Albuquerque trucking accident lawyers like the experts at the Caruso Law Offices, PC Law Firm know that their job is to prove negligence on the part of the defendant. When you have been a victim of such an accident, it can be hard to imagine how anybody will ever be able to prove your side of the case, but a good truck accident lawyer knows the avenues of investigation most likely to serve your interests. Here is a look at how the truck accident lawyers at the Caruso Law Offices, PC Law Firm win.
Truck Accidents and Negligence
Negligence is a juridical term for when someone fails to maintain a “standard of care” expected of a reasonable person in their position. A trucker is operating a machine weighing several tons, and there is a reasonable expectation that they should recognize that anything which impairs their performance can endanger the lives and safety of other motorists. The job of a truck accident attorney is to prove that the driver and the company which employed him or she did not live up to this expectation, and so acted negligently.
Investigating Negligence in Truck Accidents
A big rig accident lawyer has several avenues for proving negligence. One of the first things the Caruso Law Offices, PC Law Firm will do upon taking your case is file a temporary restraining order which will bar the trucking company from getting rid of any of the driver’s logs, internal memos or other evidence to show how long the driver had been on the road. A truck accident injury lawyer can thus prove that the driver was fatigued or under unreasonable pressure to make time.
The restraining order will also prevent them from tampering with the truck’s “black box.” This is a device which will show how fast the truck was going at the time of your accident. Matched up with publicly available information on road and weather conditions, it is sometimes rather easy to prove that the driver was driving too fast or otherwise operating his or her rig in a negligent way.
Other avenues often pursued by the New Mexico accident attorney specialists at the Caruso Law Offices, PC Law Firm include obtaining phone records from the driver on the day of the crash. Texting and driving or talking on the phone while operating such a dangerous machine can often cause accidents, and if it can be proven that this was going on when your accident occurred, your case is often easy to pursue. Your lawyer will also speak to the police officers who investigated your accident, taking into account what they determined about the crash. If it turns out that they issued a ticket to the driver, or otherwise determined that they were not obeying all traffic laws at the moment of the accident, a good truck accident lawyer can often argue strict liability–the other facts are irrelevant, the defendant is liable due to his or her illegal behavior.
If you or someone you love has been wounded by a trucking accident, you need the accident attorney in Albuquerque to turn to first in these cases–the Caruso Law Offices, PC Law Firm. Their expertise can gain you the justice you need; call for a free consultation today!