Truck Accident Lawyer in Albuquerque, NM

A red and white semi truck is driving down a road.
A red and white semi truck is driving down a road.

Truck Accident Lawyer in Albuquerque, NM

Truck accidents are devastating collisions. There’s a tremendous size difference between a massive truck and an ordinary passenger vehicle. That means the occupants of the smaller car usually suffer the worst of the harm. Victims are often left with severe injuries that affect their ability to earn a living, care for themselves, and enjoy life as they once did. In many cases, medical bills alone can climb into the six figures — or beyond.

If you or a loved one were hurt in a truck accident that someone else caused, you deserve compensation. Albuquerque truck accident lawyer Richard Gonzales is The People’s Attorney, and he will help you demand and recover your financial losses.

At the Law Office of Rivera & Gonzales, we are committed to pursuing justice for injured Mexicans like you. We know what it takes to beat the big trucking companies at the negotiating table and in court. Contact us today for a free legal consultation to learn more about how we can help.

What Is Considered a Truck in New Mexico?

In Albuquerque, NM or Santa Fe, NM the term “truck” is often used interchangeably with “commercial motor vehicle,” which the state defines as any motor vehicle other than a motorcycle used principally to transport property. Some trucks weigh up to 80,000 pounds, about 20 times more than the average passenger vehicle. Types of commercial trucks found in Albuquerque include:

  • Oil tankers
  • Gas tankers
  • Box trucks
  • Semi-trucks, also called 18-wheelers, big rigs, or tractor-trailers
  • Delivery trucks
  • Refrigerated/reefer trucks
  • Tow trucks
  • Dump trucks

What Are the Common Types and Causes of Truck Crashes in Albuquerque, NM?

Hundreds of people die in truck accidents in New Mexico every year. Many of these fatal collisions were caused by the following:

  • Driver Fatigue – Truck drivers work long shifts and drive for extended periods. When they become drowsy, they are more likely to make mistakes that lead to a crash.
  • Distracted Driving – Distractions like texting, eating, and simply daydreaming increase the chances of an accident.
  • Improper Maintenance – Poorly maintained trucks are more likely to fail mechanically, leading to a crash.
  • Overloaded or Improperly Loaded Trucks – Heavy loads may cause a truck to become unstable and tip over, especially in tight turns.
  • Speeding – Truck drivers may decide to speed due to tight delivery deadlines or because they are trying to make up for the lost time. Doing so is particularly dangerous because of the size and weight of a truck and the extreme force it imparts in a collision.
  • Bad Weather Conditions – Bad weather makes roads slippery and reduces visibility. These conditions make it harder for truck drivers to avoid collisions.
  • Vehicle Defects – Poorly designed or manufactured components are more likely to fail suddenly, causing a truck driver to lose control of their vehicle.
  • Unsafe Road Conditions – Poor road conditions make it difficult for truck drivers to stay in their lane and maneuver their vehicles safely.

Common types of truck accidents include:

  • Head-On Collisions
  • Rear-End Collisions
  • Rollover Accidents
  • Underride Accidents

The Federal Motor Carrier Safety Administration (FMCSA) established regulations for trucking companies and truck drivers engaged in interstate commerce. Among other things, these regulations state that:

  • Trucking companies must carry a high amount of liability insurance coverage. For semi-trucks, this starts at $750,000 per accident and goes as high as $5 million, depending on the hazardousness of the cargo.
  • Commercial truck drivers must be at least 21, hold a valid commercial driver’s license, and speak English proficiently.
  • A driver may only operate a truck for 11 hours within a 14-hour window that begins after a 10-hour break.
  • A driver can only work 60 hours in a 7-day span or 70 hours in an 8-day span, depending on whether the company operates on a 6-day or 7-day workweek. The span resets after the driver spends at least 34 hours off-duty.
  • Trucks are only allowed on the road after they are deemed safe by an annual FMCSA inspection.
  • Trucking companies must perform routine inspections and repairs to maintain the integrity of a large truck.
  • A truck may only carry up to 20,000 pounds per axle, with the gross truck weight not exceeding 80,000 pounds.

Truck accidents are devastating collisions. There’s a tremendous size difference between a massive truck and an ordinary passenger vehicle. That means the occupants of the smaller car usually suffer the worst of the harm. Victims are often left with severe injuries that affect their ability to earn a living, care for themselves, and enjoy life as they once did. In many cases, medical bills alone can climb into the six figures — or beyond.

If you or a loved one were hurt in a truck accident that someone else caused, you deserve compensation. Albuquerque truck accident lawyer Richard Gonzales is The People’s Attorney, and he will help you demand and recover your financial losses.

At the Law Office of Rivera & Gonzales, we are committed to pursuing justice for injured Mexicans like you. We know what it takes to beat the big trucking companies at the negotiating table and in court. Contact us today for a free legal consultation to learn more about how we can help.

What Is Considered a Truck in New Mexico?

In Albuquerque, NM or Santa Fe, NM the term “truck” is often used interchangeably with “commercial motor vehicle,” which the state defines as any motor vehicle other than a motorcycle used principally to transport property. Some trucks weigh up to 80,000 pounds, about 20 times more than the average passenger vehicle. Types of commercial trucks found in Albuquerque include:

  • Oil tankers
  • Gas tankers
  • Box trucks
  • Semi-trucks, also called 18-wheelers, big rigs, or tractor-trailers
  • Delivery trucks
  • Refrigerated/reefer trucks
  • Tow trucks
  • Dump trucks

What Are the Common Types and Causes of Truck Crashes in Albuquerque, NM?

Hundreds of people die in truck accidents in New Mexico every year. Many of these fatal collisions were caused by the following:

  • Driver Fatigue – Truck drivers work long shifts and drive for extended periods. When they become drowsy, they are more likely to make mistakes that lead to a crash.
  • Distracted Driving – Distractions like texting, eating, and simply daydreaming increase the chances of an accident.
  • Improper Maintenance – Poorly maintained trucks are more likely to fail mechanically, leading to a crash.
  • Overloaded or Improperly Loaded Trucks – Heavy loads may cause a truck to become unstable and tip over, especially in tight turns.
  • Speeding – Truck drivers may decide to speed due to tight delivery deadlines or because they are trying to make up for the lost time. Doing so is particularly dangerous because of the size and weight of a truck and the extreme force it imparts in a collision.
  • Bad Weather Conditions – Bad weather makes roads slippery and reduces visibility. These conditions make it harder for truck drivers to avoid collisions.
  • Vehicle Defects – Poorly designed or manufactured components are more likely to fail suddenly, causing a truck driver to lose control of their vehicle.
  • Unsafe Road Conditions – Poor road conditions make it difficult for truck drivers to stay in their lane and maneuver their vehicles safely.

Common types of truck accidents include:

  • Head-On Collisions
  • Rear-End Collisions
  • Rollover Accidents
  • Underride Accidents

The Federal Motor Carrier Safety Administration (FMCSA) established regulations for trucking companies and truck drivers engaged in interstate commerce. Among other things, these regulations state that:

  • Trucking companies must carry a high amount of liability insurance coverage. For semi-trucks, this starts at $750,000 per accident and goes as high as $5 million, depending on the hazardousness of the cargo.
  • Commercial truck drivers must be at least 21, hold a valid commercial driver’s license, and speak English proficiently.
  • A driver may only operate a truck for 11 hours within a 14-hour window that begins after a 10-hour break.
  • A driver can only work 60 hours in a 7-day span or 70 hours in an 8-day span, depending on whether the company operates on a 6-day or 7-day workweek. The span resets after the driver spends at least 34 hours off-duty.
  • Trucks are only allowed on the road after they are deemed safe by an annual FMCSA inspection.
  • Trucking companies must perform routine inspections and repairs to maintain the integrity of a large truck.
  • A truck may only carry up to 20,000 pounds per axle, with the gross truck weight not exceeding 80,000 pounds.

What Injuries Do People Usually Suffer in a Truck Accident in Albuquerque, NM?

According to the National Safety Council, the occupants of passenger vehicles are over twice as likely to be injured and four times as likely to be killed in truck accidents compared to truck occupants. Some of the most common injuries these victims suffer include:

BROKEN BONES

The blunt force trauma caused by a truck accident can fracture, snap, and even splinter bones.

HEAD INJURIES

Any blow to the head can result in a traumatic brain injury (TBI), such as a concussion. Other head injuries common in truck accidents include skull fractures, nerve damage, and brain bleeding.

BURNS

Explosions caused by fuel tanks or hazardous materials often cause severe burns. Burns can be excruciating and necessitate months or even years of treatment.

SPINAL CORD INJURIES

Spinal cord injuries (SCIs) may lead to paralysis or impaired mobility. Even a relatively minor SCI can be life-altering.

INTERNAL INJURIES

Blunt force trauma and penetrating injuries can severely damage internal organs. Common internal injuries include kidney damage, ruptured spleens, and lacerations of internal organs.

PSYCHOLOGICAL TRAUMA

The emotional trauma of a truck accident lingers long after the injuries heal. Post-traumatic stress disorder (PTSD), depression, and anxiety are all common after a truck accident.

GET AN ADVOCATE ON YOUR SIDE

We're Here to Help

CALL US TODAY

844-424-6783

GET AN ADVOCATE ON YOUR SIDE

We're Here to Help

CALL US TODAY

844-424-6783

Who Could Be Liable in a Truck Accident in Albuquerque, NM?

Determining who is liable — that is, financially responsible — for a truck accident can be a complicated process. Depending on the circumstances, multiple parties may be to blame for an accident, including the following:

  • The truck driver – The truck driver may be liable for a crash if their actions or negligence caused the collision and they operate independently or as a contractor. Negligence includes driving under the influence, distracted driving, or not obeying traffic laws.
  • The trucking company – The truck’s owner or operator is responsible for their employee’s negligent behavior and for ensuring the vehicle’s safety. For example, the company could be liable if it didn’t maintain the truck or directly employ the driver.
  • The manufacturer – If a faulty part or design of the truck caused the accident, liability for the accident could fall on the manufacturer of that component. Similarly, those responsible for loading the cargo may be at fault if the accident occurred due to improperly loaded cargo.

How Is Fault Determined for a Truck Accident in Albuquerque, NM?

To determine who was at fault for causing a truck accident, investigators will collect and evaluate a range of evidence, such as:

  • Photos of the accident scene
  • Video footage taken by traffic, security, or dashboard cameras
  • Eyewitness accounts
  • The police report of the incident
  • Toxicology reports of the drivers
  • The truck’s electronic data recorder (EDR), or “black box”
  • The truck driver’s hours of service (HOS) logs
  • Employment records
  • Cargo manifests and bills of lading
  • Maintenance records and post-crash evaluations

Even if an accident victim was partially responsible, they could still recover compensation. New Mexico follows a comparative negligence law, meaning that both parties may share liability for their part of the fault and can recover compensation accordingly.

How Long Do I Have to File a Trucking Accident Lawsuit in Albuquerque, NM?

In New Mexico, you have two years from the date of an accident to file a lawsuit. The statute of limitations determines this time limit and applies to all personal injury cases. If you wait longer than two years, you may be prevented from filing an injury lawsuit.

How a Truck Accident Lawyer in Albuquerque or Santa Fe Help with Your Case?

After a truck accident, you should seek out an experienced truck accident lawyer in Albuquerque, NM to protect your rights and maximize your financial recovery. Your lawyer will investigate the incident, gather evidence, and interview witnesses.


They will also review documents related to the accident, including medical records, police reports, photographs, and trucking company safety logs. If necessary, your lawyer will retain experts in accident reconstruction, biomechanics, engineering, economics, and medicine to prove your case.


They will use what they find to negotiate a settlement with the trucking carrier or its insurance company. If that doesn’t work, they can take your case to court and argue it before a judge and jury.

Who Could Be Liable in a Truck Accident in Albuquerque, NM?

Determining who is liable — that is, financially responsible — for a truck accident can be a complicated process. Depending on the circumstances, multiple parties may be to blame for an accident, including the following:

  • The truck driver – The truck driver may be liable for a crash if their actions or negligence caused the collision and they operate independently or as a contractor. Negligence includes driving under the influence, distracted driving, or not obeying traffic laws.
  • The trucking company – The truck’s owner or operator is responsible for their employee’s negligent behavior and for ensuring the vehicle’s safety. For example, the company could be liable if it didn’t maintain the truck or directly employ the driver.
  • The manufacturer – If a faulty part or design of the truck caused the accident, liability for the accident could fall on the manufacturer of that component. Similarly, those responsible for loading the cargo may be at fault if the accident occurred due to improperly loaded cargo.

How Is Fault Determined for a Truck Accident in Albuquerque, NM?

To determine who was at fault for causing a truck accident, investigators will collect and evaluate a range of evidence, such as:

  • Photos of the accident scene
  • Video footage taken by traffic, security, or dashboard cameras
  • Eyewitness accounts
  • The police report of the incident
  • Toxicology reports of the drivers
  • The truck’s electronic data recorder (EDR), or “black box”
  • The truck driver’s hours of service (HOS) logs
  • Employment records
  • Cargo manifests and bills of lading
  • Maintenance records and post-crash evaluations

Even if an accident victim was partially responsible, they could still recover compensation. New Mexico follows a comparative negligence law, meaning that both parties may share liability for their part of the fault and can recover compensation accordingly.

How Long Do I Have to File a Trucking Accident Lawsuit in Albuquerque, NM?

In New Mexico, you have two years from the date of an accident to file a lawsuit. The statute of limitations determines this time limit and applies to all personal injury cases. If you wait longer than two years, you may be prevented from filing an injury lawsuit.

How a Truck Accident Lawyer in Albuquerque or Santa Fe Help with Your Case?

After a truck accident, you should seek out an experienced truck accident lawyer in Albuquerque, NM to protect your rights and maximize your financial recovery. Your lawyer will investigate the incident, gather evidence, and interview witnesses.


They will also review documents related to the accident, including medical records, police reports, photographs, and trucking company safety logs. If necessary, your lawyer will retain experts in accident reconstruction, biomechanics, engineering, economics, and medicine to prove your case.


They will use what they find to negotiate a settlement with the trucking carrier or its insurance company. If that doesn’t work, they can take your case to court and argue it before a judge and jury.

What Kinds of Damages Can I Recover in Albuquerque, NM Truck Accident?

If you’re injured in a Albuquerque, NM car accident, take the following steps to protect your health and your injury claim:

MEDICAL EXPENSES

Medical expenses related to the accident include emergency services, hospitalization, surgeries, follow-up visits, medications, physical therapy, and other costs.

PAIN AND SUFFERING

Victims may recover compensation for the physical and emotional pain and suffering they experienced because of their injuries.

EMOTIONAL DISTRESS

Victims may pursue compensation for any mental anguish or distress due to the accident.

LOST WAGES

If you missed work due to your injuries, you could pursue compensation for any wages or salary you lost during that time.

LOSS OF CONSORTIUM

Loss of consortium covers the disruption to your marital relationship due to the injuries suffered in the accident.

PROPERTY DAMAGE

If your vehicle or other personal property incurred damage in the accident, you may receive compensation for the costs associated with repairing or replacing it.

Richard Gonzales and Aaron Rivera in suits and ties are sitting next to each other and smiling.

Contact Albuquerque, NM Car Accident Attorneys Rivera & Gonzales Today

As experienced personal injury attorneys, Rivera & Gonzales are known as The People’s Attorneys for their passion — and compassion — in assisting victims of New Mexico car accidents. They understands the physical, emotional, and financial toll that car accidents can take on victims and their families, and he strives to provide the aggressive representation they deserve.

If you suffered an injury in an auto accident caused by another driver, contact the Law Office of Rivera & Gonzales by phone or online today for a free, no-obligation legal consultation.

GET A FREE CONSULTATION

Contact Albuquerque, NM Car Accident Attorneys Rivera & Gonzales Today

As experienced personal injury attorneys, Rivera & Gonzales are known as The People’s Attorneys for their passion — and compassion — in assisting victims of New Mexico car accidents. They understands the physical, emotional, and financial toll that car accidents can take on victims and their families, and he strives to provide the aggressive representation they deserve.

If you suffered an injury in an auto accident caused by another driver, contact the Law Office of Rivera & Gonzales by phone or online today for a free, no-obligation legal consultation.

GET A FREE CONSULTATION
Aaron Rivera and Richard Gonzales in suits and ties are sitting next to each other and smiling.
Share by: