Albuquerque Fatal Truck Accident Lawyer

Fatal Truck Accident Attorney in Albuquerque, NM

Due to the sheer size and weight of a commercial truck, many trucking accidents cause widespread devastation and fatalities among the people in the smaller vehicle. If you have lost a loved one due to the negligence or recklessness of a truck driver, filing a wrongful death claim may be able to help you find some peace of mind through financial stability. A dedicated Albuquerque truck accident lawyer can represent your interests throughout this process.

Berenson & Associates, PC is known throughout New Mexico for providing compassionate and knowledgeable legal and moral support for our clients.

Accolades and accomplishments that set us apart include:

• Close to 20 years of legal experience
• Certified Auto Accident Reconstructionist (Attorney Berenson)
• Positive client testimonials

Your comfort and recovery are our number one priority. We would be honored to be able to show you just what that means. Call 505-243-4400 to schedule an initial consultation with our Albuquerque wrongful death attorney today.

Compensation You May Be Able To Seek

In a truck accident claim of any sort, it can be expected that the truck driver will be backed by their company and a team of legal experts. We hope to empower your claim and keep the case in your favor by using Attorney Berenson’s unique accident reconstructionist skills to pinpoint liability. If it can be determined that your loved one passed away due to the truck driver or another related party, compensation may become available that help you get through such a difficult time.

Damages we would want to consider for your trucking accident wrongful death case:

• Wages the decedent should have earned in their lifetime
• Funeral and burial expenses
• Loss of consortium and companionship
• Final medical and hospitalization bills
• Punitive damages if illegal actions caused the accident
• Repair or replacement costs to vehicle

It is clear that no settlement or verdict will be able to replace a person you lost in a trucking accident, but the truth is that compensation can provide a solid financial future that helps take your mind off bills. In this way, a wrongful death claim may prove to be crucial for your own recuperation. Holding a negligent trucker or trucking company accountable also penalizes and discourages them from acting so recklessly in the future, essentially protecting everyone else on the road.

How Common Are Fatal Truck Accidents in Albuquerque?

In 2023, accidents that involved semis or heavy trucks made up 4.6% of all vehicle collisions by vehicle type in New Mexico, but they made up 15.5% of all fatal accidents, according to the New Mexico Department of Transportation (NMDOT). They were disproportionately responsible for fatal crashes. According to the National Safety Council, in 2023, New Mexico was the state with the second-highest percentage of large trucks involved in fatal crashes.

In 2023, heavy trucks and semis were 515 of the vehicles involved in Albuquerque accidents, out of 27,117 vehicles, according to NMDOT.

What Evidence Do You Need for a Wrongful Death Claim?

The evidence needed to support your wrongful death case will depend on the circumstances of the accident, so it may include:

• An accident report
• The log for the truck driver’s working hours
• Eyewitness testimony from passengers or other individuals
• Medical records of the injuries, fatal or otherwise, in the accident
• Photos and videos of the scene of the accident
• The truck driver’s experience, training, and driving qualifications
• The policies put in place by the trucking company for work hours, drug testing, and other safety regulations
• Reports of inspections and repairs to the truck
• Information from weigh stations
• Cell phone records
• CCTV of the crash
• Opinions from medical professionals

All this information is crucial for finding the at-fault party, determining who is liable, and creating an effective fatal truck accident claim. An Albuquerque fatal truck accident attorney has the resources necessary to gather information from a trucking company and take legal action against uncooperative companies. This information may show that a trucking company is liable for the accident, or a third-party contractor the company works with could be responsible. Many parties could potentially be liable in a truck accident claim.

The police report is an important piece of evidence in any accident claim, especially a fatal accident. The Albuquerque Police Department can be found at 400 Roma NW, and you can also request a traffic accident report online.

What Is the Statute of Limitations for a Wrongful Death Truck Accident Claim?

New Mexico’s fatal truck accident laws establish a statute of limitations of three years from the date a person died. Therefore, you have that long to file a claim. However, insurance claims against a trucking company’s insurer generally must be made much sooner than this. Many truck accident claims are settled out of court in negotiations between your attorney and the insurer.

However, the statute of limitations is crucial to be aware of if a reasonable settlement cannot be agreed on. If this happens, you must be sure to file the civil personal injury claim before the three years are up. If you don’t, you will be barred from recovering financial compensation through the court. The insurer will also likely drop out of negotiations with you if there’s no threat of a trial. You could be left with no financial recovery after a very long and draining process.

When you hire a fatal truck accident lawyer, your attorney will be aware of this deadline and how it affects your claim. They also know the importance of filing an insurance claim quickly. Your lawyer can represent you in negotiations with the insurer, and they can keep you from accepting a low settlement. If the case must go to court to recover what you are owed, your attorney can advocate for your interests with a strong case.

We Make Claims Easy On You

Our team genuinely wants to see you and your family as comfortable as possible throughout your wrongful death claim. In many cases, mediation can be explored to avoid a heated courtroom battle, close a case sooner, and allow you to focus on grieving and recovering. Contact our wrongful death lawyers today to learn more about mediation, your legal rights, and all we can do to make your case as stress-free as possible.