With trucks that weigh up to 80,000 pounds traversing busy New Mexico roadways and racking up more miles in a year than the average motor vehicle, there are many regulations placed on commercial trucks and trucking companies, as well as increased insurance requirements intended to pay for damages caused when accidents occur involving commercial vehicles. However, despite trucking and transportation being among the most regulated industries in the US, when accidents occur, it is commonly assumed that the truck driver was at fault. If you, or a driver for your company, have been involved in an accident, a trucking and transportation lawyer can play an important role in defending you against accusations of fault and setting the record straight.
Liability in Trucking Accidents
When a trucking accident occurs, generally the police will conduct an investigation and determine who they believe was at fault. The insurance companies for the parties involved will also conduct an investigation to determine if their insured was liable, and how much they are required to pay to those who incurred harm as a result of that liability. Lawyers for any of the parties involved may also investigate the case to uncover evidence that gives a greater picture of fault.
It is critical that evidence in a trucking accident case be preserved right away, as this evidence can be used to show what really happened or to counter accusations made against the driver. This evidence often includes:
- The police report that includes a narrative from the investigating officer based on the findings of their investigation.
- The truck’s black box, which can show the driver’s speed and braking before the accident occurred.
- Electronic logging devices that show truck driver compliance with hours-of-service regulations.
- Camera footage from area surveillance cameras or dashcams that can allow investigators to see how the accident occurred.
- Repair and pre-trip inspection records that show the trucking company’s compliance with maintenance regulations and the driver’s CDL compliance with pre-trip inspections.
- Personnel records that show the truck driver’s training and driving skills.
There are also various types of evidence from other drivers involved that can be useful in a trucking accident case, including their driving history, insurance, results from drug and alcohol testing performed after the accident, phone records that can reveal the use of a handheld device around the time the accident occurred, eyewitness accounts, and much more.
Contact YLAW to Discuss Your Trucking & Transportation Case
Being found liable for a transportation accident can come with far-reaching consequences for both the truck driver and the trucking company they work for, including financial responsibility for property damage, injuries, and death, possible criminal charges, fines, and penalties from state and federal regulatory agencies, loss of the driver’s CDL, and much more. Let the experienced trucking and transportation legal team at YLAW help you understand your legal options and the services we can provide to assist you after a trucking accident. Contact us for a case evaluation today.