Victims of a truck accident can claim compensation for the damages that they have incurred by filing a civil lawsuit naming the truck driver or trucking operator as defendants. However, it is not exactly a cake walk to be able to successfully sue a trucking company. There are many Albuquerque, NM truck accident lawyers who know that to be true.
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There are many factors that come into play and the best course of action you can take when filing a lawsuit is to consult and appoint a majestic legal representative. You can reach a high caliber and highly capable lawyer using this outstanding http://accident.usattorneys.com/new-mexico/. This website has enable many people to even the playing field so they can deal with the opposition, a trucking company, who has superior resources than they do.
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Issues to consider in a Truck Accident Claim
Liability: it is important to keep in mind that the truck driver is not the only one that is liable for a negligent truck accident. Other parties can be held responsible too and will therefore be liable to pay for the damages.
These parties include the employer of the driver (the trucking company), maintenance contractors (in case it is determined that the accident was a result of a mechanical failure within one of the trucks systems), the designer or manufacturer of the rig itself (in cases where it is determined that there was an inherent manufacturing defect or safety shortfall), and of course, the truck insurance company.
According to Albuquerque, New Mexico truck accident attorneys, it is vital that all parties that can be named as defendants are listed in the lawsuit. This will ensure that the damages are paid in full.
Evidence: The pivotal point in the trial is when it comes down to evidence. Gathering sufficient concrete evidence could be the deciding factor when it comes to winning a lawsuit. Evidence is what will help your truck accident lawyer build a solid case on your behalf. Your lawyer will be able to look into service records, journey logs, and other documentation to prove negligence on part of the trucking company.You may qualify for worker’s compensation. There is no reason not to look into this. This page and website can help you find out more about this. It is http://workers-compensation.usattorneys.com/new-mexico/. You can work with your Albuquerque, New Mexico lawyer on this concern as well.
Legal fees: trucking companies make sure to hire outstanding accident defense lawyers that are paid highly to defend them in trial by all and any means lawfully possible. Unfortunately, you will not have the same type of budget when it comes to legal fees and may not be able to harness the legal resources need to win.
This is why there are dedicated and passionate personal injury lawyers that work on a contingency fee basis. What this essentially means is that the lawyer will not demand any payment prior to or during the legal proceedings. They will only take a percentage of the compensation received if they are able to win the case.
Common causes for Truck Accidents
Over the years, New Mexico truck accident lawyers have been able to identify and establish a pattern to the causes of a truck accident. Some of the most common causes for fatal truck accidents include driver fatigue, service issues with the rig, impaired driving, reckless driving, incorrect housing of the payload, and overloading, to name a few. Your legal representative will be well versed with these causes and will know exactly where to look to find proof.