Albuquerque

New Mexico Truck Rollover Accidents

- Mark Caruso

Serious Injuries from Truck Rollover Accidents in New Mexico

Semis, tractor trailers, big rigs, double trailers, and other large commercial vehicles are large and heavy.  When they flip over or rollover it can be disastrous to any passenger vehicles unfortunate enough to be in the way.  Most passenger vehicles will be absolutely crushed if they are caught under a truck which flips or rollover.  This will cause catastrophic injuries to the occupants of those vehicles, usually causing fatalities and wrongful deaths due to the trucking crash.

Here at the Caruso Law Offices, P.C., we know how dangerous and deadly truck rollover accidents are in Albuquerque, Las Cruces, Roswell, Rio Rancho, Santa Fe, and all throughout New Mexico.  We represent those injured or killed in trucking crashes and hold the trucking companies liable for their mistakes.  If you or a loved one were injured anywhere due to a truck driver’s mistakes, call us now for a FREE consultation by dialing (505) 883-5000 to learn how we can obtain the maximum amount of compensation you may be entitled to.

Causes of Truck Rollover Accidents

Truck rollover crashes in New Mexico are caused by the negligence of someone, usually the truck driver or the trucking company.  These large commercial vehicles do not simply tip over by themselves.  Lack of care, training, and attention is the primary cause of truck rollover accidents which serious injury or kill victims.

Some common causes of truck rollover accidents in New Mexico include the following:

  • Improper lane changes;
  • Hard braking at the last minute;
  • Going too fast around a curve;
  • Changing a lane too fast;
  • Making a turn too fast;
  • Improperly loaded cargo;
  • Aggressive driving or road rage;
  • Falling asleep at the wheel;
  • Drugged or drunk driving;
  • Mechanical failures; and
  • Other common causes.

Any time there is a truck rollover accident, all victims must contact a New Mexico truck accident lawyer to learn what rights they may have to compensation.  No matter what the insurance company and truck driver tell you, large commercial trucks do not fall over by themselves.

Injuries from Truck Rollover Accidents

The sheer size, weight, and speed that a large commercial truck like an 18-wheeler or semi flip over and roll over will always cause catastrophic injuries to anyone that comes in its path.  These injuries can result in horrific pain and suffering, debilitating medical bills, and years of recovery and lost wages.

Some common injuries include the following:

New Mexico Truck Rollover Accidents Require an Experienced Personal Injury Attorneys’ Help

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.

What are my Rights as a Passenger in a New Mexico Motor Vehicle Crash

- Mark Caruso

Passengers Have Different Rights and Liability Than Drivers in New Mexico Motor Vehicle Crashes: New Mexico Personal Injury Attorney Explains

Any type of motor vehicle crash can result in multiple victims being injured or killed by negligent acts or omissions of a driver.  However, all drivers could have come fault in the accident—even if one was not the actual or direct cause of the accident.  Whereas passengers very likely have any fault in causing the accident because they were not operating a vehicle.  This is why passengers and drivers have different rights and liability in New Mexico motor vehicle crashes.

Therefore, it is important that passengers who are victims of motor vehicle crashes call an experienced New Mexico personal injury attorney to represent their rights.  They do not have the same rights or liabilities as a driver, and passengers may be entitled to more money than a driver.  Here at the Caruso Law Offices, P.C., we have represented passengers who were victims of some horrific motor vehicle crashes in Albuquerque, Las Cruces, Roswell, and almost throughout the entire state.  If you or a loved one was injured or killed as a passenger in a motor vehicle crash, call our experienced New Mexico motor vehicle crash attorneys to learn more how we can help protect your rights to compensation by dialing (505) 883-5000.

Establishing Fault in New Mexico Motor Vehicle Crashes

There are many different possible causes of all motor vehicle crashes.  In fact, most times motor vehicle crashes are inappropriate for accelerated judgment, known as a motion to dismiss or for summary judgment, simply because there could be so many different things a reasonable person could have done to avoid the accident.  This means that there is a question of fact for a reasonable person, i.e. the jury, to resolve.

However, passengers very rarely have any comparative fault in a motor vehicle accident.  Unless a passenger is distracting the driver, grabs the wheel, or blocks the driver’s view, it is very unlikely for a passenger to have caused a motor vehicle crash.

This means that a passenger cannot be found partially at fault for the crash.  Said differently, this means that a passenger is entitled to recovery the full amount of his or her injuries because he or she will be said to not have contributed to the crash.  This means that victims who are passenger are usually in a better position to recover compensation from the other parties.

Passengers Who are Children Have Special Rules

Where a passenger in a vehicle involved in a motor vehicle crash is a minor, that child has slightly different rules regarding the lawsuit when the parent was the driver of the car the child was in.  This is because, unfortunately and technically, the child may have a claim against the parent for negligent driving or comparative fault.

For example, if the defendant is 90% at fault for the car crash but the parent admitted to not paying attention and could have braked or mitigated the accident by taking some last-second evasive maneuver, the parent could be liable for 10% of the crash.  This means the passenger-child can collect 90% of the judgment from the defendant and 10% from his parent.  That may not seem like a lot, but damages to children are often very high and above a million dollars.  That means 10% could be well-over a $100,000 in compensation.

Because of this, the same lawyer cannot usually represent the parent-driver and the child-passenger.  This is to avoid a conflict of interests.  It is important for victims to know about this, because it could result in a big problem during the lawsuit or at the time of trial.  It is also important to know about this because it could be a source of compensation for the child to recover damages for the car crash from, i.e., the parent’s insurance company.

Passengers Hurt in New Mexico Motor Vehicle Crashes Need to Call 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.

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.

What to Do for Head Injuries After New Mexico Motor Vehicle Crashes

- Mark Caruso

New Mexico Personal Injury Attorney Explains What to Do For a Head Injury After a Motor Vehicle Crash

Your head is the most important part of your body.  It is also one of the most fragile and susceptible to injury.  All head injuries are serious.  These injuries could be caused by a litany of different things.  But one of if not the most dangerous causes of head injuries are New Mexico motor vehicle crashes.  Even low-speed motor vehicle crashes can launch a victim through a windshield and cause serious head injuries.  All occupants in any motor vehicle crash should consult with a doctor for a head injury, including just whiplash injuries.

Here at the Caruso Law Offices, P.C., we know that head injuries caused by New Mexico motor vehicle crashes require special care and attention only a zealous, knowledgeable, and experienced New Mexico car accident attorney can give a victim.  We provide a FREE case evaluation to explain what your rights to compensation may be.  Call us today to learn more how we can obtain the maximum amount of compensation you may be entitled to by dialing (505) 883-5000.

Steps to Take After a Head Injury in a New Mexico Motor Vehicle Crash

Victims of any motor vehicle crash need to take several steps to protect themselves.  These steps apply in all motor vehicle crashes, but particularly are important in accidents causing head injuries or trucking crashes.

1) – Get Medical Attention Immediately – If you are injured in any accident, you must always get medical attention immediately.  This is especially true in a motor vehicle crash causing a head injury.  Do not refuse medical attention and attempt to treat yourself online with webMD.  If you take the steps to do the research online to check your symptoms, you are concerned enough that you should be going to the hospital or to a doctor.  A head injury is very serious and any delay in treatment can result in irreversible and permanent damage.  The longer you wait, the worse you will make your claim as well.  Delays in treatment just allow defense attorneys to pick apart your claim that you were seriously injured.  Obviously if you did not go right to the hospital you most not have been that injured!

2) – Obtain the Police Report and See if There Was an Investigation – After you have stabilized yourself with medical treatment, you need to contact any first responders to get any accident reports or investigation notes.  If you are still in serious condition for several weeks after the subject accident, you need to get someone close to you to contact the first responders.  Start with the police report which will get you a basic understanding of what occurred.  Also ask if there was an investigation performed by police, this is common in very serious accidents resulting in critical personal injuries.  Get all of the records that police will provide to you.

3) – Put in a Claim with Your Insurance Carrier – Let your insurance carrier know as soon as possible that there was a serious personal injury caused by a motor vehicle accident.  You need to report the crash to get compensation for your vehicle damage and to your medical bills.  But you may want to wait to call your insurance company until you . . .

4) – Call a Personal Injury Lawyer – Any injury caused by a motor vehicle crash should be evaluated by a personal injury lawyer.  This is especially true when there is a head injury.  These are very serious injuries which are complicated to prove in court and to win compensation.  You need to have experienced and zealous representation.  You also need someone who know what games the insurance company will pay with you, and how to prove your head injury to get compensation.

Head Injury?  Call the Zealous, Knowledgable, and Experienced New Mexico Motor Vehicle Crash Attorneys at the Caruso Law Offices, P.C. to Get the Maximum Compensation You May Be Entitled To

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.

I-40 Four Vehicle Crash in Albuquerque, NM Causes Serious Injuries

- Mark Caruso

Four Vehicles Were Involved in an I-40 Crash Injuries Two in Albuquerque, New Mexico

News agencies are reporting a serious four-vehicle motor vehicle crash on I-40 in Albuquerque, New Mexico which occurred on August 4, 2017.  This crash injured two people involved.  One person has been critically injured and was taken to the hospital in critical and serious condition.  The victims were taken to the University of New Mexico (UNM).  The accident occurred between 12th Street and Rio Grande.  There are few other details available at this time given that the accident happened last night.

Here at the Caruso Law Offices, P.C., we understand that victims of motor vehicle crashes will have a lot of questions and concerns.  Victims must get the medical attention they need to stabilize their health before doing anything else.  It is paramount to their life to do this.  After they have recovered, victims should contact experienced Albuquerque car accident attorneys to learn about their rights and how they can be protected to get the maximum compensation they may be entitled to.  If you or a loved one have been injured in a motor vehicle crash in Albuquerque, New Mexico, call us for a FREE case evaluation by dialing (505) 883-5000 to learn how we can protect your rights.

Interstate 40 Motor Vehicle Crashes Are Devastating and Cause Very Serious Injuries

Interstates are very dangerous places for any vehicle.  The serious accident that occurred last night on August 4, 2017 occurred around exit 157A on I-40.  According to statistics, I-40 in New Mexico is ranked the 54th worst section of interstate road in the United States with 247 fatal accidents, 293 total fatalities, and approximately .66 fatal accidents per mile.  This goes right through the heart of Albuquerque, New Mexico, which brings a lot of deadly accidents to our city.

Interstates are dangerous for several reasons which cause negligent motor vehicle crashes, which include the following:

  • High speeds which lower reaction time but increase braking distance;
  • Multiple lanes of traffic which draw away attention;
  • Exit ramps and entrance ramps which cause merging of traffic at high speeds;
  • Night hides dangers and makes it harder to detect danger;
  • More tractor trailer trucks on the roads at night which cause trucking crashes;
  • Higher volume of motor vehicles on the road than rural or suburb roads;
  • Non-resident drivers who may be unfamiliar with I-40;
  • Driving straight for long periods of time can bore drivers who drive distracted;
  • Drivers at night could be fatigued, especially on interstates; and
  • Many other dangerous causes.

Any motor vehicle crash on any interstate should be reviewed by an experience Albuquerque car crash attorney.

Rio Grande Is Consistently One of New Mexico’s Deadliest and Most Dangerous Streets

Traffic accident information is collected and analyzed constantly.  These traffic accident statistics demonstrate that Rio Grande Blvd is consistently ranked as one of the most dangerous roads in Albuquerque and in New Mexico.

The worst intersection on Rio Grande being Rio Grande Blvd NW and Central Ave W, which has caused 132 accidents and 33 fatal ones in a three year period, thus making approximately 25% of all crashes there fatal.  That is a high and scary number!  In fact, this was more recently ranked the 5th worst intersection in Albuquerque.

Serious Motor Vehicle Accident Occurring on I-40 in Albuquerque Last Night Should be Reviewed by an Experienced Albuquerque Car Accident Attorney Like 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.

Spinal Fusions Caused by Albuquerque Trucking Accidents

- Mark Caruso

Albuquerque Trucking Accidents Can Cause Serious, Permanent, and Debilitating Injuries Including the Need for a Spinal Fusion

Big rigs.  18-wheelers.  Double-trailers.  Tankers.  Flatbeds.  Semi-trucks.  Tractor-trailers.  There are all very large and dangerous commercial trucks used by some of the largest trucking companies in the United States, including Schneider, Estes, US Parcel, FedEx, J.B. Hunt, and other companies.  These large trucks are all over our highways and interstates delivering cargo and goods throughout the county, including in New Mexico on I-40, I-25, and I-10.

With their sheer size and heavy weight, these large trucks can cause very serious, permanent, and debilitating injuries to victims of trucking crashes.  Our experienced Albuquerque trucking accident attorneys at the Caruso Law Offices, P.C. know how catastrophic these trucking crashes can be.  We have handled many cases which have resulted in a spinal fusion, which is a permanent and incredibly debilitating injury for any person to have to sustain.  If you or a loved one have been serious injured and require a spinal fusion due to a trucking crash in Albuquerque, Las Cruces, Roswell, or anywhere else in New Mexico, call us today for a FREE consultation by dialing (505) 883-5000.

What are Spinal Fusions in Trucking Crash Cases?

Trucking crashes cause spinal fusions to innocent patients.  A spinal fusion is exactly what it sounds like.  A surgeon will go in and fuse several vertebrae together to form one.  This is done because of the damage to the area which causes serious nerve, muscle, and back pain every time the vertebrae wiggle or move together.  So by fusing the vertebrae together, the vertebrae no longer move to cause pain to the nerves, muscle, or other back pain.

To achieve this, a surgeon usually move cut out part of the vertebrae and remove the jelly-like disc in between the vertebrae.  Next, the surgeon will either use cement, a synthetic disc, or bone/tendon from another part of the victim’s body and place it in the empty space.  Then a surgeon will install pedicle screws along the left and right said of all vertebrae to be fused together.  The surgeon will then thread a metal rod through those screws in a straight line, and tighten them so they do not move.  Now the vertebrae will be permanently fused.

As you can appreciate from the description, this is a horrifying and incredibly devastating procedure on a victim.

Back and Spinal Injuries from Albuquerque Trucking Crashes Which Usually Result in Spinal Fusions

There are many different types of injuries caused by Albuquerque trucking accidents which may result in spinal fusions.  This includes the following injuries:

  • Severe whiplash injuries;
  • Spinal cord injuries;
  • Dislocations;
  • Spinal fractures;
  • Serious muscular injuries;
  • Broken bones;
  • Nerve pain;
  • Serious lacerations to the back;
  • Disc herniations;
  • Annular tears of the discs;
  • Spinal stenosis;
  • Spinal narrowing;
  • Hemorrhaging or serious hematoma in the spinal cord; and
  • Other serious injuries.

Spinal Fusions Caused by Albuquerque Trucking Crashes Need the Caruso Law Offices, P.C. to Represent Them

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.

Unqualified Drivers Causing New Mexico Trucking Accidents: Trucking Company Liability

- Mark Caruso

When Trucking Companies Allow Unqualified Drivers to Operate Commercial Vehicles, the Trucking Companies are Liable for New Mexico Trucking Crashes

Driving a large commercial truck such as a big rig, 18-wheeler, semi, tanker, tandem trailer, tractor-trailer, flatbed, or any other large vehicle is not like driving a car.  Drivers must have additional experience and pass additional licensure requirements before they are legally allowed on the roads.  It is the responsibility of the truck driver to comply with these additional requirements and laws, but it is also always the requirement of the trucking company to ensure all of its drivers are qualified.

Unqualified drivers are simply more dangerous and likely to cause a serious New Mexico trucking crash.  With some of the largest and busiest trucking interstates in the United States, New Mexico’s I-40, I-25, and I-10 can already be very dangerous places.  Add inexperienced or unqualified driver and you have a recipe for deadly trucking cases.

Our experienced New Mexico trucking accident attorneys at the Caruso Law Offices, P.C. have handled many of these types of fatal trucking crashes and know that victims deserve to be protected.  One of the most basic things that a trucking company can do is to avoid placing unqualified drivers on the road.  Unfortunately, far too many trucking companies simply do not care and put people on or around the roads at risk.  If you or a loved one have been seriously injured or killed in a commercial trucking crash caused by an unqualified driver, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

What is a CDL and Why is it Required?

A CDL, or commercial driver’s license, is simply a driver’s license required to operate large commercial vehicles or trucks.  Almost every truck driver needs one.  To apply for a CDL in New Mexico, a driver needs to have a regular driver’s license and then take a CDL course.  There is a general knowledge written test which must be passed.  A CDL application must also pass a hand’s on behind-the-wheel driver’s test which tests the physical ability of the driver.  There are numerous other background and test submissions required as well.

The purpose of a CDL is to ensure that the drivers of large commercial vehicles know what they are doing and are trained, able, and knowledgeable about operating these types of motor vehicles.  The goal is to reduce the number of trucking crashes and injuries or fatalities caused by these trucking crashes.

Liability for Unqualified Truck Drivers

There is an extensive federal matrix of regulations applicable to all truck drivers throughout the United States.  Under 49 CFR 390.3 (a), the regulations apply to all employers, employees, and commercial vehicles transporting goods throughout multiple states.  Under 49 CFR 391.11 (a), “[a] person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle” which includes having a CDL.  Therefore, the burden is on the truck driver to comply with the licensing laws.  Thus if he or she fails to do so and causes a serious New Mexico trucking crash, the victim of such crash can use this to help establish liability.

Under 49 CFR 391.21, the trucking company must review the truck drivers application and ensure he or she has the requirements.  Moreover and more directly, 49 CFR  390.11 provides that, for the requirements of the regulations imposed on a driver or a prohibition on a driver, “it shall be the duty of the motor carrier to require observance of such duty or prohibition.  If the motor carrier is a driver, the driver shall likewise be bound.”

Therefore, where the violation of a regulation due to the truck driver being unqualified to drive, such as not having a CDL, the trucking company will be just as liable as the truck driver.  This is important because it allows victims to hold the trucking company—who are in the best position to police the drivers who they entrust with these very dangerous machines—liable for injuries or deaths of other people the roadways in New Mexico.

Unqualified Drivers Causing Crashes in New Mexico Are Liable to Victims of New Mexico Trucking Crashes, and So are Trucking Companies

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.

Fatalities or Serious Injuries from Albuquerque Truck Crashes Require Alcohol and Drug Testing

- Mark Caruso

Trucking Companies Must Perform Alcohol or Drug Testing When There is a Fatal Crash or Serious Injuries from a Dangerous Albuquerque Trucking Accident

Trucking is big business in the United States.  Many of America’s big businesses are trucking companies or logistics companies.  They use the interstate system to send goods from coast to coast and north to south, including some of the busiest interstates in the country which are in New Mexico like I-40, I-10, and I-25.  The largest trucking companies use these interstates constantly and are United Parcel Service of America, Fed Ex, J.B. Hunt Transport Services, YRC Worldwide, Swift Transportation, HUB Group, and many more.

Because of this, there are extensive federal regulations which govern the conduct of large commercial vehicles throughout all states.  States are free to add more restrictions or laws, but the federal regulations will cover a large amount of the standard conduct.  Even though most trucking companies try to comply, unfortunately a lot of times they cut corners, make mistakes, and don’t exercise safety.  This results in very serious trucking crashes, including in New Mexico.

Drugs and Alcohol are Major Cause of Albuquerque Trucking Accidents

One of the most common causes of trucking crashes in New Mexico is due to drugs or alcohol.  It is a sad truth that a lot of truck drivers do drink immediately before or even during their shift.  Some do it habitually, others do it to deal with the stress of being away from family.  But either way, it is illegal and dangerous.

It is also well-known that truck drivers will also abuse drugs.  Most of the abused drugs are stimulants to keep them awake and give them energy to continue driving long periods of time without rest.  However, the drugs will also cause troubles with inhibitions and make it harder for motorists to react or judge distances.  This can easily result in serious personal injuries in a truck crash.

Trucking Companies Must Test Truck Drivers for Drugs or Alcohol in Certain Circumstances

Under the federal regulations, a trucking company must test a driver for drugs or alcohol after an accident in certain circumstances.  If the trucking company fails to do so, it will be a violation of the federal regulations and an injured victim could use that to demonstrate the trucking companies negligence, lack of protocol, and poor structure which caused the motor vehicle accident.  These regulations are under 49 CFR s 383.303.

First, a trucking company must test a truck driver for drugs or alcohol if the driver gets a citation/ticket from law enforcement and there were either very serious personal injuries which need immediate medical treatment away from the scene (i.e., requiring hospitalization) or if a disabled vehicle must be towed form the scene.

Second, a trucking company must test a truck driver for drugs or alcohol if there is a fatality from the trucking accident.  This is an obvious one, but sometimes fatalities do not always occur right after the crash.  In fact, the federal rules state that a fatality is related to the crash if it occurs within 30 days.  Thus, a trucking company is best to always test a driver involved in a very serious crash which causes possibly fatal injuries.

The time to test for alcohol must be within 2 hours after the accident.  The time to test for drugs but be within 32 hours after the accident.  During this time, unless law enforcement says otherwise, a truck driver may actually continue to drive despite having a crash.  If a truck companies let the driver continue knowing he or she may be positive, that too can result in liability for the trucking company.

Injured in an Albuquerque Trucking Crash Caused by a Drunk or Drugged Truck Driver?  Not Sure if the Trucking Company Tested Him or Her, or Helped Protect You from Harm?  Call the Caruso Law Offices, P.C. to Learn How We Can Protect 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 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 Fatal Albuquerque Crashes on the Same Day: Scooter Rider and Pedestrian Killed

- Mark Caruso

Albuquerque Fatal Crashes Result in the Death of a Rider on a Scooter and Pedestrian

In Albuquerque, there are many different ways that a victim can be seriously injured in a motor vehicle accident.  For instance, Albuquerque is one of the largest trucking routes in New Mexico, if not one of the busiest in the United States.  Most large commercial trucking companies such as FedEx, Schneider, US Parcel, McLane, and other companies use Interstate 10, Interstate 25, and Interstate 40 to delivery cargo throughout the US.  Albuquerque trucking accidents are very common and very deadly.

There is also a lot of commuter traffic of passenger cars in Albuquerque, particularly because are large residential neighborhoods near busy business areas.  This also means there are a lot of pedestrians or people on alternative vehicle such as bikes, scooters, mopeds, skateboards, and the like.

Unfortunately, this also means there are a lot of motor vehicle accidents.  Last week on Thursday, July 20, 2017, there were two fatal accidents in Albuquerque, New Mexico.  The first involved a motor vehicle and a rider on a scooter at the intersection of Zuni Road and San Pedro Drive SE.  The individual on the scooter was killed and pronounced dead at the scene.  Later in the day, a pedestrian was struck and killed by a car near 98th Street and Avalon Road.

Both cases are still in the beginning of the investigation phase.  However, here at the Caruso Law Offices, P.C., our experienced Albuquerque motor vehicle accident attorneys know that these type of accidents are caused by negligence and completely avoidable.  If your or a loved one was seriously injured or killed in a motor vehicle crash similar to this in Albuquerque, Las Cruces, Roswell, or anywhere else throughout New Mexico, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Intersections are Dangerous, Which is Why These Two Fatal Crashes Occurred

It is a common fact that intersections are a very dangerous if not the most dangerous part of a road.  Think about it—traffic in one direction is going to directly cross over traffic in another direction.  There can be a lot of signs, directions, arrows, and traffic control devices to distract drivers.  There are multiple other cars, trucks, other vehicles, and even pedestrians coming in and out of the roadway.  This is why there are a lot of motor vehicle crashes at intersections.

In the two cases above, it is clear that the intersection’s confusion caused the death of two classes of people who are most likely to be overlooked—people on alternative vehicles like scooters, bikes, mopeds, skateboards, and to pedestrians on foot.  These wrongful deaths will result in liability for the negligent parties if the victims’ families retain aggressive legal representation.

Call the Caruso Law Offices, P.C. for Zealous Advocacy for your Personal Injuries or Family’s Wrongful Death Cases

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.