Accidents involving commercial vehicles can be some of the most devastating on New Mexico’s roads. These large vehicles, ranging from delivery trucks to big rigs, can cause severe damage and life-altering injuries when involved in collisions. Understanding your legal rights and the steps to take following a commercial vehicle accident is crucial to protecting your well-being and securing the compensation you deserve.
Understanding Commercial Vehicle Accidents
Commercial vehicles include a wide range of transportation vehicles such as trucks, buses, delivery vans, and other vehicles used for business purposes. Due to their size and weight, accidents involving these vehicles often result in more serious injuries and damage compared to typical car accidents. Victims of these accidents may face long-term medical issues, extensive property damage, and a complicated legal process.
Common Causes of Commercial Vehicle Accidents
There are various factors that can contribute to commercial vehicle accidents, including:
- Driver Fatigue: Long hours on the road can lead to drowsy driving, one of the leading causes of accidents involving commercial vehicles.
- Improper Maintenance: Commercial vehicles require regular maintenance to ensure they are safe for the road. Neglected maintenance can lead to mechanical failures, such as brake or tire failures, which can cause serious accidents.
- Overloaded Trucks: Exceeding weight limits can affect a truck’s ability to brake and maneuver, leading to accidents, especially in challenging driving conditions.
- Distracted Driving: Drivers of commercial vehicles can be distracted by phones, GPS devices, or other in-cab distractions, leading to accidents.
- Reckless Driving: Speeding, aggressive driving, and not adhering to road safety laws are common issues among commercial vehicle drivers, contributing to many accidents.
Injuries Commonly Resulting from Commercial Vehicle Accidents
Accidents involving commercial vehicles often result in severe injuries due to the size and weight of these vehicles. Common injuries include:
- Traumatic Brain Injuries (TBI): These can occur from the impact or from objects striking the head during a collision.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis.
- Fractures and Broken Bones: The force of the impact can cause multiple fractures, requiring long-term treatment and rehabilitation.
- Internal Injuries: Damage to internal organs can be life-threatening and may require immediate surgery.
- Burns: In accidents involving fires or explosions, victims can suffer severe burns, leading to extensive medical treatment and recovery time.
Steps to Take After a Commercial Vehicle Accident
If you are involved in an accident with a commercial vehicle, it’s important to take the following steps:
- Seek Immediate Medical Attention: Even if injuries are not immediately apparent, it’s essential to get checked by a medical professional as some injuries may develop over time.
- Call the Police: Ensure that a police report is filed as this will be crucial for any legal proceedings.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Collect Information: Get the contact details of the commercial driver, their employer, and any witnesses.
- Report the Accident to Your Insurance: Notify your insurance company as soon as possible, but be cautious about giving recorded statements without legal advice.
- Consult with an Attorney: Given the complexities of commercial vehicle accidents, it’s crucial to speak with an attorney who can guide you through the legal process.
Understanding Liability in Commercial Vehicle Accidents
Determining liability in commercial vehicle accidents can be complex. Multiple parties may be held responsible, including:
- The Driver: If the driver was negligent, such as driving under the influence or while fatigued, they can be held liable.
- The Employer: The company that owns the commercial vehicle may be held responsible if they failed to maintain the vehicle properly or if they pressured the driver to violate safety regulations.
- Manufacturers: If a mechanical failure caused the accident, the manufacturer of the faulty part may be liable.
Pursuing a Personal Injury Claim
Filing a personal injury claim after a commercial vehicle accident can be more complicated than a standard car accident claim. Here’s what you need to know:
- Statute of Limitations: In New Mexico, you generally have three years from the date of the accident to file a personal injury claim. However, some exceptions may apply, so it’s important to consult with an attorney as soon as possible.
- Collecting Evidence: Gathering evidence such as the police report, witness statements, and any available video footage is crucial to building your case.
- Calculating Damages: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future medical care.
- Negotiating with Insurance Companies: Insurance companies representing commercial vehicles often have teams of lawyers working to minimize payouts. Having an experienced attorney on your side can help ensure you receive fair compensation.
Factors the Court Considers in a Commercial Vehicle Accident Case
When evaluating a personal injury claim involving a commercial vehicle, the court will consider several factors, including:
- Severity of Injuries: The extent and impact of your injuries on your life.
- Negligence: Whether the driver or company violated safety regulations or was otherwise negligent.
- Impact on Your Life: How the accident has affected your ability to work, care for your family, and enjoy life.
- Evidence Presented: The strength of the evidence supporting your claim, including expert testimony if necessary.
When to Seek Legal Help
Commercial vehicle accidents can be overwhelming and stressful. The legal process is often complex, involving multiple parties and substantial evidence. Seeking the guidance of an experienced personal injury attorney is crucial to navigate the process and protect your rights.
How a New Mexico Personal Injury Attorney Can Assist
If you’ve been involved in an accident with a commercial vehicle, our experienced personal injury attorneys in New Mexico can provide the support and guidance you need. We can help you gather necessary evidence, file the claim, and represent you in negotiations or court proceedings to ensure your best interests are at the forefront.
Contact us at (505)-337-3505, chat with an online representative, or fill out an info sheet to set up your consultation with one of our knowledgeable Albuquerque Personal Injury Attorneys. We can discuss your case, concerns, and options to see how we can help you seek justice and compensation for your injuries.
