New Mexico Trucking Accident Lawyer Explains Liability When an Auto Accident is Caused by a Truck Changing Lanes
There are many possible causes of a serious trucking accident in New Mexico. But with some of the most important interstates and highways like I-10, I-25, and I-40, which collectively at the Big I exchange can help trucks switch from north and south to east and west, New Mexico trucking accidents commonly occur on these roadways. One of the most common cause of an interstate trucking accident is when a truck leaves the lane. This could be intentional like a lane change, or it could be unintentional such as losing control of the vehicle and sliding out of the lane. In either situation, an auto accident caused by a truck changing lanes could constitute negligence under the law.
And our experienced Albuquerque trucking accident lawyers can help recover compensation for victims and their families under the law. With over 30 years of experience representing victims of serious trucking accidents and other personal injury accidents, the Caruso Law Offices, P.C. is a premier law firm dedicated to protecting the rights of victims. We have a proven track record of success recovering compensation for victims and their families throughout any type of serious personal injury accident. Learn how we can help protect your rights during a FREE consultation with our compassionate and experienced team.
Injuries from Improper Truck Changing Lanes Accidents
When a large commercial truck like a big rig, tanker, semi tractor trailer, or other box truck improperly changes lanes, catastrophic injuries could be sustained by a victim. This is because semi tractor trailers are very heavy. While a smaller vehicle may bounce off another vehicle if it improperly changes lanes and collides with it, a larger truck will push off the road or crush a smaller vehicle. As a result, serious personal injuries are likely.
Some of the most serious personal injuries that could be caused in a New Mexico auto accident caused by a truck changing lanes includes the following:
- Traumatic brain injuries
- Spinal cord injuries
- Amputations or loss of a limb
- Organ injuries
- Burn injuries
- Crushing injuries
- Fractured bones or broken bones
- Dislocations or separations
- Nerve damage, and
- Other serious types of personal injuries.
Liability for an Improper Lane Change
There are several ways to establish liability for an improper lane change due to a trucking accident in New Mexico.
Common Law Negligence
The first is through the common law, or judge-made law. Negligence is one of the most common standard that has evolved through judicial decision writing. The standard of negligence is premised on the reasonableness of another’s actions. As a society, we expect others to act reasonable to avoid causing us foreseeable harm.
When a person, business, or government entity does not act reasonably and causes us serious harm, that could result in a finding of negligence. Making an improper lane change and causing a trucking accident is likely to be unreasonable because it could cause foreseeable harm to others.
Negligence Per Se
In addition to this common law, there is also statutory law which is legislatively-made. The Traffic Laws under Chapter 66 of Motor Vehicles is one body of legislatively-made law that all motorists must follow. This includes truck drivers coming from, going to, or driving through New Mexico.
The relevant section of the Traffic Law is NM Stat. section 66-7-317 which governs driving on roadways laned for traffic. This section of law requires the following under subdivision (a): “[A] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety[.]”
A truck driver who improperly changes lanes and collides with another vehicle is likely violating this section. The doctrine of negligence per se allows a victim to establish liability when a statute is violated which was meant to protect the victim and others from a certain type of harm. That harm includes being involved in a trucking accident due to a truck driver’s error.
Ask Our Lawyers for Help in a New Mexico Auto Accident Caused by a Truck Changing lanes
If you or a loved one were involved in an auto accident caused by a truck changing lanes, ask our experienced trucking accident lawyers in Albuquerque, New Mexico for help. We know how to establish liability through the doctrine of negligence per se or common law negligence, as well as other ways to ensure that a negligence trucking company or truck driver pays their fair share of compensation for your lost wages, medical bills, and also your pain and suffering.
Learn more during a FREE consultation with one of our compassionate and experienced lawyers by dialing (505) 883-5000 to schedule your appointment. We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.