New Mexico Truck Accident Attorneys

Holding Negligent Truck Drivers & Trucking Companies Accountable for Catastrophic Injuries

Drivers of semi-trucks, and the companies that put those drivers on the road, are required to use extra care and follow specific rules to prevent crashes.

Because big rigs are much heavier than passenger cars, truck crashes are almost always more destructive than crashes between passenger vehicles. Trucking companies that cut corners on driver hiring and training, enforcing safety rules, and maintaining their vehicles are a serious threat to people traveling on New Mexico roads.

Although we have helped many individuals struggling after a truck accident, we understand that each case is unique, and make sure to treat it as such. Contact us to learn more about what our truck accident attorneys can to do help you through this difficult time, and help to ensure that you receive the maximum compensation that you truly deserve.

Companies that make bad decisions leading to life-changing or life-ending disasters can be held accountable by those who suffer the consequences, and McGinn Montoya Love Curry & Sievers PA is here to help.

Common Types of Truck Accidents

A truck accident is a collision involving a large truck, such as a semi-truck, tractor-trailer, or big rig, with another vehicle, a stationary object, or a pedestrian. Due to the size and weight of trucks compared to passenger vehicles, these accidents can lead to severe damage and significant injuries.

The following are the common types of truck accidents:

• Rear-End Collisions: This occurs when a truck crashes into the back of another vehicle. Often caused by driver inattention or inadequate stopping distance.
• Side-Impact Collisions (T-Bone Accidents): A truck hits the side of another vehicle. These accidents often happen at intersections and can be particularly dangerous for occupants of the vehicle that is hit.
• Head-On Collisions: This is when a truck crashes into the front of another vehicle. These accidents are usually severe and can be fatal due to the high impact force.
• Rollover Accidents: A truck overturns onto its side or roof. This can happen due to sharp turns, uneven road surfaces, or shifting cargo.
• Jackknife Accidents: This occurs when the trailer of the truck swings out to form an angle with the cab, resembling a jackknife. This typically happens when the truck brakes suddenly or loses control.
• Under-Ride Accidents: This happens when a smaller vehicle slides underneath the truck's trailer. Such accidents are often fatal due to the lack of protection from the truck’s rear.
• Blind-Spot Accidents: Trucks have large blind spots, especially on their sides and rear. Accidents can occur when other vehicles enter these blind spots, and the truck driver is unable to see them.
• Wide-Turn Accidents: Trucks require more space to make turns, and accidents can occur when other vehicles are caught in the truck’s path during a wide turn.
• Cargo Spills: If a truck's cargo shifts or falls off, it can cause accidents by creating obstacles on the road or striking other vehicles.
• Mechanical Failure: Accidents caused by brake failure, tire blowouts, or other mechanical issues. Regular maintenance can help prevent such failures.

Common Causes of Truck Accidents

Truck accidents can result from a variety of factors, often involving a combination of driver behavior, vehicle conditions, and external circumstances. Here are some common causes:

• Driver Fatigue: Long hours on the road can lead to driver fatigue, impairing alertness and reaction times. Exhausted drivers are less able to respond quickly to sudden changes or hazards.
• Distracted Driving: Distracted driving, such as texting or using a phone while driving, diverts attention away from the road. This lack of focus increases the likelihood of collisions and accidents.
• Speeding: Driving over the speed limit or too fast for conditions reduces a driver’s ability to react quickly. Speeding also increases the severity of accidents and impacts overall vehicle control.
• Improper Load Securement: When cargo is not properly secured, it can shift or fall off the truck. This can destabilize the vehicle or create dangerous obstacles on the road.
• Brake Failure: Brake failure, due to poor maintenance or mechanical issues, impairs a truck's stopping ability. This can lead to rear-end collisions or an inability to avoid obstacles.
• Mechanical Failures: Issues with critical systems like tires, steering, or the transmission can lead to loss of control. Regular maintenance is crucial to prevent these mechanical failures.
• Poor Weather Conditions: Adverse weather conditions such as rain, snow, or fog can significantly impair driving visibility and road traction. This increases the risk of accidents due to slippery or unpredictable road surfaces.
• Inadequate Training: Drivers lacking sufficient training may not handle large vehicles or complex driving situations safely. This deficiency can lead to unsafe driving practices and increased accident risk.
• Reckless Driving: Aggressive driving behaviors, such as tailgating or running red lights, create dangerous conditions on the road. Such reckless actions heighten the risk of collisions and accidents.
• Impaired Driving: Driving under the influence of alcohol or drugs impairs a driver’s judgment and coordination. This impairment greatly increases the likelihood of accidents and unsafe driving.
• Poor Road Conditions: Roads with potholes, uneven surfaces, or poor markings can lead to vehicle instability. These conditions can cause drivers to lose control and result in accidents.
• Failure to Follow Traffic Laws: Ignoring traffic signals, failing to yield, or making improper lane changes can lead to dangerous collisions. Adhering to traffic laws is essential for preventing accidents.
• Blind Spots: Trucks have large blind spots where smaller vehicles may not be visible to the driver. Vehicles in these blind spots are at risk of side collisions if the truck driver is unaware of their presence.
• Inadequate Vehicle Maintenance: Failing to regularly service and inspect a truck can lead to mechanical problems. Such neglect increases the risk of breakdowns and accidents on the road.

Complex Cases Require Seasoned Representation

Legal cases involving truck crashes are different from other auto accident cases.

They require specialized legal knowledge and skill, quick action to preserve evidence, and knowledge of the trucking industry and the insurance companies that defend trucking companies.

At McGinn Montoya Love Curry & Sievers PA, we know the rules and standards trucking companies and the drivers they hire are required to follow. We are ready to fight for justice when trucking companies’ dangerous practices cause harm.

Our New Mexico truck accident lawyers are also skilled investigators, and we have connections to top accident reconstruction experts and medical experts nationwide.

How Can A Truck Accident Attorney in New Mexico Help You?

If you were involved in a truck accident, it's important that you hire an experienced lawyer as soon as possible. Ensuring that you have all of the support and guidance that you need during this time is critical. Accidents are a traumatic experience, and it's essential that you spend time and attention on healing, both physically and psychologically. Your truck accident attorney will be responsible for taking care of all paperwork, negotiating on your behalf, and helping to maximize compensation, so that you can focus on what matters most.

A New Mexico truck accident lawyer can help you by:

• Handling paperwork
• Offering you emotional support
• Providing objective legal advice
• Saving you time
• Maximizing compensation
• Representing you
• Preventing you from making costly mistakes
• Gathering important evidence to support you

Since our firm was founded in 1985, we have helped countless clients find justice after severe truck accidents. Our goal is to continue making a real difference in the lives of injury victims and their families.

If you or someone you love was injured, contact our truck accident attorneys in New Mexico for a free consultation.

Jump to the Following:

• Understanding liability in trucking cases
• How a truck accident attorney can help
• Our success in truck accident cases
• Why is our firm the right choice?

Based in Albuquerque, our truck accident lawyers help victims throughout New Mexico seek justice and fair compensation for their injuries. Call (505) 405-4441 to get started with a free consultation about your New Mexico semi truck accident.

Understanding Liability in Truck Accidents

Trucking companies have a legal obligation to keep their trucks and drivers safe. If that obligation is breached and an accident occurs, the company can be held liable for damages.

In order to prove liability in truck accidents, you must demonstrate that:

• The truck driver was negligent
• The trucking company did not take reasonable care to ensure safety
• The truck driver’s behavior violated state and federal laws
• The trucking company was responsible for hiring and training the driver
• The truck had mechanical or safety problems that contributed to the crash

Negligence by Trucking Companies

Trucking companies often commit negligence in an attempt to save money or in order to meet a deadline. These cut corners can often lead to serious and sometimes fatal consequences. A trucking accident attorney in Albuquerque may be able to help hold these companies liable for the damages they caused.

Some of the common negligent behaviors committed by trucking companies could include:

• Hiring drivers without proper training or background checks
• Failing to regularly conduct maintenance and repairs on a truck
• Allowing drivers to violate state and federal rest and break regulations by driving while fatigued or under the influence of drugs or alcohol
• Overloading trucks to exceed weight restrictions
• Failing to properly secure cargo

If any of these factors are found to have played a role in your truck accident, the responsible company may be liable for damages. Our improper truck maintenance attorneys can investigate your crash, gather evidence and build a strong case on your behalf.

Who Will Be Held Responsible?

In most cases, a truck accident victim will not be filing a claim against the at-fault driver only. The trucking company that put the driver on the road is, in most cases, also responsible for their actions.

This means truck crash victims are likely to find themselves taking on a commercial insurance company or a large, self-insured trucking company.

Trucking companies’ insurers actively defend against claims for injuries caused by truck crashes, knowing it can be expensive to pay for the harm caused by these collisions. Many insurance companies immediately send their own investigators to crash scenes to gain an advantage over crash victims by collecting evidence they will use to try to avoid liability.

Choose Our Truck Accident Lawyer in Albuquerque

Whether these insurers try to pin the blame on you, another driver they do not employ, or a different third party, you need someone to make sure your interests are represented.

The longer you wait after an accident, the more evidence can disappear, so contacting a truck accident attorney quickly to preserve the evidence can make all the difference.

Parties in Truck Accident Claims

A truck accident claim may involve:

• A trucking company that pushes its drivers to keep unsafe schedules with too many hours on the road and not enough sleep
• A trucking company that does not use safe practices in hiring, training, or supervising its drivers
• A trucking company that does not properly maintain its trucks or trailers or a maintenance team that failed to spot signs of dangerous mechanical failures
• A shipper or broker that hired a dangerous trucking company to save money
• A manufacturer that made faulty parts (such as tires or brakes) that failed, causing the truck driver to lose control or making the crash worse than it should have been

These companies may blame each other, leaving you wondering where to even start with your claim. Our truck accident attorneys in New Mexico will advocate for you and take on at-fault companies to obtain justice.

How a Truck Accident Attorney Can Help

Along with investigating your accident and handling discussions with the other parties’ insurers and legal representatives, our skilled attorneys will be ready to go to trial to get the compensation that you are owed.

Crashes with heavy trucks may cause serious injuries that require long-term care and can lead to lifelong disabilities.

We can help you identify and present, to the trucking companies’ insurers and a jury, all your damages, including:

• Medical bills
• Future medical care
• Rehabilitation
• Accommodations or assistive devices
• Home renovations for accessibility
• Lost wages
• Loss of household services
• Loss of companionship
• Pain & suffering and emotional distress

Sadly, most insurers will not offer to pay all these damages in a settlement. They may try to persuade you to accept a much smaller amount that covers only a fraction of your costs or losses. Having a skilled legal team on your side will ensure that the trucking company and its insurers do not get a discount on what they owe for their negligence.

We will help you understand what a fair settlement should look like and take the lead on negotiations.

Our Success in New Mexico Truck Accident Cases

Because trucking companies are likely to fight back against injury claims, resolving these cases takes determination. Our attorneys’ strength and reputation as excellent trial lawyers have been key to helping clients recover compensation after serious accidents.

No matter how complex a case or how big an opponent, we do everything we can to help our clients achieve justice. Here are some of the families we have helped after life-changing accidents.

Hein v. Utility Trailer Manufacturing Company, New Mexico First Judicial District Court, No. D-101-CV-2016-01541

By 1970, it was common knowledge in the semi-trailer manufacturing industry that the mismatch in size between tractor-trailers and passenger cars was a deadly problem. In a collision between a passenger car and a semi-trailer, that height difference creates the danger of underride, where a portion of the smaller vehicle goes into one of the open spaces under the trailer. When underrides happen, the built-in safety features in the car, like airbags, seat belts, and crumple zones, are likely to become useless as the larger vehicle can crash through the windshield, deform the A-frame of the car, decapitate people in the car, or trap the smaller car underneath while the big rig is still moving.

As the Federal Highway Administration (FHWA) worked on developing improved regulations to require stronger and more effective rear guards on semi-trailers, the agency also issued a notice in the Federal Register in 1970 encouraging trailer manufacturers to develop underride guards for the sides of their vehicles. However, like its competitors, Utility Trailer Manufacturing Company continued to build and sell its trailers without any features intended to prevent underride in side collisions.

Inventors outside the industry, even without the benefit of the vast resources for research and development that top trailer manufacturers have at their disposal, have come up with varying designs for side underride guards. Still, trailer manufacturers have not made any move to adopt side underride guards. Utility Trailer never made any independent attempt to research a workable solution, develop its own design, or improve on the designs independent inventors came up with.

Forty-five years after the federal government encouraged trailer manufacturers to develop side underride protection, a side underride crash claimed the life of one of New Mexico’s brightest young stars. Riley Hein, age 16, was nearing the midpoint of his junior year at Albuquerque’s Manzano High School where he played trombone in the marching band, ran cross country, maintained high grades, and made friends with everyone from the popular kids to the awkward new kids in school. Passionate. Kind. Funny. These were the words his sister, mother, and father chose as best portraying Riley’s spirit. He was interested in joining the Coast Guard but had not made up his mind yet. He had limitless potential.

On November 13, 2015, a truck driver hauling a Utility Trailer 3000R refrigerated trailer was headed west to Albuquerque on Interstate 40, driving through the mountain village of Tijeras, New Mexico, where Riley’s family lived. Riley was driving to early morning band practice. He left his house in Tijeras, got onto I-40 in his Honda Civic, and stayed in the rightmost of the 3 westbound lanes. He was probably listening to NPR, his favorite station.

As the Civic and the tractor-trailer approached a curve in the road, with the truck overtaking the slower-moving Civic, the truck began moving into Riley’s lane. Riley swerved to the right to avoid a crash but was immediately confronted by the end of a concrete Jersey barrier running along the shoulder. He swerved back to his left to avoid the barrier and re-entered the roadway, colliding with the tractor at a shallow, glancing angle. The collision redirected the Civic back onto the shoulder, where it hit the barrier and bounced back onto the roadway. Now the Civic was next to the semi-trailer, which Utility Trailer had chosen not to equip with any kind of side underride protection.

The Civic went under the trailer at a shallow angle and at such a speed that the incident would have been prevented by existing designs of side underride guards. However, because the trailer did not have side underride guards, the Civic was pinned underneath it. The truck driver did not even notice; he only stopped when, according to his statement to police, he saw a fire in his right-side mirror. Believing a tire had caught fire, the truck driver slowly lowered his speed and pulled onto the shoulder. The Civic scraped against and rode up along the concrete barrier as the tractor-trailer came to a stop. It was fully engulfed in flames, and Riley died before anyone could get to him.

The legal team at McGinn Montoya Love Curry & Sievers PA filed suit on behalf of Riley Hein’s estate and his parents against the truck driver and his employer, as well as Utility Trailer. The plaintiffs settled with the truck driver and trucking company and fought the case against Utility Trailer in a 2 week trial in Santa Fe. The jury found Utility Trailer was negligent and had contributed to Riley’s death. It attributed 55% of the fault to the driver and 45% to Utility Trailer. Riley Hein was completely innocent.

The total damages awarded added up to $38 million. Loss of society damages equaled $2 million for each of Riley’s parents.

Chischilly v. Central Trucking, Inc. at al., New Mexico First Judicial District Court, No. D-101-CV-2017-01911

A semi-truck driver is required to pay attention, drive without distractions, and look at the road ahead. When a trucking company hires an inexperienced young driver to operate a fully loaded tractor-trailer, it has a responsibility to properly supervise him to ensure he does these things. On the afternoon of Saturday, December 17, 2016, a young and inexperienced CTI driver took the life of an innocent motorist, Leo Chischilly, on Interstate 40 in Gallup, New Mexico.

Traffic was heavy due to construction taking place 12 miles east of the Arizona-New Mexico line. Traveling through Gallup on I-40, attentive drivers saw a long line of semi-trucks and other vehicles backed up all the way to the horizon, so they slowed down. CTI’s driver, with a fully loaded tractor-trailer, barreled toward this line of vehicles at 66 mph, with cruise control on. Had he been paying attention, he would have seen the brake lights on a GMC Sierra pickup truck being driven by Mr. Chischilly, who was on his way home with a load of gifts and food for the upcoming Christmas holiday.

We obtained video footage showing the driver of the semi-truck was not paying attention. He was looking down at something as he drove—likely his phone—and, by the time he looked up, he was too close to the GMC pickup truck to stop in time. He crashed into it at 66 mph. Mr. Chischilly died as a result of the crash.

Because of a diligent early investigation, we were able to secure evidence that showed how the trucking company was liable, and we successfully resolved the case before trial.

Gamboa v. J.V. Transportation, First Judicial District Court, No. D-101-CV-2014-00515

Trucking companies must take steps to ensure their drivers are safe through job training and by creating and enforcing appropriate policies and procedures. They must train their drivers to keep a proper lookout, adjust their speed according to the conditions on the roadway, and use due care to avoid collisions.

On April 14, 2013, Roberto Gamboa was driving from his home near Laguna, New Mexico. His car was traveling eastbound on Interstate 40 toward Albuquerque, with his wife in the passenger seat and four children in the backseat. Near the exit to the Route 66 Casino, eastbound traffic slowed because of a collision caused by a driver who had rear-ended a semi tractor-trailer. The car from the first crash was on the shoulder, so traffic was slowly moving forward in both eastbound lanes of I-40.

As Mr. Gamboa approached the site of the first collision, he slowed down with the flow of traffic to safely pass the disabled vehicle on the shoulder. Behind him, the driver of a heavily loaded tractor-trailer chose to disregard the conditions of the roadway and did not slow down as he approached the crash site. The semi crashed into the rear of Mr. Gamboa’s car at a high speed.

The impact hurled Mr. Gamboa’s vehicle off the roadway, and it finally came to a complete stop in the dirt off the right side of the road. The collision killed one of the Gamboa children and caused serious bodily injuries to all other occupants of the vehicle.

McGinn Montoya Love Curry & Sievers PA filed a lawsuit on behalf of the Gamboa family against the truck driver, his company and its insurance provider, and several other defendants. We successfully navigated the complex claims and the case was resolved.

Zamora (for Jordan) v. Sunland Construction Inc., et al., New Mexico First Judicial District Court, D-101-CV-2014-02203

When large trucks take to the road, their drivers have an affirmative responsibility to not create hazards for others on the road. The companies that send these vehicles onto our roads have a duty to plan ahead to avoid all risks to other travelers.

On September 3, 2013, a Sunland Construction, Inc. truck traveling north in 70 mph highway traffic attempted a sharp right-hand turn onto a small dirt access road. To accomplish this ill-advised turn, the truck driver swung wide into the left lane, blocking both lanes of traffic and leaving motorists behind him with nowhere to go—except into his semi-trailer. If the trucker had simply approached the turn-off road from the other direction, he would have been able to safely utilize a turn bay rather than create the roadblock/death trap that ensued.

Marc Jordan, who was traveling the speed limit, braked when he saw the tractor-trailer blocking the road but was unable to stop in time. His sedan impacted the back of the truck’s trailer along the center line of the highway. Evidence showed the truck was blocking all northbound traffic as it made its turn. Other vehicles behind Mr. Jordan had to drive into the median and toward oncoming traffic to avoid the same fate. Mr. Jordan died at the scene, a great loss to his wife, family, and many grandchildren.

Despite challenges in the case due to a failure by law enforcement to obtain the names of all witnesses to the crash, a thorough investigation and aggressive prosecution of the claims ultimately led to the successful resolution of the truck accident lawsuit.

Martinez v. M&M and Sons, et al., U.S. District Ct., New Mexico, No. 1:12-cv-00811 (MCA/CG)

Multi-ton tractor-trailers have an obligation to be especially careful when transitioning from highway off-ramps into city traffic. On February 1, 2012, an M&M and Sons driver violated this rule. Our client, Jose Martinez, was lawfully traveling northbound on 2nd St. NW when the M&M driver ran a red light and crashed into Mr. Martinez’s vehicle.

Mr. Martinez was lucky to escape with his life but experienced severe injuries, including a broken neck that required fusion with metal hardware. Because of this reckless trucker, he now faces a life of increased medical needs and other challenges. The original settlement offer he received did not account for the scope of the damages. Further, the defendant took the same adversarial approach many insurers do, refusing to consider resolving the case fairly until they knew our attorneys had what it took to litigate.

Suggested Reading:

• Are Truckers’ Employers to Blame for High Crash Rates?
• How Common Are Truck Underride Accidents?
• Autonomous Trucking: Increased Safety or Liability?
• Dangers of a Runaway Truck

Following expeditious prosecution of Mr. Martinez’s claims, the case was successfully resolved before the trial.