrictions. This can also pose a danger when drivers are merging or entering into oncoming traffic due to lane closures and restrictions. A lot of this also ties into speeding. Many smaller vehicles cannot gauge the amount of space a large truck needs to stop, as well as the time a truck needs to stop or merge lanes.

DUIs – Driving under the influence is a common cause of not only truck-related collisions, but also hit and run collisions, general car accidents, as well as pedestrian injury or death. DUIs include not just driving under the influence of alcohol but driving under the influence of drugs or narcotics as well. Common DUIs include because of the influence of alcohol, marijuana, or even stimulants. The larger cases have been due to drugs as opposed to alcohol-related collisions.

More Information

Some location-specific truck accident content can be found in the links below:

New Mexico Truck Accident Frequently Asked Questions (FAQ)
What makes a truck collision so much more complicated than your average car accident?
Because trucking accidents are not between just the two drivers at the scene, this creates for more of a lengthy process when it comes to a collision. The truck driver may have the company’s insurance information at hand, but they will probably need to consult with their company regarding the collision and how to proceed, especially if there is major damage to the other vehicle or major injury involved. Trucking companies will often try to fight this due to needing to maintain their image and being able to continue using their drivers to make their timed deliveries.
I’ve been in a trucking accident, what should I do now?
The first step if you have been in a major trucking accident would be to contact your insurance and an attorney. We are able to help facilitate the process so that it goes as quickly as possible. We will negotiate with the other party on your behalf and help you to get the proper compensation you deserve. Doing this by yourself can be a difficult process, especially if anything is contested, so it is wise to seek legal counsel to speak on your behalf and help you to build your case.
What is a commercial truck?
A commercial truck is a larger truck, typically used to transport commodities. This can be anything from household essentials, snack companies, etc. The drivers of these types of trucks need a commercial driver’s license in order to operate the vehicle.
Why is a commercial truck accident more dangerous than your typical car accident?
A trucking accident is considered more dangerous because of the size and weight of the vehicle. A commercial truck weighs more than your typical car or SUV so upon impact, you are more likely to sustain an injury than you are in a typical car accident. The damage to the vehicle will also be more extensive.
What are the common causes of a trucking collision?
The common causes of a trucking collision can be anything from driver experience, negligence on behalf of the driver, drowsiness, to driving under the influence. A common cause also included is visibility and vehicle capabilities. Commercial trucks need much more room to turn and maneuver so being constantly aware of your surroundings is essential in commercial truck driving.
Would I potentially be able to sue for my damages or injuries?
Suing the commercial trucking company would depend on the extent of the damage or injuries involved in the collision. If the driver is employed by the trucking company, the trucking company could potentially be held liable for the driver’s negligence in a collision. If the driver is an independent contractor, this process can be tricky. In the event that the driver is an independent contractor, it would come down to how much supervision or involvement the trucking company has with said driver.

John Black

Partner, Black Law Group

About John Black

John is a trial lawyer whose practice focuses on helping those that have been harmed by individuals and corporations. His practice includes nationwide representation of those gravely injured whether by toxic substances, pharmaceuticals, medical devices or the negligence of others. He has been recognized as a Super Lawyer for each of the past six years, and is experienced in catastrophic single-event cases and complex, multi-district litigation.

Law Firm Information
Firm: Black Law Group PLLC
Address: 505 Cerrillos Road
Suite A209
Santa Fe, NM 87501
Phone: 1.800.391.0227
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