Passengers Injured in 18 Wheeler Crashes May Have Rights to Compensation: New Mexico Trucking Accident Lawyer Explains
Any victim of an 18 wheeler crash in New Mexico may have rights to compensation for pain and suffering, medical bills, lost wages, future expenses, property damage, and other damages. Individuals who are riding as a passenger in a New Mexico trucking accident have the highest likelihood of collecting compensation. This is because a passenger has very little, if any, control over the operation of the motor vehicle they are riding in or of the vehicle that strikes them. Therefore, it is likely that a passenger will be able to collection compensation for his or her damages caused in a motor vehicle accident.
When this accident is with a big rig like a large box truck, semi tractor trailer, tandem trailer, 18 wheeler, tanker, or other large commercial vehicle, a passenger may have significant injuries and damages. Individuals hurt in a New Mexico trucking accident should call our experienced Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys, to learn how we can help right for your rights to compensation by dialing (505) 883-5000.
Rights of Passengers Hit by a Tractor Trailer or 18 Wheeler in New Mexico
Motorists owe a duty of reasonable care under the circumstances to other people on or around the roadway. This includes passengers in other vehicles and in their own vehicles. When a motorist causes a motor vehicle crash due to a reckless, careless, or otherwise negligent mistake, that motorist may be found to have breached his duty of care. When that motorist is the truck driver of a large commercial vehicle, the trucking company he or she is working for may also have breached his or her duty of care.
Passengers do not have any control in the use of operation of a motor vehicle that they are riding in. However, New Mexico is a comparative fault state. This means that the fault and actions of an injured individual will be considered in the assessment of a personal injury case. While a passenger usually does not have fault, a passenger may have fault if the following contributed or caused the New Mexico trucking accident:
- If the passenger grabbed the wheeler;
- Intentionally distracted the driver;
- Waved another driver to go when his vehicle was coming;
- Told his driver it was clear when it was not;
- Intentionally blocked or obscured the driver’s vision; and
- Any other distracting or intentionally detrimental conduct.
What Can a Passenger in a New Mexico Trucking Accident Collect?
A passenger injured by a large commercial vehicle like a big rig or 18 wheeler may collect any damages that any other motorist may seek. This includes the following:
- Past pain and suffering;
- Future pain and suffering;
- Medical bills and expenses;
- Future medical bills and expenses that can be proven;
- Lost wages;
- Lost earnings;
- Property damage;
- Modifications needed to a house or vehicle (such as if the passenger is paralyzed);
- Loss of services and affection to family; and
- Other possible damages.
Can a Passenger in a Large Truck Recover Compensation Against the Truck Driver?
Many times long cargo hauls will use two truck drivers. This is because of the hours of service requirements. This means that one driver may be sleeping in the back of the cabin, while the other driver is operating the large truck. If the operator causes a serious trucking accident which injuries the sleeping driver, the sleeping driver may be entitled to compensation for his or her injuries.
Passengers Seriously Injured in a New Mexico Trucking Accident May be Entitled to Compensation
If you or a loved one were a passenger in a vehicle which was involved in a New Mexico trucking accident, call our experienced New Mexico trucking accident attorneys at the NM Truck Accident Attorneys today by dialing (505) 883-5000 to learn what rights you may have. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.