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In New Mexico, fatal truck accidents are tragic events that take the lives of loved ones each year. If negligence by a truck driver or another motorist caused the truck crash that resulted in your loved one’s death, you may have grounds to pursue a wrongful death claim against the responsible party.
If you’ve lost a loved one in a fatal truck crash in Albuquerque, you need a compassionate and experienced truck accident attorney to fight for the justice and compensation your family deserves. At The Law Giant Injury Lawyers, our Albuquerque fatal truck accident lawyers have handled cases like yours, and with over $1 Billion recovered, call 505-636-3276 for a free consultation with the Law Giant today.
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Our personal injury lawyers handle a wide range of accidents and serious injuries across New Mexico.
A fatal truck accident is a collision where a commercial vehicle, such as a tractor-trailer or large truck, is involved in an incident that results in the death of one or more individuals. These accidents can occur due to various factors, including driver negligence, mechanical failures, and hazardous road conditions.
The impact of these accidents is often catastrophic, leading to serious injuries or fatalities not just for the truck driver but also for other motorists, passengers, and pedestrians.
Fatal truck accidents can often result in complex legal issues, as multiple parties may be involved. This can include the truck driver, the trucking company, manufacturers of defective parts, and even other drivers on the road. Understanding the nature of fatal truck accidents is crucial for families seeking justice and compensation for their losses.
Fatal truck accidents often stem from driver error, mechanical failures, and hazardous road conditions. While trucking companies must adhere to strict regulations, violations and oversights are common.
Some common causes of fatal truck accidents include:
Truck drivers may become distracted by texting, eating, adjusting controls, or engaging with onboard technology, leading to fatal consequences. Even a momentary lapse in attention can prevent a driver from noticing critical hazards on the road, such as sudden stops or pedestrians.
Truck drivers who exceed hours of service regulations or push through fatigue risk falling asleep at the wheel or reacting too slowly to hazards. The demanding nature of long-haul trucking can lead to chronic sleep deprivation, which severely impacts cognitive function and alertness.
Driving at excessive speeds reduces a truck driver’s ability to control their vehicle, particularly in adverse weather or heavy traffic. Speeding diminishes a driver’s reaction time and increases the stopping distance required to halt a truck weighing up to 80,000 pounds safely.
Fatal accidents occur when trucks or other vehicles attempt to pass without ensuring the maneuver can be completed safely. Trucks have significant blind spots, making it challenging for drivers to assess whether overtaking other vehicles is safe. Moreover, large trucks take longer to accelerate and decelerate than smaller vehicles, which can lead to collisions if a driver misjudges the timing of their pass.
Defective brakes, tires, or other truck components can lead to deadly accidents. Mechanical failures often result from inadequate maintenance or faulty manufacturing practices. The Federal Motor Carrier Safety Administration (FMCSA) requires regular inspections and maintenance for commercial trucks, yet many trucking companies cut corners to save time or money.
Drivers under the influence of drugs or alcohol endanger not only themselves but also everyone else on the road. Substance abuse can impair a driver’s judgment, coordination, and reaction time, leading to reckless behaviors behind the wheel.
Operating a commercial truck without adequate training or proper licensing can lead to tragic accidents. The trucking industry requires specific qualifications, including passing various tests and obtaining a Commercial Driver’s License (CDL). However, some drivers may attempt to operate large vehicles without the necessary skills or experience, leading to dangerous situations.
Overloaded or unsecured cargo can shift during transit, causing the truck to lose balance or spill hazardous materials, resulting in catastrophic crashes. When cargo is not properly loaded or secured, it can move unexpectedly while the truck is in motion, leading to rollovers or loss of control.
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Following a fatal truck accident, it is crucial to determine what went wrong and who is responsible. Our fatal truck accident lawyers will thoroughly investigate by gathering photographs, video footage, and witness statements. We will also send a Preservation of Evidence Letter to ensure critical evidence is not destroyed or altered.
Our team may enlist experts, such as accident reconstructionists, to pinpoint the causes of the accident. This comprehensive investigation is essential to building a strong case for your wrongful death claim.
Identifying the legal parties responsible for a fatal truck accident is vital for obtaining compensation. Liability may fall on multiple parties, including:
Partnering with an experienced fatal truck accident lawyer ensures all liable parties are held accountable.
If your loved one was killed in a truck accident, New Mexico law allows surviving family members to file a wrongful death lawsuit. Eligible relatives include spouses, children, and parents. A wrongful death claim seeks compensation for damages like funeral expenses, medical bills, loss of financial support, and emotional suffering.
Through a wrongful death lawsuit, your family can pursue compensation for:
You have three years from the date of death to file a wrongful death lawsuit in New Mexico. Failing to meet this deadline can bar you from recovering compensation, so it’s crucial to contact an attorney promptly to discuss your legal options.
In New Mexico, a survival action differs from a wrongful death lawsuit. A survival action is pursued on behalf of your loved one for the harm they endured before passing away, such as medical expenses or pain and suffering. This action is typically filed by the personal representative of the decedent’s estate.
Losing a loved one in a fatal truck accident is a profound experience. Hiring an experienced fatal truck accident lawyer can help ensure your family’s rights are protected and the responsible parties are held accountable.
A dedicated attorney will thoroughly investigate the crash, collect critical evidence like black box data, and navigate the complexities of state and federal trucking regulations.
They can also handle negotiations with insurance companies to ensure you receive the full compensation you deserve for medical bills, funeral costs, and the emotional toll of your loss. By hiring a lawyer, you can focus on grieving and healing while they fight for justice on your behalf, providing you with peace of mind during this challenging time.
Dealing with the loss of a loved one in a truck accident is incredibly difficult, and navigating the New Mexico legal system can be overwhelming. Let The Law Giant Injury Lawyers help you through every step of your wrongful death claim and fight for everything your family deserves.
We offer free consultations and work on a contingency basis, meaning there’s no fee unless we win your case. Contact The Law Giant at 505-900-0000 or contact us online to schedule your free consultation and take the first step toward recovery.