News sources are reporting an awful crash that occurred between Albuquerque and Arizona on I-40. The crash involved three big rig trucks and resulted in the death of one individual. Police say that five our people were injured in the crash. News agencies are reporting that one big rig crossed the centerline median and flipped over. Two other big rigs crashed into the truck resulting in a pileup collision. There is no known cause at this time. Reporters are noting that this is the third time a tractor trailer collision has occurred when one vehicle is crossing the centerline and striking another vehicle. Learn more about this fatal trucking crash from our Albuquerque, New Mexico trucking accident lawyers.
I-40 is a fast-moving interstate and the area where the fatal three big rig collision occurred is in an area where there are no centerline barriers or cables. This means that staying on the correct side of the centerline is the province of the truck driver. When a truck driver fails to stay on his or her side of the lane, it can result in serious personal injuries or wrongful death. This is especially true on I-40 and other interstates like I-25, or I-10 where vehicles are traveling at high rates of speed.
When a truck driver crosses the centerline and collides with another vehicle, that truck driver may be both negligent under the common law (judge-made law) or statutory law (legislatively-made law). Under common law, all motorists must use reasonable care in the use and operation of their motor vehicle. Crossing over the centerline and colliding with another vehicle is not reasonable care. When a truck driver fails to do that and causes a serious injury or wrongful death, he or she may be negligent.
In addition, a truck driver may also be negligent under statutory law. This is because New Mexico Stat. 66-7-308 provides that “[u]pon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway and where practicable, entirely to the right of the center thereof[.]” When a truck veers into the oncoming lane, it could be a violation of this section of law. Because this section of law is intended to protect other individuals on or near the roadway from foreseeable harm, a truck driver that violates this section of law could be found to be negligent per se. This means a truck driver is automatically liable for the personal injuries caused to a victim due to the violation of this statute.
Here at the Mark Caruso, our experienced Albuquerque trucking accident lawyers send our condolences to those who have been seriously injured or wrongfully killed in this fatal three big rig crash on I-40. If you or a loved one have been seriously injured in a trucking accident case, 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.