Albuquerque Truck Accident Lawyer

Truck Accident Attorney in Albuquerque, NM

Accidents involving tractor-trailers lead to thousands of deaths per year across the country. Many more people suffer severe, life-altering injuries as a result of semi-truck crashes. New Mexico residents who have been hurt in truck crashes can have major medical bills and expenses to deal with, so it is important to speak with an Albuquerque truck accident lawyer about your case.

When You Need Help, Rely on Our Firm and Hire a Truck Accident Lawyer

The Albuquerque personal injury law firm of Berenson & Associates, PC, has worked with Albuquerque residents who have been hurt in truck accidents for more than 25 years. Our compassionate, caring attorneys understand just how serious these cases are for the people who need help. We treat every case and every client with the respect and understanding that they deserve.

While big trucks are all over our streets and highways, Albuquerque’s location means we have more than our share of large-vehicle traffic. Interstates 25 and 40 are major trucking routes that converge in our city, bringing in vehicles from every direction on a daily basis.

Tips for Avoiding Truck Accidents

When their drivers are involved in accidents, trucking companies and their insurance companies can be very aggressive in trying to defend the interests of their businesses, meaning they are often willing to fight personal injury claims every step of the way. This makes it especially important that people who have been hurt in a truck accident have experienced personal injury attorneys on their side to protect their rights and advocate for the compensation they deserve.

While you can’t control what other drivers do, you can take steps to reduce your chance of being in an accident with a large truck, such as:

• Leave more room between you and the truck than you would for a car or other passenger vehicle. This can give you time to react if the truck suddenly slows, stops, or swerves.
• Be aware of the truck’s blind spot. Semis and other large trucks have a larger blind spot than a car. You can tell if you’re in the driver’s blind spot if you can’t see their face in the side view mirror; then they likely cannot see your vehicle.
• Be cautious when a truck is turning. When trucks make wide turns, especially to the right, they can lose visibility of other vehicles near them. Stay back, and don’t pull up alongside them where they may not see you.

Potentially Liable Parties for a Truck Accident

A trucking operation is often complex and can involve many different parties. There is also a possibility that any one or several of those parties may have had something to do with the cause of an accident. This means that all the potentially liable parties one could expect in a car accident and more can be involved in a truck accident.

One of the most important things that your lawyer does is investigate the accident thoroughly to determine who may be liable for what occurred. Some of the potentially liable parties include:

One of the most important things that your lawyer does is investigate the accident thoroughly to determine who may be liable for what occurred. Some of the potentially liable parties include:

• The truck driver. In many cases, the truck driver may have failed to drive appropriately or made an error that led to the accident.
• The driver’s employer. Sometimes, the policies of the company that employs the driver, such as unreasonable delivery time expectations, could lead to more reckless driving and may signify liability in an accident.
• A different driver. There are times when a driver not directly involved in the collision is to blame for the accident. They may have been driving recklessly, and the accident occurred because others were trying to avoid a collision with them.
• The truck loader. Loading a truck improperly could cause it to become imbalanced or create risk in another way, which could lead to liability.
• The freight owner. The freight owner may have done something, such as failing to identify hazardous materials, that could lead to their being responsible for the accident.
• A part manufacturer or installer. Sometimes, the failure of a part, either by defect or improper installation, could lead to an accident and a manufacturer or installer being the defendant in a claim.
• The government. If the roads or an issue with signs or lights caused or contributed to an accident, the government in charge of those things may be held liable.

What to Do After a Truck Accident in Albuquerque

After being in a truck accident, there are several key steps you need to take to preserve your health, safety, and future legal case. Be sure to:

• Call 911 to report the accident and request immediate medical attention, even if you feel okay physically. Adrenaline is common in motor vehicle accidents, and you may not realize the extent of your injuries.

  Certain injuries, such as concussions or internal bleeding, may take longer to present symptoms. Plus, having your physical state officially documented can be beneficial to your future legal case.

• Gather the insurance and contact information of the other party involved in the crash. If they refuse to cooperate with you, don’t argue with them. Doing so can only make an already tense situation worse. It can also make them less likely to cooperate during your future legal case. Stay calm until law enforcement arrives at the crash site, then explain the situation to them. They can collect the other driver’s information on your behalf.

  If the other driver tries to flee the scene before the police show up, take a photo of their vehicle’s make and model and license plate number. Then, give it to law enforcement to help them track down the other driver.

• Collect the contact information of anyone nearby who witnessed the accident take place. During this time, don’t apologize or admit fault in the crash. If you do, it can be used against you later on. It’s important to stay calm and quiet until you’re able to seek legal counsel.
• Take photos and videos of your visible injuries.
• Take photos and videos of the crash site, including any skid marks or property damage caused by the crash.
• Take photos and videos of damage to your personal vehicle and other belongings, such as your clothing or bag.
• Hire an attorney to help you file your legal claim and gather evidence for your case.

Dealing With Insurance After a Truck Accident

After a truck accident, you may be contacted by insurance companies to discuss your claim. During this time, you don’t need your lawyer to be physically with you, but be cautious when dealing with insurance adjusters. Remember, these companies are looking for any reason to avoid paying, and anything misspoken may be used against you.

Before the meeting, it can be helpful to write down what you plan to say. Only provide them with the basic facts about the crash, such as the date, time, location, and names of those involved.

Don’t speculate about what caused the crash, and don’t apologize or admit fault. If you do, you may not be able to recover compensation.

You also want to avoid accepting a quick payout, as they’re likely lowballing their offer. If the insurance adjuster asks you to make a recorded statement or answer their questions under oath, tell them you want your lawyer present. Your attorney can help offer an extra layer of protection when dealing with insurance companies and their common tactics used to minimize payouts.

Proving Liability in a Truck Accident

The key element in winning a truck accident claim is proving that the defendant is responsible for the accident and the injuries that you suffered as a result. Because a truck accident claim is a kind of personal injury claim, it is done through proving negligence on the part of the defendant. Proving negligence is done through these three elements:

• Duty. The defendant must have had a duty to care in the situation where the accident occurred. This means that they had a responsibility to take reasonable precautions to make sure that their actions wouldn’t put others around them at any unnecessary risk. Generally, this is not difficult to prove in a situation involving a truck, as they have the potential to be dangerous if something goes wrong.
• Breach. Once the duty is established, it must be shown that the defendant breached that duty. This means that they failed to behave reasonably carefully in the situation that led to the accident. Just what this would mean in a given situation depends on who the defendant is in the case.

  The plaintiff’s lawyers need to prove both what the defendant did or didn’t do and how that was a breach of their duty. In some cases, because there could be niche knowledge involved with the trucking process, the plaintiff’s team may rely on professional witnesses to clarify what should have been done and how what was done was a breach.

• Cause. The breach of duty must lead directly to the injuries the plaintiff suffered for the defendant to be held liable. This means showing that the breach led to the accident. Once that is done, it needs to be proven that the injuries the plaintiff suffered were a direct result of the accident.

What Costs Someone May Be Liable for in a Truck Accident

If your lawyers have successfully proved negligence on the part of the defendant, then you may be able to collect damages in your truck accident case. These cover the costs that are associated with the accident.

However, they must be shown to be directly caused by the injuries that you suffered in the accident. The defendant may try to challenge the costs in some situations, so you must have documentation that links the costs to the injuries. The damages that you may be awarded fall into three categories:

• Economic damages. These are things that are easily calculable because they have a financial component and are paid out through economic damages. These damages include medical bills that have resulted from the accident, damage to your vehicle or the value of a replacement, any lost wages if you’ve had to miss work, loss of use of your vehicle while it is being repaired, and mileage to and from medical appointments.

  Future costs, which may occur with more serious injuries, are also included in economic damages. For instance, if the injuries require continued treatment, these future expenses are estimated and included. The same is true if the injuries prevent you from returning to work in the same capacity.

• Non-economic damages. An injury often results in psychological and emotional burdens in addition to economic ones. Things like pain and suffering or mental anguish are addressed with these damages. These are given a value and then compensated. While the money isn’t going to solve these issues, it can mitigate stress and challenges in other aspects of life, leaving space to manage these things.
• Punitive damages. These damages won’t be awarded in most cases. They are meant to act as a deterrent and punishment for particularly egregious behavior. Unless something a defendant did was malicious or negligent in an extreme way, punitive damages likely won’t be awarded in a truck accident claim.

New Mexico Truck Accident Laws and Comparative Negligence

It’s important to recognize that New Mexico operates on a pure comparative negligence system, and that could limit the damages that you may be able to collect. The defendant can be given the opportunity to argue that the plaintiff is at least partially responsible for their injuries.

If the court agrees, then a percentage of liability can be determined for the plaintiff. The damages that can be collected can be reduced proportionately to the liability. This is true even if the plaintiff is deemed to be more than 50% at fault.

Federal Trucking Regulations

Many trucking accidents occur as a result of a truck driver’s failure to adhere to government safety regulations. Ranging from proper cargo loading techniques to mandatory rest breaks, these safety standards established by the Federal Motor Carrier Safety Administration (FMCSA) are designed to keep motorists safe and minimize the risk of truck accidents.

Violating these guidelines can put innocent people at risk and cause a truck driver to have their commercial driver’s license (CDL) suspended. If you have been injured in a truck accident caused by a violation of government safety regulations, an Albuquerque truck accident attorney from Berenson & Associates, PC can help you seek compensation for your suffering.

Choose an Albuquerque Truck Accident Attorney From Berenson & Associates, PC

Countless clients have chosen us to handle their cases for the following reasons:

• More than 25 years of legal experience
• Fluent in English, Spanish, and Bahasa Indonesian
• Certified in accident reconstruction techniques
• Powerful courtroom presence

It’s important to hire a truck accident lawyer after being involved in a crash, no matter the circumstances of your situation. Call 505-243-4400 to discuss your situation with a trusted legal professional from our firm.

How Long Can Drivers Work Without Rest?

The Department of Transportation (DOT) has mandated that truck drivers must take a 30-minute rest break for every eight hours spent driving. If a driver reaches their maximum allowed hours in a week, they are required to take a 34-hour break before returning to work.

Drivers are required to take these breaks to avoid disruptions in their circadian sleep-wake cycles, reducing their chances of falling asleep while driving. Despite these regulations, drivers may skip these breaks to keep up with deadlines and reach their destination within their employer’s designated window of time.

Federal law dictates that commercial drivers may not:

• Drive more than 11 hours a day
• Drive more than 70 hours a week
• Work more than 14 hours per day

Maintaining Vehicles and Securing Cargo

In addition to hours of service requirements, trucking companies are required to perform frequent safety inspections of their trucks. This includes checking the integrity of tire treads, replacing windshield wipers, changing headlights & taillights, inspecting trailer hitches, and replacing worn brakes as necessary. Skipping inspections can lead to mechanical failure on the roads, leading to accidents.

Part of these inspections also involves examining how cargo is loaded onto a vehicle’s trailer. Without an oversize load permit, most trucks are only permitted to weigh a maximum of 80,000 pounds.

Overloading or underloading can inhibit a truck’s maneuverability and alter its center of gravity, causing jackknifing and rollover accidents.

Cargo that is not properly tied down with dunnage bags, shoring bars, and tie-downs can shift in transit and possibly come loose, striking nearby vehicles. Proper cargo loading techniques are crucial, especially if a truck is transporting hazardous materials such as gasoline or caustic chemicals.

What Is a Semi-Truck Black Box?

An important piece of evidence during a truck accident case is the semi-truck’s black box. This device is used in commercial trucks to record their information and activity. It records what happens before, during, and after a truck accident, such as the exact moment of impact. It can also record:

• Airbag deployment
• The truck’s speed right before the crash
• Any sudden braking
• Seatbelt use
• Use of cruise control
• GPS location
• Tire pressure
• Engine oil levels
• Mechanical condition

The specific data collected by a black box varies, based on the truck and the trucking company. Black box information is used during accident cases to help determine the cause of the crash.

Common Truck Accident Injuries

Injuries to drivers and passengers in trucking accidents are often catastrophic. In the most severe accidents, the injuries result in wrongful death. Some of the most frequent injuries people suffer include:

• Crushed bones and amputations
• Burns
• Spinal cord injuries and paralysis
• Traumatic brain injuries
• Internal organ damage

These types of injuries are permanent and often require long-term medical care. The injured person is unlikely to be able to fully go back to their life before the accident. Some need around-the-clock care.

Compensation can include covering the past, current, and future losses from the accident, such as medical expenses, any lost income and benefits, and pain and suffering.

If you lost a family member in a truck accident, your family may also receive damages for funeral and burial expenses and your emotional pain and suffering due to the loss of a loved one.

New Mexico Insurance Coverage Amounts

According to the New Mexico Taxation and Revenue Department, drivers of passenger vehicles must have a minimum of liability auto insurance coverage:

• $25,000 for bodily injury to or death of one person
• $50,000 for bodily injury to or death of two or more persons
• $10,000 for property damage in any one accident

Commercial drivers must have certain coverage amounts, as well. New Mexico has regulations for cargo vehicles as follows:

• $750,000 for household goods and general freight
• $750,000 for towing expenses
• $5 million for transporting hazardous materials
• $1 million for transporting oil

We can explain how insurance limits may affect the outcome of your case.

New Mexico State Traffic Fatalities and Truck Accident Stats

According to the New Mexico Department of Transportation, in 2022, there were 466 fatal vehicle accidents in our state. This is a little lower than 2021, when there were 483 deaths, but still high in general.

In 2024, there were 15,529 motor vehicle accidents in Albuquerque. There were 99 fatalities in the city that year from car accidents, with 6,428 injuries. The most crashes happened around Lomas Boulevard near University Stadium, as well as near Central Avenue between Gibson Boulevard.

In 2024, a heavy truck accident occurred every three hours throughout New Mexico. Heavy trucks accounted for 7.5% of crashes in New Mexico, with 3,388 crashes, but 17.8% of traffic fatalities, with 79 fatalities.

Common Truck Accident FAQs

How Long Do I Have to File a Truck Accident Claim in New Mexico?

In New Mexico, victims of truck accidents can file their claims within three years of the accident. This timeline may seem long, but it’s important to file soon. The longer you wait, the harder it may become to prove your side of what happened. Certain evidence, such as surveillance footage of the crash, black box data, and eyewitness memories, may fade quickly after a crash. The closer you get to the three-year deadline, the less evidence may be available.

How Much Does a Truck Accident Lawyer Cost?

Truck accident cases, like all personal injury cases, are taken on what are called “contingency fees.” This means that if we take your case, we can handle all of the expenses up front. We only get paid if we get compensation for you. So you don’t have to worry about affording a lawyer because we take our fees from the settlement or jury award.

Do I Need a Lawyer After a Truck Accident?

You should have a lawyer in any vehicle accident case, especially in cases involving large trucks. These cases are unique because there are federal laws involved if it’s an interstate truck. Commercial vehicles may have many liable parties, which complicates the process of proving liability. The injuries in a truck accident are typically severe or fatal. The accident victims need considerable financial compensation to cover their medical bills and other losses. You can’t fight this battle alone. Let us help.

What Are the Top Causes of Truck Accidents?

There are many reasons that truck accidents occur, but some of the most common are reckless or distracted driving, driver fatigue from inadequate rest periods, jackknife and rollover accidents from slick roads or driver error, speeding, driving while intoxicated, and inability to slow down or stop when traffic slows. Regardless of the reason that your accident happened, you should talk with an attorney about your case.

Hire a Top-Notch Albuquerque Truck Accidents Lawyer

If you have been injured in a crash caused by a truck driver’s violation of a federal safety mandate, an experienced Albuquerque truck accident attorney from Berenson & Associates can examine the details of your accident and craft a strategy that increases your chances of securing a fair settlement in court.

Depending on the circumstances, you may be entitled to recover compensation for losses related to medical expenses, lost wages, pain and suffering, and property damage. Nobody should have to suffer the consequences of a negligent truck driver’s actions. Let us put our skills and vast legal knowledge to work for you so you can focus on your recovery with peace of mind.

Contact our Albuquerque lawyers now for a complimentary consultation about your case and to learn what we do for people involved in tractor-trailer accidents. Call us today at 505-243-4400 or email us your contact information.