If a Big Rig Turned Right in Front of You and Caused a T-Bone Trucking Accident, the Truck May be Liable: Albuquerque Trucking Accident Lawyer Explains
Large box trucks like 18 wheelers, tractor trailers, double trailers, big rigs, and other large commercial vehicles are big and heavy. At a stop sign, they cannot just start up like a passenger vehicle and go from zero to 10, 15, or 20 MPH in a quick amount of time. This means that large trucks cannot "cut" in front of oncoming traffic like some smaller vehicles can (but still should not do). As a result, when a large truck attempts to pull out right in front of oncoming traffic, it can result in a t-bone trucking accident.
It may look like you caused the accident. After all, you were the one that hit the truck that was turning in front of you. The truck driver may even some out of his or her cabin and start to blame you for causing the crash. The insurance companies may also blame you, and it is likely the trucking company will call to complain about you. While most first responders are competent and wonderful, a police officer may be tricked by a truck driver's adamant complaints that you hit him. You may believe you just caused a New Mexico trucking accident.
But our Albuquerque trucking accident lawyer knows that is not the case. All vehicles, whether large commercial trucks or small motorcycles, must not turn in front of oncoming traffic. The amount of time for this turn is not etched in the law as a certain number; such as no turns for 5 seconds before another vehicle comes for a motorcycle, or 10 seconds for a truck. Rather the law is flexible, and uses broad terms to protect motorists in the oncoming vehicle.
The insurance companies do not want you knowing that, and just want to blame you instead. But here are the actual laws that protects you:
Vehicles at an Intersection Turning MUST Yield to Oncoming Vehicles
There are several applicable sections of law that would find a truck driver liable under the doctrine of negligence per se (where the violation of a statute causing injuries makes the violator automatically negligent). These sections include the following:
NM Stat section 66-7-330 (B) - "every driver of a vehicle approaching a stopped intersection indicated by a stop sign shall stop . . . and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway to constitute an immediate hazard during the time when the driver is moving across or within the intersection." This means that any truck which is turning through the lanes and another vehicle t-bones the truck, that truck will be liable.
NM Stat section 66-7-328 (A) - "The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway."
NM Stat 66-7-331 - "The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway."
NM Stat 66-7-325 (A) - "No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway . . . or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety." If a truck driver pulls in front of another vehicle to make a turn, and that vehicle t-bones the truck, the truck driver may be liable.
It is NOT Your Fault: The Truck that Pulls in Front of You and Causes You to T-Bone the Truck is Responsible for Your Albuquerque Trucking Accident
Do not listen to the truck driver, insurance companies, trucking company, and some first responders: If a truck turned in front of you and you t-boned the truck, the truck may be liable for YOUR injuries. If this happened to you, call our Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys to learn what your rights to compensation may be 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.