When a Co-Driver in a Truck is Injured by the Driver in a New Mexico Trucking Crash, He or She May Be Entitled to Compensation
Some of the largest trucking companies use New Mexico’s busy interstates to transport cargo throughout the United States. Indeed, companies such as US Parcel, Schneider, and FedEx us I-40, I-25, and I-10 to ship goods north and south, and east and west, through New Mexico and to different ends of the country. In long and large shipping deliveries, trucking companies may use two drivers to help transport their goods in a faster timetable. This allows one driver to sleep and rest in the cabin while another driver focuses on the road. Then they can switch when the hours of operation regulations require rest.
While this can be a safe practice, unfortunately sometimes it is not. The sleeping driver is completely at the whim of another truck driver and defenseless to any negligence. Large commercial trucks such as big rigs, tankers, 18 wheelers, tandem trailers, tractor trailers, and other large trucks are always very dangerous. A sleeping driver could be involved in a serious trucking accident and never wake up.
Here at the Mark Caruso, our experienced Albuquerque trucking accident attorneys know how devastating it can be for a loved one to perish in a catastrophic trucking crash. We have the experience and knowledge necessary to zealously represent a victim and his or her family to ensure they get the maximum compensation they deserve. Call us today by dialing (505) 883-5000 for a FREE consultation. We represent many drivers in Ontario, Upland, and the surrounding area in serious trucking accidents which they did not cause, and we help them receive the compensation they deserve.
Rights of a Sleeping Co-Pilot in a Trucking Collision
When another driver is sleeping in the cabin while a coworker drives and causes a serious New Mexico trucking accident, the sleeping driver can easily be seriously injured. The sleeping driver is not doing anything wrong and cannot be liable for the accident. Thus, he or she has rights to compensation against the negligent part.
If the negligent party is the other truck driver – When the co-driver is the negligent party, the sleeping driver will have rights to commence a lawsuit against the negligent co-worker and his employer. However, this is only where the employer does not comply with New Mexico Workers’ Compensation Act which requires an employer to carry workers’ compensation insurance. If an employer does NOT comply with the Workers’ Compensation Act, an injured driver can commence and action. Otherwise, it is unlikely an employee will be able to sue an employer. However, it should be noted that if the employee is really an independent contractor and not an employee, the injured employee CAN sue!
If the negligent party is another driver – When the co-driver is not the negligent party but rather another driver on the roadway causes the serious New Mexico trucking accident, the sleeping driver can commence a personal injury lawsuit against the other driver. The other driver will likely commence a third party action against your co-driver, employer, and even you, but that may have little effect on your recovery.
New Mexico Trucking Accidents Injuring or Killing Co-Drivers
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today 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.