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  • What Happens When a Truck Driver’s Error Causes an Accident in New Mexico?

    by Caruso Law Offices, P.C. | 2020-11-19 | NM Truck Accident Attorney

  • Understanding Liability for Truck Driver’s Error

    Accidents are always a distressing thing to deal with. Accidents with semi-tractor trailers can be even more distressing as trucking accidents can cause serious injury and sometimes unfortunately wrongful death. Driving a commercial truck is a truck-driver’s job and as it is their profession, one would expect truck drivers to act in a professional and careful manager when operating a motor vehicle. Truck drivers are given advanced training, and are required to have a special commercial drivers license for trucking. Unfortunately there are still far too many semi-tractor trailer accidents.  Most of these accidents are due to preventable causes, usually due to truck driver’s error.

    Even more unfortunately is, due to the size and weight of these trucks, accidents involving semi-tractor trailers are often serious and sometimes deadly. Often times, the cause of these accidents could be preventable as truck driver error is often the cause. Victims and their families in New Mexico who have been hurt or killed in an accident involving a commercial truck driver have the right to compensation. Damages for this type of accident could include pain and suffering, medical bills, lost earnings, lost future earnings, and property damage. Here at the Caruso Law Offices, P.C., our experienced New Mexico Truck Accident Lawyers can help you to receive the justice you deserve.

    Truck Driver’s Error: Liability Explains

    When an accident occurs involving a semi-tractor trailer, there are many ways in which a truck driver can be liable.  This is generally through negligence, a common-law doctrine that is made by judges based on the evolving public sentiment over time.

    Negligence is when a person can prove four elements; there is a duty, breach of that duty, causation, and damages. Negligence occurs in trucking when a trucker driver has a duty to use reasonable care in the operation of that truck and breaches that duty in such a way that the breach causes damages to an innocent person. Damages (as noted above) include pain and suffering, lost wages, lost future-earnings, medical bills, and property damage. 

    Truck Driver’s Error Which Resulted in Personal Injuries

    There are many different errors that can lead to a semi-tractor trailer crash causing severe injury or death. Our firm understands the seriousness of these accidents and know how to prove the negligence of the truck driver by properly investigating the claim. When applicable, in addition to holding the truck driver liable we will also hold the trucking company liable for the truck driver’s errors. 

    The most common truck driver errors involved in semi-tractor trailer accidents include:

    • Texting while driving
    • Using a GPS device
    • Aggressive driving
    • Speeding
    • Following too closely
    • Use of a handheld radio
    • Drinking or doing drugs while driving 
    • Failing to stop or yield, and
    • Many other common causes.

    Ask Our Law Firm for Help with Any Trucking Accident Case

    If you have been seriously injured in a trucking accident, you may have been negligently injured due to the reckless or careless actions of a truck driver’s errors.  These errors can often be prevented with proper training and supervision, as well as reasonable care under the circumstances in the use or operation of the motor vehicle.

    Ask the Caruso Law Offices, P.C. how we can help you after a trucking accident in New Mexico.  We offer a FREE consultation and handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.