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Large commercial trucks like big rigs, 18 wheelers, semi tractors, and other box trucks are incredibly dangerous vehicles on our roadways when they are working properly. But when they are not working properly due to a trucking defect or a mechanical failure, they can be like unguided missiles and result in serious personal injuries or wrongful death. Failures like tire blowouts, brake failures, steering column failures, and other serious mechanical defects can result in catastrophic injury to innocent people.
However, after a trucking crash a truck driver may immediately say it is not his or her fault the mechanical defect broke. Or a trucking company may say that they just bought the part and it cannot be their fault. An insurance company will also try to make you believe a tire blowout was a freak accident which could not be avoided. This may leave a victim wondering who is liable when a truck’s mechanical failure causes a truck wreck.
This is why you need to hire the Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys Trucking accidents are what we do and what we focus on. We have fought some of the largest trucking companies throughout the country, including FedEx, J.B. Hunt, UPS, and many others. If you or a loved one have been seriously injured or wrongfully killed in an Albuquerque truck crash or any other trucking crash in New Mexico, call us at (505) 883-5000 to schedule a FREE consultation to learn what your rights to compensation may be.
Do not be fooled by the truck driver, trucking company, and their insurance carrier. Under New Mexico common law, or judge-made law, the operator of a motor vehicle must ensure that it is in proper working condition prior to the use and operation of such vehicle. Any defect that results in a motor vehicle crash will be the liability of the vehicle’s operator with the defect. Even a hidden defect will result in liability.
When there is a trucking company involved, this means that both the truck driver (the operator) and the trucking company will be liable. The trucking company is liable because an employer is responsible for the negligent acts or omissions of its employees through the doctrine of respondeat superior. This is a type of vicarious liability that means the employer is liable for the mistakes of the employee.
In addition, federal regulations require the truck drivers inspect their vehicles and not drive their vehicle until it is in good working order. Under 49 CFR section 392.7 (a), “[n]o commercial motor vehicle shall be driver unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed” including the use of brakes, steering mechanism, lighting devices and reflectors, tires, horn, windshield wipers, coupling devices, wheels and rims, and emergency equipment.
If there is a defect in any of these pieces of equipment which causes an Albuquerque trucking crash, the truck driver will be responsible. As noted above, since the trucking company will be vicariously responsible for the negligence of the truck driver, when a truck driver fails to check his or her equipment and causes a trucking crash the trucking company is also liable.
If an Albuquerque truck crash caused by mechanical failure caused your personal injury, you may have rights to protect. Here at the NM Truck Accident Attorneys, our lawyers focus on trucking accidents and our staff is trained to work on complex medical and trucking cases. We have the experience and knowledge necessary to prove liability and demonstrate your damages to a court in order to obtain the compensation you deserve for your injuries. Call us today to schedule a FREE consultation by dialing today (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.