Who Could be Responsible for a New Mexico Trucking Wreck? Answer: A Lot of People and Entities!
Victims of New Mexico trucking wrecks usually end up being seriously injured, especially when those crashes are high-speed collisions on interstates such as I-40, I-25, or I-10. While victims and their families usually turn to healing and getting life back on track, the importance of preparing for a legal battle in court may seem so far away. But the statute of limitations in New Mexico is only 3 years from the date of the accident, which will creep up quickly on victims who are seriously injured and require years of recovery.
Therefore, it is important to have an experienced New Mexico trucking accident attorney such as the Mark Caruso on your side right from the start. We can help take the burdens off of you and your family so you can focus on healing, and we will focus on preparing your case against the individuals or entities liable for your trucking wreck. When you are involved in a New Mexico trucking wreck in Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else in New Mexico, call us for a FREE consultation by dialing (505) 883-5000 to learn how we can help you.
Who is Liable for a Trucking Wreck?
There are many different individuals and entities who may be liable for a New Mexico trucking wreck. Some of these parties may be obvious, but some of these may not be that obvious at all to a lay person. Here are some of the people who may be liable for a New Mexico trucking crash:
- The Truck Driver – it should be obvious that the person who is most likely to be liable for a New Mexico trucking wreck would be the driver of the truck. Drivers must have a CDL and spent time studying, passing a written test, shadowing a licensed driver, and then passing a field tests before they get their licenses. Drivers of large commercial trucks have very dangerous machines in their hands and they must be very careful how they operate those vehicles. When a truck driver makes a bad decision such as a reckless one, negligent one, or even a downright dangerous decision, it can result in serious injuries and the wrongful death of a victim. Truck drivers are usually at the center of all defendants in trucking accident litigation.
- The Trucking Company – just as the truck driver is most obvious, it should also not be a surprise that the trucking company is send-most obvious. This is because the trucking company will be liable for any truck wrecks of their drivers under the theory of respondeat superior, a type of vicarious liability between the employer and employee. This means that the employer will be liable for the acts of an employee when they occur within the scope of employment. Trucking companies can also be liable for negligently hiring a driver, negligently training a driver, and providing faulty equipment such as the trucks.
- Other drivers – another common cause of trucking crashes is the acts of negligence of another driver, such as those that may cut off a truck and cause it to swerve or of a car that stops short. This can be very serious and result in catastrophic injury when there are two vehicles involved. Additionally, if the victim is a passenger in a vehicle, the driver of that vehicle could be liable for the negligence.
- Equipment manufacturers – if a component on the truck like a piece of equipment is negligently made, like tires, brakes, or the steering wheel, the manufacturer could also be liable under a products liability case to the victim.
- Government entities – maybe a cause of the subject trucking crash is not just due to the trucking company or truck drier, but maybe the road is improperly rated for too high a speed, or the road is very dimly lit, or maybe even there are holes in the roadway which cause tire blowouts. All of these are examples of issues that could result in the local municipality, county, state, or even federal government to be liable.
There Could be Others Liable for Your New Mexico Trucking Crash: Call Us Today To Learn More About Your Rights!
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.