Large commercial vehicles like tractor trailers, 18 wheelers, tankers, and other box trucks are inherently more difficult to operate. In fact, they are so difficult to operate that a special license is required which is only issued after a written test, shadowing another driver, and passing a practice test/road exam. One of the most dangerous maneuvers is a turn, especially in a city or urban area. This is because large tractor trailer that jumps a curb could cause significant damage to pedestrians and other motorists. If you or a loved one have been injured in a New Mexico trucking accident due to a tractor trailer jumping curbs and hitting pedestrians, please ask our Albuquerque trucking accident lawyers how we can help.
A truck driver must exercise reasonable care in the use and operation of his or her vehicle. Truck drivers must also comply with New Mexico law. One of the most important aspects of complying with New Mexico statutory law is operating a motor vehicle is a safe manner to avoid colliding with other vehicles, pedestrians, or animals. This includes hazards that are on or near the roadway. This means that a truck which jumps a curb could be violating New Mexico law.
Generally speaking, large tractor trailers which jump a curb are failing to drive as a reasonably prudent person. This is because competent and non-negligent drivers do not drive vehicles over curbs where it could result in injuries to victims.
When a tractor trailer jumps a curb and hits a pedestrian that is standing on the curb, the truck driver and trucking company are likely to be at fault for the trucking accident. This is because vehicles should not go up on the curb where pedestrians are to walk. A truck driver and trucking company may claim that the pedestrians are at fault for not avoiding the truck jumping the curb, but that is not a good defense considering the truck shouldn’t have bene there in the first place. There could be some comparable fault of the pedestrians, but that is not always likely and even if there was some comparable fault, it is certainly less than the fault of the truck driver.
A pedestrian who is hit by a large tractor trailer jumping the curb is likely to suffer serious personal injuries. This is because a pedestrian is not protected by any safety devices like a seatbelt or airbag, or even the metal shell of the vehicle. Pedestrians who are hit by a motor vehicle are likely to suffer serious personal injuries such as the following:
Here at the Mark Caruso, our experienced Albuquerque trucking accident lawyers will fight back if a large commercial truck jumped a curb and hit a pedestrian causing serious personal injuries or wrongful death. If you or a loved one have been seriously injured in any trucking accident, 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.