Proving Liability can be a Challenge
The only way to secure compensation after a truck accident occurs is to prove that the truck driver or the trucking company was at fault for the incident. Even though this may sound straightforward, that is not always the case. The reality is that determining fault could be a challenge, particularly when the truck company insurance carriers get involved.
However, a skilled truck accident lawyer in New Mexico can get involved early and conduct an independent investigation into the incident. This will include using resources to uncover all evidence needed to prove liability, including:
- The truck electronic control module (ECM)
- The driver electronic logging device (ELD)
- Video or photo surveillance of the incident
- Statements from eyewitnesses
- The truck company maintenance and inspection records
- The driver’s records or driving history
- Mobile device data
- The police report
Handling Negotiations With Insurance Carriers
Determining liability is one thing, but that does not mean that the insurance carriers involved will want to pay full compensation for a victim’s losses. Insurance carriers will do whatever they can to limit how much money they payout in a settlement, including trying to blame the victim for their own injuries.
An attorney will be prepared. They will understand all of the tactics used by the insurance carriers to try and limit the settlement payout. To be ready for this, a New Mexico truck accident lawyer will ensure that their client is evaluated by trusted medical and economic professionals who can help calculate total expected losses. An attorney will engage in vigorous negotiations with the insurance carriers to recover full compensation on behalf of their client.
Sometimes, negotiations can drag on for quite some time, even months or up to a year. It may be necessary to file a personal injury lawsuit against the truck company and the driver in order to move the case along in the right direction.
Preparing Your Case for Trial
Even though the vast majority of New Mexico truck accident claims will be resolved through settlement with insurance carriers, it still may be necessary to file a personal injury lawsuit. A skilled Albuquerque accident lawyer will understand the entire personal injury trial process, including the discovery phase, negotiations, and possible mediation. In the event it does not look like the other party is going to offer a fair settlement, an attorney will fully prepare to take the case in front of a jury to ensure their client is treated fairly.
A truck accident lawyer in Albuquerque will offer the best chance at recovering full compensation for victims in these cases. Other parties involved will think twice before going to trial when they know that the injury victim has an advocate by their side.
