While many lawyers may advertise that they handle commercial truck accident cases, Albuquerque truck accident lawyers can explain that these types of cases require special handling and expertise. Albuquerque truck accident lawyers can explain that commercial truck accidents differ immensely from automotive accidents that involve other types of vehicles. Here are just a few of the differences that Albuquerque truck accident attorneys may alert you to.
It is common in commercial truck accidents that multiple parties may be involved. Additionally, multiple parties may be named as defendants in the case. Whereas a passenger vehicle accident may only involve one defendant who is the other driver, commercial truck accident cases may involve the actual driver of the truck, the owner of the truck, the company that employs the truck driver and the company that retained the truck company’s services.
While all drivers must follow state laws pertaining to safe driving, additional laws on the federal and state level regulate the trucking industry. Commercial truck drivers and companies must adhere to a wide array of laws concerning how commercial trucks must be maintained, how many hours a driver can drive before having to take a mandated break, how and when commercial trucks must be inspected and which protocols commercial trucking companies must follow. Albuquerque truck accident attorneys can check whether the trucking company or driver was compliant with all of these regulations at the time of the accident. Showing that the trucking company or truck driver was not compliant can help establish the full scope of their liability. Previous failures to comply with these regulations may also be brought up by Albuquerque truck accident lawyers during a civil trial or settlement negotiation.
Handling of Truck Cases
Experienced truck accident attorneys know that evidence is available in these types of cases that is different from typical evidence in passenger vehicle cases. For example, electronic data is saved on dashboard computers that can show the speed of the truck immediately prior to the accident, when breaks were taken, the amount of times that the driver applied the brakes and other crucial information. Additionally, specific laws require that a certified truck inspector check out the commercial truck after a reported accident.
One way that truck companies would try to avoid liability in truck accident cases is by hiring truck drivers who owned their own trucks so that the companies could claim that the driver was an independent contractor and solely responsible for his or her own actions. However, this argument has been barred by federal and state laws.
For help with your truck accident case, contact Ryan McKelvey at (505) 254-9090.