Albuquerque Truck Accident Attorney

Fighting for Truck Accident Victims in Bernalillo County

When a car and truck collide, the car is no match for the hulking tractor-trailer. A truck’s weight and size may protect its driver from injury in a crash, but the smaller vehicle is left to absorb the crushing impact from the semi and its cargo. Unfortunately, this scenario often results in the driver of the car and the car’s passengers suffering catastrophic or even fatal injuries. 

At Law Office of Nathan Cobb, we hold negligent truck drivers and trucking companies accountable for their actions. You deserve compensation when you suffer serious injuries due to recklessness or negligence, and our team is ready to challenge trucking companies that reject claims or offer insufficient settlements. Our attorney is an experienced and aggressive litigator who is prepared to go to court to get you just compensation. 

Our Albuquerque truck accident lawyer can provide honest answers and aggressive advocacy. You owe us no legal fees unless we win, so request a free consultation today by calling (505) 572-1160 or contacting us online.

Who Is Liable for a Truck Accident?

Truck accident cases tend to be more complicated than some other types of vehicular collisions because liability may not be immediately clear. In car accidents, the liability typically revolves around the drivers of the vehicles involved. However, in truck accidents, several other parties may bear responsibility beyond the driver. Each party might have varying degrees of culpability, making it challenging to determine who is at fault. Determining liability typically requires a thorough investigation into the collision.

Depending on what happened, one or more of the following parties may be liable for your truck accident:

• The truck driver. Driver fatigue is to blame for many truck accidents and is frequently linked to violating hours-of-service regulations designed to ensure sufficient rest. If a truck driver exceeds the legally permitted driving hours without adequate breaks, this can lead to impaired judgment or slower reaction times, contributing to an accident. Additionally, reckless or negligent driving behaviors, such as speeding, aggressive lane changes, or failing to adhere to traffic signals, can make the driver liable for an accident if their actions cause a collision. A truck driver is also usually considered liable if they are found to be under the influence of drugs or alcohol at the time of an accident. 
• The trucking company. The trucking company may be liable for a truck accident in several scenarios tied to its duties and responsibilities concerning maintenance, employment practices, and adherence to regulations. One key area is negligence in hiring practices, where a company might be liable if they employ drivers with a history of reckless driving or insufficient qualifications. This includes not conducting thorough background checks or failing to verify that drivers possess the necessary training and licenses. Additionally, a trucking company can be held responsible for compelling drivers to violate hours-of-service regulations, such as setting unrealistic delivery deadlines that force drivers to forgo needed rest breaks. Failure to maintain the fleet adequately is another consideration, where neglecting regular vehicle inspections or repairs can lead to mechanical failures and subsequent accidents.
• The cargo loading company. The cargo loading company may be liable for a truck accident when improper loading practices create unsafe conditions that contribute to or directly cause an accident. Improperly secured cargo can shift during transit, drastically affecting the truck's balance and maneuverability. Such instability can result in the truck tipping over or veering out of its lane. If the loading company neglects to follow proper procedures or fails to use the correct equipment and restraints, they can be held accountable for any accidents stemming from their negligence. Additionally, if the company violates specific industry standards or regulatory requirements related to cargo weight distribution or securing techniques, this can further cement its liability. For example, when cargo exceeds weight limits or is unevenly distributed, it places additional strain on the truck, potentially leading to brake failures or decreased control, both of which heighten the risk of an accident.
• The truck maintenance company. Maintenance companies are expected to adhere to industry standards and regulations when servicing trucks. The truck maintenance company can be held liable for a truck collision if they fail to perform adequate maintenance or repairs that result in vehicle malfunction that causes or contributes to the crash. If a maintenance company neglects to properly service the brakes, tires, or steering components, any resulting equipment failure could directly lead to an accident. Additionally, if faulty repairs are made or substandard parts are used, the integrity of the vehicle's safety systems could be compromised, further increasing the risk of an accident. 
• The truck manufacturer. The truck manufacturer may be liable for a truck crash under product liability law when there are defects in the design, manufacturing, or marketing of the vehicle that lead to a collision. If a design flaw compromises the safety of the truck, such as a faulty braking system that fails to perform under normal conditions, the manufacturer can be held accountable for any resulting accidents. Similarly, manufacturing defects, which occur during the construction of the truck, can also trigger liability if these flaws contribute to an accident. Additionally, the manufacturer has a responsibility to provide clear instructions and warnings about the truck's capabilities and any potential hazards. If inadequate labeling or failure to warn users about particular limitations of the vehicle leads to misuse and subsequent accidents, the manufacturer may be liable.

When you contact our Albuquerque truck accident attorney after your crash, we can take steps to preserve evidence and build your case quickly. Trucking companies may try to falsify or destroy valuable information that supports your claim. We work with specialists to reconstruct the events leading to accidents and can file the appropriate documents to obtain maintenance records and the driver’s logbook. Our lawyer knows what to look for, how to ascertain liability, and how to build strong claims.