Last week a fatal Jal pickup truck crash involving a semi tractor trailer resulted in the death of 5 Texas residents. Four oilfield workers were in the pickup truck which crossed the centerline and struck the tractor trailer head on in what became a horrific New Mexico trucking accident. The 18 wheeler wreck occurred on New Mexico State Route 128 east of Jal, New Mexico and about 195 miles east of El Paso, Texas.
The semi tractor truck driver was Rayshawnda Riley, 27, of Arlington Texas. Mr. Riley’s family has certain rights to protect in this crash, and they should know that a New Mexico trucking accident lawyer like the experienced Albuquerque trucking accident lawyers at the Mark Caruso should be hired to help.
New Mexico State Police are providing more information of the fatal Jal pickup truck crash on State Route 128. According to police, Rayshawnda Riley was a 27-year-old semi tractor trailer truck driver from Arlington, Texas. He was operating a big rig that was used to haul sand. At the time of the subject accident, Mr. Riley’s truck was empty and he was not hauling sand.
As he was traveling back to Texas in the eastbound lane when the crash occurred. Four oilfield workers in a pickup truck were traveling west from Texas when their pickup truck crossed the centerline and hit Mr. Riley’s truck head on. All five people were declared deceased at the scene of the New Mexico trucking accident.
Even though Mr. Riley was from Texas, the situs (or location) of the big rig crash was New Mexico. Thus, it is imperative that a New Mexico trucking accident lawyer be retained to help protect Mr. Riley’s rights under New Mexico law which is what will be applied to the facts of this case. This means that New Mexico law will apply to determine the rights and liabilities of the parties.
Presently, New Mexico State Police have not indicated that Mr. Riley was in the fault for this crash. However, while not asserting blame, NMSP have indicated that the pickup truck crossed the centerline. The reason is unknown, but this is generally a violation of New Mexico Statute 66-7-308 which requires “[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[.]”
Where, as here, the pickup truck crossed the centerline and caused the New Mexico trucking accident, it is likely that the pickup truck driver will be found automatically negligent for the 18 wheeler crash by virtue of violating NM stat. 66-7-308. This is because of the negligence per se doctrine, which allows a victim of an 18 wheeler wreck to hold the violator of a statute, which is meant to protect the victim from the harm that occurred, automatically liable when the harm occurs to that protected person due to the violation. Said differently, when a statute is violated that is meant to protect someone from a harm, the violator that caused harm to that person is liable.
The wrongful death of a loved one is never expected and it is never tolerated. This particularly crash is particularly devastating because five people were killed in the fatal Jal pickup truck accident. Here at the Mark Caruso, our compassionate and experienced legal team will work with you and your families to help identify and protect your rights under New Mexico law. Call our experienced lawyers today to schedule your FREE consultation 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.