New Mexico Truck Driver Killed on I-40 When Tire Blew Out and Caused Fiery Wreck: What are the Deceased Driver’s Rights?
All commercial trucks are dangerous. Even single vehicle crashes can be fatal. News agencies are reporting a single-vehicle truck crash on August 31, 2017 occurring in New Mexico on Interstate 40. The sole vehicle involved was a large commercial truck. The truck driver’s tire blew out and the truck was caused to cross the center median and struck rocks. The collision was so forceful that it resulted in a large fire which claimed the life of the truck driver. There were no other fatalities or injuries. It is unclear who the trucking company was and the identity of the driver at this time.
Here at the Mark Caruso, we represent victims of all types of trucking wrecks and 18 wheeler crashes. We have represented truckers from around the country injured on New Mexico’s roads, particularly the interstates like I-40, I-25, and I-10. Many of our trucking clients come from out-of-state who are just using the interstates to deliver cargo coast-to-coast, including in Upland, California, Ontario, CA, Rancho Cucamonga, CA, and San Bernardino, California. If you or a loved one were injured or killed in a trucking accident occurring in New Mexico, as a truck driver in or out-of-state, or as a passenger in another vehicle, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can fight to protect your rights to compensation.
Rights of Truck Drivers in Single-Vehicle Crashes: Holding the Trucking Company Responsible
The news report shared above is a very sad case but an all-to-common case. It may appear in these types of cases that victims of single vehicle crashes do not have anyone to blame but themselves. However, that is not true. And it is particularly not true under these facts where the tire blew out.
This is because the law of negligence (that applies in a vehicle crash) requires a showing that the breach of a duty was the proximate cause of the damages. Here, the duty that was breached was not that by the truck driver to drive safely. It was actually the duty of the trucking company to provide reasonably safe, proper, and well-maintained equipment such as commercial trucks. This would include the tires on the trucks.
It was this breached duty that caused the subject crash, not the duty to drive safely. That is, the truck driver’s operation of the vehicle was not what proximately caused the crash; the truck driver did not steer into the rocks. It was the trucking company’s maintenance of the truck that caused the crash, i.e., the tire blowing out causing the truck to go into the rocks. This accident was not caused by the truck driver.
Thus, a truck driver injured or killed in a single car crash can recover compensation from the trucking company which negligently gave him or her a faulty, improperly maintained, or broken vehicle—this includes the tires.
While some defense attorneys may argue that the truck driver is just an agent of the trucking company, thus he was responsible for the maintenance of the tires in the truck he was driving, this misses the point. The truck driver is indeed an agent of the trucking company, and any acts that he makes or takes is for the betterment of his or her employer—the trucking company. Said differently, but for the trucking company the truck driver would not be doing what he was doing that caused the trucking crash.
Victims from Upland, Ontario, or Anywhere in California or New Mexico Should Call the Mark Caruso to Learn Their Rights When Truck Drivers Are Hurt or Killed in 18 Wheeler Wrecks
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.