Proving that the Trucker or Trucking Company Was Responsible for Your Losses
Determining fault in a New Mexico truck accident can be complicated, as many factors may contribute to causing a crash. To successfully recover compensation for your losses, though, you must prove that the truck driver or the trucking company caused the accident. Let’s look at what cause means and how your attorney will typically establish liability.
How Do You Show Cause in a Truck Accident Claim?
According to published reports, there are more than 168,000 commercial truck accidents in the United States every year, with some type of personal injury being reported in about one of every three crashes. Under the rules of negligence, to establish cause in a personal injury claim, you must generally show both actual cause and proximate cause. Actual cause means the accident would not have happened without the wrongful act. Proximate cause simply means that the type of injury or loss you suffered was “reasonably foreseeable” as a consequence of the wrongful act.
How Is Fault Commonly Established in a New Mexico Truck Accident Case?
To succeed in a claim for injuries sustained in a truck accident, you must demonstrate by the weight of the evidence that the defendant (party from whom you seek compensation) failed to act as a reasonable person would, causing you to suffer injury or loss. The types of evidence commonly used in commercial truck claims include:
- Eyewitness testimony from parties or bystanders
- Physical evidence, including damage to vehicles, medical reports, skid marks or other physical factors
- So-called “black box” recordings—most commercial trucks have these devices installed to record speeds, braking, turns and other data
- Expert witness testimony—Your lawyer may retain an accident reconstruction specialist or other expert, who will typically use data to reenact the crash
Contact Attorney Michael R. De La Paz for Aggressive Counsel after a New Mexico Motor Vehicle Accident
At the Law Office of Michael R. De La Paz, we bring more than a quarter of a century of practice experience to personal injury victims in New Mexico and nationwide, including people in Albuquerque, Las Cruces, Rio Rancho, Santa Fe and Roswell who have been hurt in any type of motor vehicle accident. We understand the ways that a car, truck or motorcycle accident can complicate your life and will work hard to help you get full and fair compensation for all your losses. Arrange a free consultation today to evaluate your potential case.
Handling Personal Injury Accident Cases Nationwide, Including, But Not Limited to New Mexico, Texas, Florida, Illinois and Oklahoma