accidents

What Damages Can I Get in a New Mexico Trucking Wreck?

- Mark Caruso

I Was Injured in a New Mexico Trucking Wreck, What Damages Can I Recover?

Victims of New Mexico trucking crashes are some of the worst injured, most damaged, and most financially punished for the negligence by another person than any other type of motor vehicle crash.  All trucking wrecks, even low-speed or grazed collisions, will cause significant personal injuries to a victim.  These are large commercial vehicles which significant weight and speed to them, especially on an interstate like I-40, I-25, or I-10, which can easily crush, bend, and twist steel vehicles.  The damage they can do to the soft human body is absolutely devastating.

Here are the Caruso Law Offices, P.C., our experienced Albuquerque 18 wheeler wreck attorneys know how catastrophic the injuries to victims in these crashes can be.  We have the knowledge and experience in acquiring compensation for these victims in all types of truck crashes, including 18 wheelers, tankers, double trailers, semis, and other big rigs.  We have ligated cases against some of the largest trucking companies in the United States, including J.B. Hunt, FedEx, and Schneider.  If you or a loved one have been seriously injured or killed in a New Mexico trucking wreck, call us today for a FREE consultation to learn what damages you may be entitled to by dialing (505) 883-5000.

Damages in New Mexico Trucking Crashes: What You Should Know 

A victim of a New Mexico trucking crash will be entitled to damages if the victim can prove that the truck driver and/or truck company breached its duty of care which proximately caused damages to the victim.  All motorists have a duty to use reasonable care under the circumstances in the use and operation of his or her motor vehicle.  When a truck driver fails to do that, it will result in the breach of the duty.

Thus, a victim in a trucking crash will be able to recover compensation for this breach for all damages.  The most common types of damages that a victim may be entitled to include the following:

Pain and Suffering: The actual feelings of pain, suffering, and agony are known as non-economic damages.  A victim can be compensated for an accident which causes him or her pain and suffering.  This is awarded by a jury in a trial, or by a judge in a bench trial.  The pain and suffering will be past pain and suffering from all injuries from the date of the accident to the award.  Future pain and suffering may also be awarded for all pain and suffering from the date of the award until the person’s estimate life expectancy.  This is the most common type of damage that people think of for personal injury lawsuits.

Lost Wages – A victim of a trucking crash will likely be so injured that he or she will not be able to return to work for days, weeks, months, or even years.  Because the victim cannot go to work, he or she will have lost wages from not working.  These lost days from work can be compensated in court by the amount the victim would have earned.

Lost Earnings – When a victim is so injured that he or she cannot return to the same job and must take a different job that pays less, the victim will have lost earnings.  The lost earnings is the difference between the income levels.  For example, a victim of a trucking crash who sustains a broken back may not be able to return to work as a construction worker.  The victim may than have to take a desk job that he or she is not qualified for because the victim was trained as a laborer, thus the victim may not be paid as well.  This difference is what can be compensated.

Medical Bills – A victim of any motor vehicle crash may also be entitled to medical bills from his or her accident.  These medical bills can be rather significant, particularly if there are multiple surgeries or procedures which must be performed.

Loss of Services/Consortium – The victim and his or her spouse or dependents (children, elderly parents), may also recover what is known as loss of services.  That is, since the victim is unable to function in the household to the same level he or she could before the accident, the other people in the victim’s life will be able to recover compensation for the victim’s inability to help.  This can be something simple as household chores like cutting the lawn which can no longer be done and a landscaper must be hired, or something more complex like loss of love and affection.

Property Damage – Victims of trucking crashes will likely have their motor vehicle totaled or damaged significantly to a point where it will create a financial burden on the family and victim.  The negligence defendant can also be required to compensation the victim for the property damage to the victim’s vehicle or possessions.

Damages in New Mexico Trucking Crashes Can be Significant: Call the Caruso Law Offices, P.C. For Your Legal Needs

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Lost Limbs Due to Albuquerque Trucking Crashes

- Mark Caruso

Albuquerque, New Mexico Trucking Crashes Resulting in Amputations and Lost Limbs are Very Serious Cases

According to the Large Truck and Bus Crash Facts annual report from the Federal Motor Carrier Safety Administration (FMCSA), there were over 4,000 fatal large truck crashes which is an 8% increase from the last year.  There were also approximately 87,000 truck crashes resulting in serious injuries.  It is obvious that, when 18 wheelers, big rigs, double trailers, semis, and other large trucks collide with other vehicles there is the potential for very serious injury.  One of the most debilitating and painful injury is when catastrophic damage to a limb requires amputation of the victim’s arm, leg, hand, or foot.

Lost limbs are unfortunately a common injury in New Mexico trucking crashes, especially along the major interstates such as I-40, I-10, and I-25 which go through major trucking hubs like Las Cruces and Albuquerque.  Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking crash lawyers know how to help victims and families recover the money they need to compensate them for pain and suffering, lost wages, medical bills, future medical bills and procedures, and other costs.  To learn more how we can help you and your family, call us for a FREE consultation by dialing (505) 883-5000.

Types of Trucking Crashes Causing Amputations and Lost Limbs

Losing a limb is a traumatic event.  Especially when it is caused by the negligence of another person.  Trucking crashes are very likely to result in such injuries due to the negligence of a truck driver.  This is particularly because of the sheer size, weight, and speed of these large commercial trucks which make even minor bumper taps potentially fatal.  This means large trucks can crush and damage smaller passenger vehicles at even low speeds.  This makes people very susceptible to injuries, particularly to their limbs.

Some common types of trucking crashes resulting in amputations and lost limbs include the following:

  • Rear end collisions;
  • T-bone crashes;
  • High speed accidents;
  • Side-swipe collisions;
  • Crashes from improper lane changes;
  • Jackknife or truck rollovers;
  • Head on collisions; and
  • Many other crashes.

Reasons Lost Limb Trucking Crashes Are So Significant

In personal injury accidents, usually the largest factor determining the compensation is the pain and suffering.  The next largest factor is usually lost wages.  Generally after that medical bills or medical costs would come next.  In any trucking accident cases, especially in lost limb cases, all three of these figures can be incredibly high.

It goes without saying that the pain and suffering for a lost limb can be horrific.  Usually in trucking crashes which result in an amputation the limb is crushed, shredded, and torn to pieces before it is amputated.  Many times limbs can even be trapped in the twisted steel of a trucking wreck.  It is very obvious that the pain is excruciating.

The lost wages will also be staggering.  The amount of time off from work following an amputation will be significant and horrifying.  It may take months if not years to be ready to participate again in the work force after an amputation—especially a very serious amputation like an arm or a leg.  Many people who lose a limb are not able to go back to their pre-accident job.  Losing an arm is very debilitating to almost any office job, while losing a leg can be career-ending for any type of laborer.

Finally, the medical costs will be staggering.  This is obvious in that the costs of any treatment after a trucking crash will be significant.  The additional procedures, surgeries, and treatment in performing the amputation and aftercare is also significant.  The risk of infection is also large, and antibiotic regimens are needed to prevent serious and fatal infections or sepsis.

Lost Limbs Due to Albuquerque Trucking Crashes are Very Serious

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

New Mexico Trucking Crashes Caused by Truck Driver Texting

- Mark Caruso

Texting While Driving is Very Dangerous, Especially When the Driver is a Truck Driver: New Mexico Trucking Crashes and Wrongful Deaths

Cell phone use is pervasive while driving.  People have been talking on the phone while driving for over a decade, and many motor vehicle manufacturers are even creating bluetooth systems to people can continue to talk while driving.  This does make it slightly safer as it allows both hands to be back on the wheel.

Which is why texting while driving is so dangerous, as even with the advent of bluetooth systems it is still very hard if not impossible to text while driving with both hands on the wheel.  Because of this, texting while driving is quickly becoming just as dangerous as drunk driving and drugged driving—if not more dangerous.  Many motor vehicle crashes are being caused when drivers divert their attention, eyes, and hand off the wheel to text.

This is particularly dangerous for large commercial truck drivers, like those who operate tandem trailers, big rigs, semis, flatbeds, tractor trailers, double trailers, 18-wheelers, tankers, and other large vehicles.  A truck driver texting while driving just becomes an unguided missile, especially on the interstates or highways of New Mexico.  If you or a loved one have been seriously injured or killed due to a commercial truck driver texting while driving, call the experienced New Mexico trucking crash attorneys at the Caruso Law Offices, P.C. to learn how to we protect your rights to compensation by dialing (505) 883-5000 for a FREE consultation.

Texting While Driving is Against the Law for All Drivers in New Mexico

Our Legislature in New Mexico has made it illegal for anyone and everyone, except in dire emergency circumstances, to text while driving.  This is provided for in NM Stat. 66-7-374, subdivision (A), which provides that “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle . . . .”

When any driver causes a motor vehicle crash in New Mexico because he or she was driving while texting, that person will be violating this statute.  Victims of that motor vehicle crash can hold that defendant negligent per se, meaning that he or she will be liable for all harm caused by violating what the statute meant to the protect.

The prohibition on texting while driving was intended to protect all motorists on the road, therefore anyone texting while driving and causing an injury will be deemed negligent under these circumstances.  This applies to all commercial truck drivers as well.

Truck Drivers Have an Additional Rule Prohibiting Them From Texting While Driving

Even though NM Stat. 66-7-374 applies to all commercial truck drivers, that is New Mexico statutory law.  There are also federal regulations which apply to all truck drivers no matter what state they are driving in which also prohibit truck drivers from texting while driving.  The specific regulation is 49 CFR section 392.82, which provides that no driver of a commercial truck shall engage in texting while driving.  The regulation also prohibits any trucking company from requiring the truck driver to text while driving.

Unlike the New Mexico statute, a violation of this regulation which causes a personal injury in a trucking crash is not automatically negligence but evidence of negligence.  This means that a truck driver is not automatically liable to a victim.  However, because our Legislature enacted NM Stat. 66-7-374 (something not all states have), victims of New Mexico trucking crashes have been further protected by our government and accidents like this are automatically deemed caused by the negligence of a truck driver.

Therefore, victims in New Mexico have stronger protections and rights, as long as they have an experienced trucking accident attorney that knows this.

The Caruso Law Offices, P.C. is a Trusted, Knowledgeable, and Experienced New Mexico Trucking Crash Law Firm that Victims Need to Call to Get the Maximum Amount of Compensation They Deserve

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Albuquerque Truck Crashes Caused by Driver Inexperience: Who is to Blame?

- Mark Caruso

Albuquerque, New Mexico Truck Crashes Caused by Driver Inexperience Results in Liability for Driver AND the Trucking Company

It goes without saying that large commercial trucks are very different than other motor vehicles on the road.  They are much more difficult to drive and require special training, skill, and even a special CDL license.  This license requires not just a paper test, but also ride-along hours before a physical road test.  Most trucking companies, particularly the largest companies like US Parcel, Schneider, FedEx, and other companies also require new drivers to do certain training and safety courses.  They sometimes even have to pass company-specific training courses or tests.

However, sometimes these are not enough to keep dangerous drivers off the road.  And the most dangerous truck drivers in New Mexico are the ones with the least amount of experience.  Here at the Caruso Law Offices, P.C., we know that.  We have handled many cases where the truck driver was undertrained and never should have been on the road.  Yet trucking companies still allow these dangerous drivers to be on the road and cause serious injuries to other drivers.  If you or a loved one have been injured in a truck crash in Albuquerque or anywhere in New Mexico, call us for a FREE consultation by dialing (505) 883-5000.

Trucking Companies are Liable for Inexperienced Truck Drivers

Before a trucking company loads up a truck driver with large, heavy cargo and throws him or her onto the interstate such as I-40, I-10, or I-25, the truck driver must be well-trained.  Large commercial trucks like semis, big rigs, tandem trailers, tankers, flatbeds, and other large vehicles are incredibly dangerous.  Trucking companies need to ensure that their truck drivers are able to handle the huge responsibility of safely delivering cargo throughout the United States.

And when trucking companies do not, it can result in liability for the trucking company.  This is because trucking companies are vicariously liable for the acts of their truck drivers such as trucking crashes.  This is under an ancient legal doctrine which still survives today, known as a master-servant relationship called respondeat superior.  This doctrine means that a master or employer will be liable for the acts or omissions of a servant or employee.

Therefore, when a truck driver is negligent in causing a trucking accident in Albuquerque, it will result in liability for the trucking company.  This is an important tool for personal injury victims to use to win their case.

Truck Drivers Who Cause Albuquerque Truck Crashes Will Make Their Trucking Companies Liable

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Motorist Killed When Cargo from Truck Falls Off and Hits Her: Las Cruces Trucking Accident Attorneys Explain

- Mark Caruso

Innocent Woman is Killed in a Las Cruces Trucking Accident When Improperly Secured Cargo Launched off a Commercial Truck and Into Her Vehicle

News outlets are reporting that a southern New Mexico woman, 51 year old Amelia Dominguez, was killed in a New Mexico trucking accident on State Route 9.  Cargo fell off of the commercial truck and launched into her vehicle.  She was severely injured and died days later at an area hospital.  The truck was going one way and she was going in the opposite direction.  The police investigation found that that a safety tie down restraint broke or otherwise disengaged from the load.  The load then launched into the opposite lane where Ms. Dominguez was driving in the opposite direction.

Here at the Caruso Law Offices, P.C., we know that all aspects of commercial trucking is dangerous.  Sometimes the actual truck itself is not what can kill a victim.  Excessive cargo, unsecured cargo, and improperly transporting objects can be just as deadly as falling asleep at the wheel.  Our experienced Las Cruces New Mexico trucking accident attorneys have the resources, knowledge, and experiences in handling these types of very serious trucking crashes.  If you or a loved one have been seriously injured or killed in a trucking accident due to falling cargo, call us for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

All Truck Drivers and Trucking Companies Are Responsible for Cargo on Their Commercial Trucks

Under New Mexico Law, according to NM Stat. 66-7-364 it is illegal to place injurious material on a highway which includes cargo from a truck.  There is also New Mexico common law, or judge-made law, which requires truck drivers to guard against cargo falling off of their vehicles and striking others on the roadway.  It would be negligent to allow cargo to fall off and recklessly or unnecessarily harm another.

There are also extensive federal regulations of FMSCA which allow throughout the United States.  Specifically, these regulations require that all truck drivers and truck companies must inspect and secure their cargo pursuant to 49 CFR s 392.9.  In fact, truck drivers must even inspect their truck within the first 50 miles after beginning a trip and make adjustments.  In addition, 49 CFR s 393.100 also contains protections against shifting and falling cargo and provides an extensive list of scenarios, fixes, and devices that must be done.

When a truck driver and trucking company fail to comply with New Mexico statutory law, New Mexico common law, and the federal regulations, it can result serious personal injuries to a victim in a Las Cruces trucking accident like to Ms. Domingeuz.  This can be negligent.  Under the doctrine of negligence per se, the violation of a statute meant to protect a victim from harm will automatically result in a finding of negligence.  Meaning that the trucking company and truck driver are automatically liable.

However, a violation of a federal regulation is only evidence of negligence–it is not automatically.  Nonetheless, a violation of federal regulations is a strong tool to use against a defendant trucking company or truck driver which killed an innocent person.

In the case above, it is highly likely that the trucking company or truck driver will be negligent as a matter of law for Ms. Dominguez’ untimely and horrific death under negligence per se and under the common law.

Unsecured Cargo Can Kill, and If it Does Call the Caruso Law Offices, P.C. to Protect Your Rights Today!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Things Truck Drivers Don’t Want You to Know About New Mexico Trucking Accidents

- Mark Caruso

New Mexico Truck Drivers Don’t Want Victims of New Mexico Trucking Accidents to Know These Things

Victims who have been injured in serious New Mexico trucking accidents have rights to compensation in a personal injury lawsuit that truck drivers and trucking companies do not want you to know about.  Period.  But the experienced New Mexico trucking accident attorneys at the Caruso Law Offices, P.C. need to ensure that victims know their rights to compensation.  If you or a loved one have been injured in a New Mexico trucking crash, call us immediately to learn how we can protect your rights by dialing (505) 883-5000 today.

Secrets Truck Drivers Don’t Want You Knowing

Truck drivers that make mistakes on the highway or interstates such as I-40, I-25, or I-10 can easily kill occupants of passenger vehicles.  When this happens, victims have many tools to win a lawsuit and obtain compensation against the trucking company and truck driver.  But they don’t want victims to know about these things.  Here are some important things to know to win:

Hours of Service Regularly are Regularly Violated – Trucking companies and truck drivers must follow federal hours of service regulations.  However, trucking is a business and time is money.  Truck drivers regularly lie on their log books or inaccurately keep time.  They stretch their hours of sleeping or resting to they can continue driving more than legally allowed.  However, almost all trucks have computers on their engines which monitor time being used and time not used.  This can be downloaded and you can establish that the hours of service regulations were being violated.

Many Truck Drivers are Abusing Caffeine or Drugs to Stay Awake – Driving across the country constantly can be very tiring.  Especially when you do it several times and are constantly driving.  This is why truck drivers need to help keep themselves awake by taking caffeine supplements or other products to stay awake.  Yet there is no real replacement for sleep to make yourself awake, alert, and ready.  Some truck drivers even turn to illegal drugs such as cocaine and other stimulants to keep them awake longer and able to drive longer.  This can affect a driver’s ability to react to traffic patterns; drugged driving and driving under the influence or while ability impaired is illegal.  Truck drivers don’t want victims to know how common it really is.

Truck Drivers are Taught to Rear End the Vehicle in Front of Them Rather Than Try to Truck Away – If a truck driver is not paying attention or is unable to stop in time before rear ending another vehicle, truck drivers are actually taught to rear end that vehicle instead of trying to swerve at the last second.  The reason is that swerving could result in the truck jackknifing, flipping over, or hitting multiple other vehicles instead of just one.  If a truck blocks an entire highway, many more people could be seriously injured or killed instead of just the victims in one vehicle.  Thus, the car in the front is a sacrifice in a trucking accident.  Truck drivers are also taught that swerving can result in them getting killed, whereas in a rear end collision it is entirely unlikely.

Truck Drivers Hate This Blog Post, But You Should Bookmark it And Call if You or a Loved One Are Every Hurt in a New Mexico Trucking Accident

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Paralyzed Victims of Albuquerque Car Wrecks Are Entitled to Future Care and Suffering

- Mark Caruso

Albuquerque, New Mexico Car Accidents Can Cause Catastrophic Injuries Resulting in the Permanent Paralysis: Victims May Be Entitled to Compensation for Future Care and Pain and Suffering as a Result

One of everyone’s worst fears is a serious car wreck, especially one with a large commercial truck.  These crashes can be catastrophic and devastating, causing serious injuries and killing victims.  To those lucky enough to survive, victims may be left with rather debilitating conditions affecting them for the rest of their lives.  Unfortunately, a common debilitating and permanent injury is paralysis of a portion or large majority of a victim’s body.

Victims of Albuquerque car wrecks who are no paraplegic, quadriplegic, or otherwise paralyzed as a result of a serious motor vehicle accident should call the Caruso Law Offices, P.C. immediately to learn what rights to compensation they may have.  These victims are entitled to not just their past pain and suffering and medical bills, but also compensation for their future care and future pain and suffering which many personal injury attorneys may forget or not be skilled enough to obtain.  Our experienced Albuquerque car accidents attorneys know how to prove these claims and obtain the maximum amount a victim may be entitled to.  Call us today for a FREE consultation to learn how we can help you or your loved one by dialing (505) 883-5000.

Understanding Paralysis: Paraplegia and Quadriplegia Defined

Serious motor vehicle crashes can result in life-long injuries including paraplegia and quadriplegia.  It is important that those who have suffered serious injuries know the full-extent of these medical conditions.  Some people may have one of these conditions and not know it, but may be entitled to very significant compensation for these injuries.

Paraplegia is defined as an impairment, injury, or damage to the motor or sensory function or the lower extremities usually caused by a spinal cord injury.  The spinal cord is what sends messages from the brain to the extremities to tell control them to move or receive sensation such as pain, pressure, moisture, or heat.  Paraplegia is the injury to both lower extremities.  People with paraplegia may still be able to walk, but are likely dependent and canes, wheelchairs, walkers, or other devices to assist with walking.

Quadriplegia is defined as paralysis that results in the partial or total loss of use of a person’s limbs and torso.  This loss is usually sensory and motor, which generally means a person cannot move or sense.  Thus, quadriplegia is the paralysis of all four limbs.  This is caused from a high spinal cord injury, such as in the neck or cervical spine.  Some feeling or movement may be in some locations of the body, but overall a complete lack of ability to sense or move is present.

Types of New Mexico Car Crashes Resulting in Paralysis

It is important to know that any type of motor vehicle accident can result in paralysis of any part of a person’s body.  This means any speed, any vehicle, any angle, and to any person.  Motor vehicles are large and dangerous objects moving at high speeds.  The human body, while resilient, is simply not made to withstand impacts with large metal objects.

There are certain types of motor vehicle accidents which are more likely to cause paralyzing injuries, including with large commercial trucks such as semis, tandem trailers, big rigs, 18-wheelers, and other massive vehicles.  Some common types of crashes resulting in paralysis with an explanation include the following:

Trucking accidents – these are large vehicles with a lot of force to disperse in a collision, resulting in a lot of potential for injury;

Motorcycle crashes – motorcycle riders are not protected with seatbelts, airbags, or even in a steel shell to protect them, and they are more likely to sustain serious injury to their spine in collisions;

– Interstate collisions – I-40, I-25, I-10, and the other major highways doing through New Mexico are very dangerous because high-speed collisions cause more force, which result in more serious impacts and injuries;

– T-bone crashes – Any side-impact or t-bone crash is devastating because the driver hit on the side only has a small amount of metal and protection from the large engine block of the other vehicle acting as a battering ram;

– Rear end collisions – Impacts from the rear place significant stress on the spine, particularly the cervical or neck, which can result in damage to the spinal cord and paralysis;

– Roll over accidents – when a vehicle rolls over, the passengers are thrown about inside at a high-speed in different directions which can cause serious injury to the spine;

– Ejectment accidents – if a vehicle is hit with such force that a passenger is ejected from the vehicle, it can obviously cause serious and significant injuries to an unprotected person;

– Pedestrian knockdowns – when a pedestrian is hit by a vehicle, the pedestrian is likely to suffer horrible head, neck, and back injuries for the sole reason that he or she is not protected by any safety devices; and

– Many other serious causes.

Any Paralysis Injury Caused by an Albuquerque Car Accident Should be Evaluated by the Caruso Law Offices, P.C.

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Two Passengers from Roswell Killed in US 70 New Mexico Truck Crash: NM Attorney Explains

- Mark Caruso

New Mexico Rear End Truck Accident Kills Two from Roswell on US 70 near Elida, New Mexico: New Mexico Trucking Accident Attorney Explains the Rights and Liabilities

According to multiple news outlets, a horrible motor vehicle crash occurred on March 25, 2017 at about 2:15 PM on US 70 just south of Elida, New Mexico.  Alexander Horton and Leonard Padilla, both from Roswell, New Mexico were killed when the semi truck driven by Jack Pulliam of Amarillo, Texas rear ended the vehicle they were passengers in.

Alexander Horton and Leonard Padilla were passengers in the vehicle driven by Stephanie Yamteh who also is from Roswell.  She sustained serious injuries and was airlifted to University Medical Center in Lubbock, Texas.  Jack Pulliam, the young truck driver, was taken to Roosevelt General Hospital in Portales, and treated for minor injuries.

US 70 is a major highway cutting across southern New Mexico.  It crosses with some of the largest trucking highways and interstates in the county, including I-25 in Las Cruces, New Mexico and I-10 in Lordsburg, New Mexico.  Major trucking companies such as Estes, FedEx, US Parcel, Schneider International, and other companies frequently use these highways to ship cargo throughout the United States.

Our experienced New Mexico trucking accident attorneys at the Caruso Law Offices, P.C. have seen many fatal trucking accidents in this corridor.  If you or a loved one have been serious injured or killed in this area, call us today for a FREE consultation by dialing (505) 883-5000.

Wrongful Death Actions in New Mexico

There is nothing that can be said or done to bring back a life lost due to the negligence of a truck driver.  No amount of compensation and no amount of punishment for the negligent truck driver or trucking company.  Human life is just not replaceable.

New Mexico law attempts to help compensate a family such as the Hortons and the Padillas by allowing a family to commence a wrongful death lawsuit.  NM Stat. 41-2-1 defines a wrongful death as a death that was caused by a wrongful act, neglect, or default of another.  A rear end truck accident easily fits that classification.

The purpose of a wrongful death lawsuit is for two main reasons.  The first is to compensate the victim’s family for the loss of their loved one’s love and affection, services, consortium, and financial support.  A victim’s family can also seek compensation for their loved one’s pain and suffering which ultimately caused his or her death.  The second purpose is to punish the negligent party to help serve as a deterrent to stop causing accidents and injuries such as these.

Rear End Trucking Accidents on the Interstate are Almost Always Negligent

When one driver rear ends another vehicle, it is almost always negligent unless there is a non-negligent excuse.  There almost never is a non-negligent excuse in a rear end crash on the interstate.  This is because following too closely is a violation of the vehicle and traffic law.  Under NM Stat 66-7-318, “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  When a truck rear ends another vehicle on an interstate, such truck is likely violating this statute and negligent as a matter of law.

This is very serious.  Large commercial vehicles such as big rigs, semi truck, tandem trailers, and other large trucks which rear end a smaller passenger vehicle almost always kill if not seriously injury passengers in the other vehicle.  Which is what occurred here on US 70 to Alexander Horton, Leonard Padilla, and Stephanie Yamteh.

From the limited facts of this case, and based on the Caruso Law Offices, P.C.’s experience handling similar cases, there could be many causes of this accident including the following:

  • Excessive speed or speeding of the truck driver;
  • Fatigued driving by the truck driver, such as violating the hours of service regulations;
  • Drunk driving of the truck driver;
  • Drugged driving by the truck driver, particularly drugs to help stay awake or stimulants;
  • Truck driver inexperience, particularly given that the truck driver was only 22 years old;
  • Inadequate training for the truck driver by the truck company;
  • Dust storms or weather requiring the truck driver to slow down;
  • Distracted driving such as on a cell phone of playing with the radio;
  • Mechanical failure of the truck such as brakes or steering wheel failure; and
  • Many other causes.

Roswell Trucking Accident Victims Should Call the Caruso Law Offices, P.C. for Legal Representation

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. 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.

Injured in the Cab of a Truck: New Mexico Trucking Accident Injuries to Co-Drivers

- Mark Caruso

When a Co-Driver in a Truck is Injured by the Driver in a New Mexico Trucking Crash, He or She May Be Entitled to Compensation

Some of the largest trucking companies use New Mexico’s busy interstates to transport cargo throughout the United States.  Indeed, companies such as US Parcel, Schneider, and FedEx us I-40, I-25, and I-10 to ship goods north and south, and east and west, through New Mexico and to different ends of the country.  In long and large shipping deliveries, trucking companies may use two drivers to help transport their goods in a faster timetable.  This allows one driver to sleep and rest in the cabin while another driver focuses on the road.  Then they can switch when the hours of operation regulations require rest.

While this can be a safe practice, unfortunately sometimes it is not.  The sleeping driver is completely at the whim of another truck driver and defenseless to any negligence.  Large commercial trucks such as big rigs, tankers, 18 wheelers, tandem trailers, tractor trailers, and other large trucks are always very dangerous.  A sleeping driver could be involved in a serious trucking accident and never wake up.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident attorneys know how devastating it can be for a loved one to perish in a catastrophic trucking crash.  We have the experience and knowledge necessary to zealously represent a victim and his or her family to ensure they get the maximum compensation they deserve.  Call us today by dialing (505) 883-5000 for a FREE consultation.  We represent many drivers in Ontario, Upland, and the surrounding area in serious trucking accidents which they did not cause, and we help them receive the compensation they deserve.

Rights of a Sleeping Co-Pilot in a Trucking Collision

When another driver is sleeping in the cabin while a coworker drives and causes a serious New Mexico trucking accident, the sleeping driver can easily be seriously injured.  The sleeping driver is not doing anything wrong and cannot be liable for the accident.  Thus, he or she has rights to compensation against the negligent part.

If the negligent party is the other truck driver – When the co-driver is the negligent party, the sleeping driver will have rights to commence a lawsuit against the negligent co-worker and his employer.  However, this is only where the employer does not comply with New Mexico Workers’ Compensation Act which requires an employer to carry workers’ compensation insurance.  If an employer does NOT comply with the Workers’ Compensation Act, an injured driver can commence and action.  Otherwise, it is unlikely an employee will be able to sue an employer.  However, it should be noted that if the employee is really an independent contractor and not an employee, the injured employee CAN sue!

If the negligent party is another driver – When the co-driver is not the negligent party but rather another driver on the roadway causes the serious New Mexico trucking accident, the sleeping driver can commence a personal injury lawsuit against the other driver.  The other driver will likely commence a third party action against your co-driver, employer, and even you, but that may have little effect on your recovery.

New Mexico Trucking Accidents Injuring or Killing Co-Drivers

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.

Burn Injuries from New Mexico Trucking Accidents

- Mark Caruso

New Mexico Trucking Crashes Can Cause Serious Burn Injuries

While all motor vehicle accidents can obviously cause serious trauma, such as broken bones, spinal cord injuries, brain injuries, and ruptured organs, sometimes it is not the impact trauma which is the cause of injury or death.  That is, besides the initial impact in the motor vehicle accident, there can be secondary events which cause serious personal injuries.  One of the most devastating type of secondary event is an explosion of fire.  While less common with smaller motor vehicles, large commercial trucks such as big rigs, 18-wheelers, tandem trailers, and other trucks—especially tankers—can result in very significant fires.

If you or a loved one have been seriously injured in a New Mexico trucking accidents causing serious, permanent, and debilitating scarring, call our experienced Albuquerque trucking accident attorneys at the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can protect your rights to compensation.  We know how difficult it can be for a victim to recover after a serious motor vehicle accident, and we will help take the burdens off your shoulders to focus on your recovery.

Burn Injuries in Trucking Crashes on Interstates

The most common place for an explosion or fire to occur following an Albuquerque trucking accident is on an interstate like I-40, I-25, and I-10.  These high-speed interstates carve through New Mexico and support the entire country through its trucking routes.  In fact, some of the largest trucking companies such as Estes, Schneider, US Parcel, Swift, and McLane.  The reason is the force of the impact at a high speed is more likely to rupture a gas tank or cause sparks and a fire.  These types of accidents are dangerous for this reason.  Further, patients trapped in vehicles could also burn alive without a way to escape which his also a very serious situation.

When a fire occurs in an interstate trucking accident crash, it can cause very serious personal injuries.  These injuries include the following:

  • Severe scarring;
  • Brain damage;
  • Lung damage;
  • Nerve damage;
  • Loss of eyesight;
  • Loss of hearing;
  • Loss of sense of smell;
  • Muscle damage;
  • Amputations;
  • Loss of fingers or toes;
  • Permanent loss of hair;
  • Need for skin grafting;
  • Organ damage;
  • Massive infection;
  • Reoccurring infection;
  • Nerve pain disorders;
  • Psychological injuries such as depression, anxiety, or post-traumatic stress;
  • Wrongful death; and
  • Many other injuries.

Injured in an Albuquerque Trucking Crash and Burned from an Explosion or Fire, Call our Experienced Attorneys at the Caruso Law Offices, P.C.

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. 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.