Rear end collisions may be one of the most common types of auto accidents. These types of motor vehicle accidents typically cause whiplash injuries, especially to the neck and back. But when New Mexico rear end accidents are caused by large 18 wheelers, tractor trailers, and other box trucks, the injuries are usually significantly more devastating. This is because of the large size and heavy weight of these commercial vehicles which create considerably more force in an impact. Our Albuquerque trucking accident lawyers explain the liability and common injuries of New Mexico rear end trucking accidents here.
Liability for New Mexico Rear End Trucking Accidents
A personal injury victim of in a New Mexico rear end trucking accident can take two approaching to proving liability. The first is under the common law, or judge-made law, which requires all motorists to use reasonable care under the circumstances in the use and operation of their motor vehicle. Reasonable care when include leaving adequate space to stop before another motor vehicle to ensure to not rear end that vehicle. When a driver fails to do that and rear ends another vehicle, it could result in serious personal injuries and liability under New Mexico common law.
Additionally, a personal injury victim could use the doctrine of negligence per se. This allows a victim who was harmed by the violation of a statute meant to protect them to hold the violator automatically liable. The statute would be NM Stat Section 66-7-318, which governs following too closely and provides “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” If a driver causes a rear end collision due to the violation of this statute, an injured victim may be able to hold the defendant automatically liable.
Injuries from Rear End Collisions
Any auto accident could result in serious personal injuries. This is particularly true with large commercial vehicle which could result in significant, catastrophic, and fatal injuries. Some of the most common injuries in a New Mexico rear end trucking accident include the following:
- Whiplash injuries, especially to the neck or back;
- Spinal cord injuries, including paralysis;
- Traumatic brain injuries;
- Other Head injuries;
- Broken bones;
- Herniated discs, annular tears, and other spinal column injuries;
- Nerve damage, including brachial plexus injuries;
- Wrongful death; and
- Other serious and permanent injuries.
Victims of New Mexico Rear End Trucking Accidents Should Ask our Albuquerque Trucking Accident Lawyers for Help
Any type of motor vehicle accident is very dangerous. But with a large commercial vehicle, trucking accidents are likely to be debilitating and often fatal. If you or a loved one have been seriously injured in a New Mexico 18 wheeler wreck, please call to schedule your FREE appointment with our lawyers at the Mark Caruso by dialing (505) 883-5000.
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.