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Truck accidents can cause devastating injuries and financial burdens for victims. If you were involved in a truck accident in New Mexico, you may be wondering whether to sue the truck driver, the trucking company, or both. The answer depends on the circumstances of the accident and who is legally responsible for the damages. At Silva & Associates, P.C., we assist New Mexico residents in pursuing claims against the appropriate parties to maximize their compensation.
Truck accident claims are often complex because multiple parties may share responsibility. Below are the potential defendants in a truck accident lawsuit.
A truck driver may be held personally liable if their negligence directly caused the accident. Examples of driver negligence include:
If the truck driver is an independent contractor, rather than an employee of a trucking company, suing them directly may be the primary option for recovering compensation. However, most truck drivers do not have the financial resources to fully cover a victim’s damages.
Many truck accident cases involve suing the trucking company rather than just the driver. Under vicarious liability laws, a company can be held responsible for its employee’s negligence if the accident occurred while the driver was working. In addition, a trucking company may be directly liable if it:
Suing the trucking company is often the best approach because these companies typically have larger insurance policies and financial resources to cover extensive damages.
Depending on the specifics of the accident, additional parties may be responsible, including:
Determining whether to sue the truck driver, the trucking company, or both requires a thorough investigation of the accident. If the driver was an employee and acted negligently, the trucking company is likely liable. If the driver was an independent contractor, you may need to pursue the driver directly.
At Silva & Associates, P.C., we analyze the details of each case to identify all responsible parties and help victims recover the full compensation they deserve. If you’ve been injured in a truck accident in New Mexico, contact us to explore your legal options.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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