Large commercial trucks are very powerful vehicles due to their height, weight, and size. This is especially true on highways and interstates like I-40, I-25, and I-10, which caused trucks like 18 wheelers, semi tractors, tandem trailers, tankers, and other commercial vehicles to generate significant momentum. This is why a trucking crash is like no other type of motor vehicle collision. As an Albuquerque trucking accident lawyer, I have seen some of the horrific devastation that these vehicles can do. Many crashes result in the wrongful death of a person, or even an entire family.
When the victims survive, one of the worst injuries that a victim could sustain is the loss of a limb due to an amputation. This can be particularly traumatic, especially for a young child. If the limb is a leg, a person will be unable to walk without a medical device or assistance. Years of rehabilitation, pain and suffering, increasing medical bills, and lost wages will plague a victim of a trucking crash. If you have lost your limb due to a trucking crash, call the NM Truck Accident Attorneys at (505) 883-5000 to schedule your free consultation to learn your rights to compensation.
Even though the loss of a limb is a particularly serious and devastating injury due to a trucking accident, a victim must still establish liability against the trucking company in order to be entitled to compensation. In a trucking crash case, this means that an individual will need to demonstrate the defendant truck driver or defendant trucking company was negligent in the use or operation of the large commercial truck.
There are two general ways to prove liability in a trucking wreck case. The first is through the common law cause of action for negligence. A defendant truck driver or trucking company may be negligent when they fail to operate their commercial vehicle with the reasonable care of a reasonably prudent person in like circumstances. Said differently, a defendant may be liable when he or she does something reckless or careless that an ordinary person would not have done.
The second way to prove liability is through a negligence per se cause of action. This is negligence premised on the violation of a statute. Most of the statutes will be a vehicle and traffic law violation, such as running a red light, speeding, or unsafe lane changes. Some of the violations may be through the FMCSA regulations, which govern all trucks traveling in the United States. If the statute is meant to protect the victim from the harm that was caused by the defendant’s violation of the statute, the defendant may be automatically found to be negligent as a matter of law-or negligent per se.
However, if that violation is just an FMCSA regulation, the regulatory violation will be evidence of negligence-not an automatic finding. This can still be an important tool for a personal injury victim.
Victims of tractor trailer wrecks are more likely to be seriously injured, maimed, or killed than any other motor vehicle accident. This is because of the shear size and weight of a large commercial vehicle. Irreversible damage to a person’s limb is common in trucking crashes, particularly to the lower leg which could become trapped under the twisted metal.
Victims who have a limb amputated will have a profound change in their daily activities and living. They will also have significant financial burdens, but potentially less of an opportunity to fight those burdens due to significant disability. However, a personal injury action can help recover compensation for lost wages, lost earnings, medical bills, future medical expenses, rehabilitation, future surgeries, emotional injuries, and sometimes even punitive damages in the most egregious of cases. This will allow a victim to focus on his or her recover with family.
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico trucking accident attorneys at the NM Truck Accident Attorneys today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.