New Mexico

Catastrophic Injuries From New Mexico Trucking Wrecks: Common Injuries to Know

- Mark Caruso

Common Catastrophic Injuries from New Mexico Trucking Wrecks and How They May Work in Court

All motor vehicle crashes can result in serious personal injuries, but New Mexico trucking crashes can lead to some of the most catastrophic injuries that a victim could endure.  These injuries include horrific head, brain, and spine injuries, or significant organ issues which can result in a systematic shutdown of someone’s body.  Extreme bloodless and trauma to a limb can also result in the need to amputate the limb.  These types of injuries are very common in New Mexico trucking crashes due to the size, weight, and speed these vehicles travel.

Our experienced New Mexico trucking wreck lawyers at the Caruso Law Offices, P.C. have handled many significant trucking crashes resulting in these types of catastrophic injuries.  We know how to support and injured victim and his or her family to present his or her case in the best possible light to recover the maximum amount of compensation he or she may be entitled to.  If you or a loved one were seriously injured or wrongfully killed, call us by dialing (505) 883-5000 to learn more how we can help you and your family.

Most Common Catastrophic Injuries in New Mexico Trucking Wrecks Caused by Negligent Truck Drivers

When serious and catastrophic injuries are caused by the negligence of another it can make you feel frustrated, angry, and even hopeless.  These injuries are usually permanent, extremely debilitating, and horrific for victims and their families.  Some of the most common catastrophic injuries from New Mexico trucking wrecks which our New Mexico trucking wreck lawyer handles include the following two worst injuries:

Head and brain injuriesInjuries to the head such as traumatic brain injuries warrant special consideration and attention.  This if because, first, injuries to the head can easily kill a victim of a trucking wreck.  The brain governs the entire body, and injuries here can result in the wrongful death of a person.  Second, injuries to the head and brain are not always easily diagnosed and require neurological testing and experts to prove.  This is because injuries to your cognitive ability to process information, remember, focus, and even function normally do not show up in an x-ray.  Third, head and brain injuries can also damage and control all aspects of your body even with little injuries, which mean that head injuries can effect nerves and parts of your body on the opposite end such as your legs or feet.  All head and brain injuries are very serious examples of catastrophic personal injuries.

Loss of Limb from Amputation or Paralysis – Anytime a victim loses a limb, either physically in an amputation or functionally due to paralysis such as due to paraplegia or quadriplegia, a victim’s entire life will change greatly.  These are very serious and significant injuries which cannot be brought back.  Sometimes everything that a victim previously could do now requires assistance after the injury.  In very severe cases, victims can be completely bedridden or wheelchair bound after enjoying an active life.  This can have dramatic effects on a person’s future life expectancy, income and lost wages, and even his or her emotional well-being.  These are one of the worst catastrophic injuries which are very common in New Mexico trucking wrecks, particularly on highways or interstates.

Catastrophic Injured From New Mexico Trucking Wrecks Require Strong and Experienced Legal Advocacy

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.

Emergency Vehicles Involved in New Mexico Car Accidents: Recent Story Highlights Dangerous, Liability

- Mark Caruso

Recent Albuquerque Police Car Car Killing a Young Boy Highlights the Dangerous in  New Mexico Car Accidents with Emergency Vehicles

We are learning more from an investigation report of an April 17, 2017 motor vehicle crash in Albuquerque, New Mexico wherein an Albuquerque police officer was responding to call of a man wielding a machete in a local store.  The officer was traveling at approximately 80 MPH on his way to the scene with his lights and sirens on.  He approached an intersection where he had a green light.  Another vehicle, which also had the green light, was turning left at the intersection.  The officer applied his brakes but collided into the rear of the vehicle turning left.  A young boy, Joel Anthony Suina (6-years-old) was killed and his 9-year-old sister suffered a pelvis fracture, a head injury, lung injury, liver injury, and kidney injury.

Here at the Caruso Law Offices, P.C., we see too many of these types of crashes.  We honor and respect our law enforcement to the fullest, but we also recognize their jobs bring peril.  Generally, emergency vehicles are commonly involved in New Mexico car crashes not solely due to the actions of an officer, but due to the natural and inherent danger of this line of work.  Any vehicle speeding and growing through an intersection is a dangerous vehicle, even with the green light.  If you or a loved one have been injured in an emergency vehicle crash in Albuquerque, Las Cruces, or anywhere else in New Mexico, call our experienced personal injury lawyer for a FREE consultation by dialing (505) 883-5000 to learn more.

Dangers of Intersections and High Speeds

The causes of car accidents can be viewed as a recipe for disaster.  Several ingredients just make car accidents much more potent to cause serious injury or wrongful death.  Intersections are the most dangerous location on the roadway because lanes of traffic are crossing over other lanes of traffic creating the potential for a collision.  Speed is also a dangerous factor, as the reaction time goes down but the braking distance increases.  The force and momentum is also greater and stronger.

Emergency vehicles commonly invoke both of these added dangerous, such as the news story from above.  In fact, intersections are known to be one of the most dangerous locations for any emergency vehicle—especially when the light is against the emergency vehicle.  Here, even though the light was not against the driver, it still lead to a very deadly accident.

Liability in Emergency Vehicle Crashes

When an emergency vehicle is involved in a motor vehicle crash in New Mexico, there could be many liable parties.  The most basic and common party is the driver of the emergency vehicle.  Another common entity that is liable is the police department or agency, which is vicariously liable for the acts of its employees within the scope of employment.  Here, the police department could absolutely be liable for the subject crash because the crash occurred within the drivers course of employment and while responding to the crash.

Unfortunately, another person who could be liable is the driver of the vehicle turning left.  The 6-year-old and the 9-year-old were passengers, and not comparatively at fault for this accident in any way.  But there could be, however, liability for the driver for not noticing the sirens or lights at an intersection.  This may be very unlikely given the facts, but it is a possibility which must be taken into consideration to protect the rights of the injured children at all cost.

Crashes with Emergency Vehicles are Very Serious: Call a New Mexico Personal Injury Lawyer if This Happened to You

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.

High Speed Trucking Wrecks in New Mexico: Catastrophic Injury Lawyers

- Mark Caruso

Personal Injuries Caused by High Speed Trucking Wrecks in New Mexico

Of all motor vehicle crashes, there may be no worse type of impact than a high speed trucking crash.  When large commercial vehicles such as big rigs, 18 wheelers, tractor trailers, and other trucks collide with other vehicles at a high rate of speed, the results are catastrophic.  Commercial trucking wrecks involved twisted steel, mangled vehicles, and catastrophic injuries.  Incidents can even be worse when there is an explosion or large fire due to the impact or cargo.

Here at the Caruso Law Offices, P.C., our experienced catastrophic injury lawyers handle high speed trucking wrecks due to New Mexico trucking crashes against some of the largest trucking companies in the country, including J.B. Hunt, FedEx, Schneider National, and other large companies.  Many of these high speed collisions occur on interstates, including I-10, I-25, and I-40.  If you or a loved one have been serious injured or wrongfully killed in a New Mexico trucking wreck, call us today by dialing (505) 883-5000.

Common Causes of High Speed Trucking Wrecks in New Mexico

There are many causes of trucking crashes which can cause serious personal injuries.  But high speed trucking wrecks are a different breed of trucking accidents and have some unique common causes.  Some of the common causes of high speed trucking wrecks in New Mexico include the following:

  • Distracted driving such as texting, making a phone call, using a GPS, or using another device;
  • Falling asleep at the wheel (possible hours of service violations);
  • Drunk driving or drugged driving by a truck driver;
  • Aggressive driving;
  • Mechanical failure such as a brake failure or blown tire;
  • Intentionally speeding or driving too fast;
  • Improperly merging;
  • Unsafe lane changes;
  • Failing to reduce speed due to weather conditions such as dust storms which limit visibility; and
  • Many other causes.

Common Injuries Caused by New Mexico High Speed Trucking Wrecks

Given the sheer weight and speed of a large commercial truck in a high speed trucking crash, the injuries can be absolutely catastrophic to victims in smaller passenger vehicles.  Some common injuries caused by high speed trucking crashes in New Mexico include the following:

  • Traumatic brain injuries (TBI);
  • Spinal cord injuries;
  • Amputations;
  • Broken bones and fractures;
  • Organ injuries or organ ruptures;
  • Large and significant lacerations;
  • Brain damage;
  • Significant burn injuries;
  • Need for surgery;
  • Dislocated joints;
  • Loss of vision due to eye injuries;
  • Property damage injuries;
  • Wrongful death; and
  • Other common causes.

Victims of High Speed Trucking Wrecks in New Mexico Should Call the Catastrophic Personal Injury Lawyers 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.

Who Could be Responsible for a New Mexico Trucking Wreck?

- Mark Caruso

Who Could be Responsible for a New Mexico Trucking Wreck?  Answer: A Lot of People and Entities!

Victims of New Mexico trucking wrecks usually end up being seriously injured, especially when those crashes are high-speed collisions on interstates such as I-40, I-25, or I-10.  While victims and their families usually turn to healing and getting life back on track, the importance of preparing for a legal battle in court may seem so far away.  But the statute of limitations in New Mexico is only 3 years from the date of the accident, which will creep up quickly on victims who are seriously injured and require years of recovery.

Therefore, it is important to have an experienced New Mexico trucking accident attorney such as the Caruso Law Offices, P.C. on your side right from the start.  We can help take the burdens off of you and your family so you can focus on healing, and we will focus on preparing your case against the individuals or entities liable for your trucking wreck.  When you are involved in a New Mexico trucking wreck in Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else in New Mexico, call us for a FREE consultation by dialing (505) 883-5000 to learn how we can help you.

Who is Liable for a Trucking Wreck?

There are many different individuals and entities who may be liable for a New Mexico trucking wreck.  Some of these parties may be obvious, but some of these may not be that obvious at all to a lay person.  Here are some of the people who may be liable for a New Mexico trucking crash:

  • The Truck Driver – it should be obvious that the person who is most likely to be liable for a New Mexico trucking wreck would be the driver of the truck.  Drivers must have a CDL and spent time studying, passing a written test, shadowing a licensed driver, and then passing a field tests before they get their licenses.  Drivers of large commercial trucks have very dangerous machines in their hands and they must be very careful how they operate those vehicles.  When a truck driver makes a bad decision such as a reckless one, negligent one, or even a downright dangerous decision, it can result in serious injuries and the wrongful death of a victim.  Truck drivers are usually at the center of all defendants in trucking accident litigation.
  • The Trucking Company – just as the truck driver is most obvious, it should also not be a surprise that the trucking company is send-most obvious.  This is because the trucking company will be liable for any truck wrecks of their drivers under the theory of respondeat superior, a type of vicarious liability between the employer and employee.  This means that the employer will be liable for the acts of an employee when they occur within the scope of employment.  Trucking companies can also be liable for negligently hiring a driver, negligently training a driver, and providing faulty equipment such as the trucks.
  • Other drivers – another common cause of trucking crashes is the acts of negligence of another driver, such as those that may cut off a truck and cause it to swerve or of a car that stops short.  This can be very serious and result in catastrophic injury when there are two vehicles involved.  Additionally, if the victim is a passenger in a vehicle, the driver of that vehicle could be liable for the negligence.
  • Equipment manufacturers if a component on the truck like a piece of equipment is negligently made, like tires, brakes, or the steering wheel, the manufacturer could also be liable under a products liability case to the victim.
  • Government entities – maybe a cause of the subject trucking crash is not just due to the trucking company or truck drier, but maybe the road is improperly rated for too high a speed, or the road is very dimly lit, or maybe even there are holes in the roadway which cause tire blowouts.  All of these are examples of issues that could result in the local municipality, county, state, or even federal government to be liable.

There Could be Others Liable for Your New Mexico Trucking Crash: Call Us Today To Learn More About 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.

I-25 Crashed Near Williamsburg Kills One, Seriously Injuries Another: Albuquerque Personal Injury Explains

- Mark Caruso

Fatal Crash on I-25 Kills One and Severely Injured Another: Albuquerque Car Accident Attorneys Explains Issues

News sources are reporting that, on Wednesday, October 4, 2017, a single car crash resulted in the death of one individual and caused serious injuries to another.  On Interstate 25, a vehicle was proceeding nears Williamsburg when the driver lost control of her Nissan Truck.  She entered into the median and which caused her truck to overturned.  A passenger was not seat belted or otherwise restrained in the truck, and he was ejected causing fatal injuries in the truck crash.  The driver was also seriously injured and needed to be airlifted to the nearest hospital.

Here at the Caruso Law Offices, P.C., we handle serious motor vehicle crashes which result in severe injuries or the wrongful death of an individual.  In cases such as this, we compassionately, knowledgeably, and zealously represent victims in their New Mexico car crashes throughout the state.  If you or a loved one have been injured, call our experienced car accident attorneys by dialing (505) 883-5000 for a FREE consultation.

Liability in Single Car Crashes: Rights of a Passenger 

A passenger in a single car crash has legal rights when he or she is seriously injured or killed.  This is because, generally, the passenger does not contribute to the cause of the crash.  A passenger does not have control of the vehicle and is not responsible for its use and operation.

Therefore, in a single car crash like this the victim may be entitled to compensation for his injuries and wrongful death.  This includes whether or not the victim was wearing his seatbelt.

Wrongful Death Lawsuits in New Mexico 

This also means that the victims family has a wrongful death lawsuit.  This is an action that is both meant to punish the offender for negligent and reckless conduct which causes the death of a person, as well as to deter other people from acting in a similar reckless manner.  A wrongful death lawsuit is also meant to help compensate the victim’s family for the loss of society, services, love and affection, and support of a loved one.

Therefore, the pain and suffering that the victim endured will be considered in the wrongful death award.  Lost wages and earnings of the loved one is also calculated and can be awarded to a victim’s family for the life-expectancy of the victim.  This can help make a family whole again for their loss, which can never be done with the loss of life but compensation can help mitigate the new struggles and burdens a family will face after a severe New Mexico car accidents resulting in the loss of life.

Single Car Crashes Resulting in the Death of a Victim Can Allow a Victim to Have a New Mexico Wrongful Death Case

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 Trucking Crash Caused by Trucking Backing Up Without Looking

- Mark Caruso

Backing Up Without Looking: Dangerous and Deadly Albuquerque Trucking Crashes

When we think of a trucking wreck, we think of a high-speed collision which twists and churns metal.  We think of jackknifed trucks and rolled over passenger vehicles.  And we think of powerful impacts like explosions on the roadway.  But what we do not think of is backing up truck accidents.  However, due to their sheer size and weight, a large commercial truck which is backing up has a lot of momentum and force behind it.  Whatever it hits will be significantly damaged, even at a low speed.

Victims of trucking crashes caused by a large commercial truck backing up in Albuquerque, Las Cruces, Santa Fe, Roswell, and anywhere else in New Mexico should call the experienced Albuquerque trucking crash attorneys at the Caruso Law Offices, P.C. to learn how we can help protect your rights to compensation by dialing (505) 883-5000 for a FREE consultation.

Proving Liability When a Truck Backs Into Your Vehicle and Causes Serious Injury

There are two main ways to prove liability when a large commercial truck backs into your vehicle and causes serious personal injuries in a New Mexico trucking crash.

The first is under the common law doctrine of negligence, which is judge-made law.  A victim of a trucking wreck will be able to recover compensation when he or she is injured due to the negligence of a truck driver who causes the injuries.  Negligence occurs when a defendant does not drive with reasonable care under the circumstances.  Backing into another vehicle is not using reasonable care.

The second way to prove liability in a New Mexico trucking crash is under the theory of negligence per se.  This is when a defendant violates a statute which is meant to protect the victim, and the defendant’s violation ends up causing injuries.  Under New Mexico law, NM Stat. 66-7-354 (a) provides that “[t]he driver of a vehicle shall not back it unless the movement can be made with reasonably safety and without interfering with other traffic.”  When a truck driver backs up and cases a trucking crash, he or she will have violated the statute and be negligent per se.  This allows the victim to recover compensation for all injuries directly caused by the crash.

Common Injuries in an Albuquerque Trucking Crash Caused by Backing Up

When an 18 wheeler, big rig, tractor trailer, semi, or other large commercial truck backs into another vehicle, there can be very serious injuries even in a low speed collision.  Some common injuries include the following:

  • Traumatic brain injuries;
  • Fractures;
  • Organ ruptures or injuries;
  • Spinal cord injuries;
  • Amputations;
  • Paralysis;
  • Significant deformities;
  • Loss of vision;
  • Orbital blowout fractures;
  • Decapitation;
  • Nerve injuries;
  • Wrongful death; and
  • Many other types of injuries.

Victims of Albuquerque Trucking Wrecks Caused When a Truck Backs Into Him or Her 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.

Concrete Mixing Truck Blows Tire and Flips in Las Cruces: Serious New Mexico Trucking Accidents

- Mark Caruso

New Mexico Trucking Crash on I-25: Concrete Mixing Truck Blows Tire and Flips in Las Cruces—Serious Injuries Avoided

All large commercial trucks are dangerous.  News sources are reporting that a large concrete mixing truck blew a tire and flipped on its side.  The large truck blocked Interstate 25 on Friday, September 29, 2017.  Luckily, no one was seriously injured or killed in this trucking crash.  However, that just means this time.  A few weeks ago we posted how a truck driver was killed when his truck blew a tired and crashed into a rock formation.  Other news stories we have reported were when a truck had lost a tire and seriously injured or killed other drivers or occupants.

But it is not just news stories.  Our experienced New Mexico trucking crash attorneys at the Caruso Law Offices, P.C. have handled many trucking wreck cases where many victims have been killed due to a tire blow out.  We have also handled many cases involving tankers or other transport vehicles.  These vehicles are dangerous, and the results of negligent conduct can be fatal to those on or around the roads.  If you or a loved one have been seriously injured or killed in a New Mexico trucking crash, please call us for a FREE consultation by dating (505) 883-5000 to learn what your rights may be.

Scary Facts of Concrete Truck Crash on I-25

Las Cruces is one of the busiest trucking hubs in New Mexico.  This is because I-10 and I-25, which both run in opposite north-south and east-west directions, search as a place where trucks can switch directions.  This coupled with the fact that Las Cruces has a large population just means roads are congested and busy where large trucks weave in and hour.  The speed limit on these roads is also high, as they are interstates, therefore traffic also moves very quick.

What make this case scary—and lucky that no one was seriously injured—is because a concrete truck is incredibly heavy.  Anything that it collides with at full speed on an interstate will be pulverized.  The fact that the truck flipped on its side is also lucky that no other vehicle was to the side of it, as that vehicle would be completely flattened.  The large size of this vehicle and weight it has is simply devastating and dangerous.

And this type of trucking wreck should not have occurred!  This was caused by a tire blowout.  Tires are equipment of a large truck which must be checked constantly to ensure the treads are not worn out, separating, or otherwise damaged.  Tires are obviously very important for any vehicle, but for a large commercial truck they are incredibly important because they disperse pressure and weight.

Any Las Cruces or New Mexico trucking crash caused by a tire blowout which results in personal injuries could be fatal and cause serious injuries.  Victims injured when a large commercial truck’s tire explodes should always have an attorney investigate the facts to determine whether the tire was improperly maintained.

Victims of Tire Blowouts on I-25 in Las Cruces Should 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.

Why Tanker Trucks Are So Dangerous in New Mexico Trucking Crashes

- Mark Caruso

Tanker Truckers Poise Unique Dangers and Are Very Dangerous in New Mexico Trucking Crashes

All large commercial trucks are very dangerous, including 18 wheelers, semis, double trailers, flatbeds, tandems, tractor trailers, and other trucks.  But some of the most dangerous commercial trucks are tanker trucks—particularly those carrying liquids.  Why?  Think about a gallon of milk.  This weighs about 9 pounds.  The average tanker truck can hold 9,000 gallons.  This weighs about 81,000 pounds.  Combine that with the fast speed on an interstate, along with the heavy steel tanker, engine, wheels, and other parts, and you have a lot of momentum of force which must be dispersed on a collision.

Not to mention that upon that collision, there is a chance that the liquid being transported could rupture.  If that liquid is caustic like an acid, it could cause very serious injuries to victims sprayed with it in a collision.  If that liquid is flammable, it could result in an excruciating and incredibly painful death due to fire.

Here at the Caruso Law Offices, P.C., we handle serious New Mexico trucking crashes caused by tanker trucks which injure, maim, or kill innocent victims.  Our experienced trucking wreck attorneys are trained in both the law and trucking, as well as being skilled and knowledgable with personal injury and medical cases, and we work hard to represent those in need of zealous legal representation.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can help you.

Tanker Trucks Crashes in New Mexico: Two Dangers to Know

The first danger in a New Mexico tanker crash is the collision itself.  The sheer force of impact in any motor vehicle crash is dangerous.  But in tanker crashes, the speed and weight can result in catastrophic injuries.  The result can be completely devastating to a victim and his or her family.  Any trauma as a result of the impact will leave serious damage.

The second danger in a New Mexico tanker wreck is what it was carrying, the load.  Even a load of just water can present very serious dangerous, including drowning victims who are trapped in a vehicle.  But the real danger is when the load is something more deadly like acids, chemicals, or gasoline.  All of these can cause very serious burning injuries on their own, and when there is combustion the fire can be even more deadly and result in fire injuries.

Tanker Truck Crashes in New Mexico Are Very Deadly and Dangerous

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 Trucking Crash Caused by Last Second Lane Change

- Mark Caruso

When 18 Wheelers Change Lanes, It is Always Dangerous.  When 18 Wheelers Change Lanes at the Last Second, it Can Cause a Deadly Albuquerque Trucking Crash

Some of the most dangerous times when driving are when you are entering into or across another lane of traffic.  This is why intersections are so dangerous.  Any left turns, whether at an intersection, into a parking lot, or merging into traffic are also dangerous.  This also means that lane changes are incredibly very dangerous, particularly on fast-moving roads like interstates I-40, I-25, and I-10.  These are some of the fastest moving roads in New Mexico, if not the entire country, which have multiple lanes.  Because these roads are so important to transporting goods across the country, many trucking companies use these highways like Schneider National, J.B. Hunt, and FedEx.

Therefore, when you combine large commercial trucks like 18 wheelers, fast roads like interstates, and multiple lanes, you end up with wrecks due to last second lane changes causing serious trucking wrecks.  Our experienced Albuquerque trucking crash attorneys at the Caruso Law Offices, P.C. have fought some of the largest trucking companies in the country who have improperly changed lanes at the last second and caused serious trucking wrecks seriously injuries or killing innocent victims.  If you or a loved one have been seriously injured or killed in a trucking crash, please call us for a FREE consultation by dialing (505) 883-5000 to learn how we can help you.

Liability in a Last Second Lane Change by a Large Commercial Truck

When it comes to traffic incident such as an Albuquerque trucking crash, one thing that police officers, lawyers, and judges will look at is how had possession of the lane in the road when the accident occurred.  This is important because the person who has a lane is entitled to it.  Anyone who is attempting to cross the lane or merge into the lane must do so safely and cannot do so if it would impede the progression of another vehicle.

In fact, this is what our Legislature has codified under New Mexico’s vehicle and traffic laws.  Under NM Stat. 66-7-317, subdivision (a) provides that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

When a driver fails to do this, the driver will be liable under the doctrine of negligence per se.  This is an important legal tool for your case which provides that the violation of a statute which causes harm to a person protected by the statute can obtain compensation by the violator for any damages caused by the accident.  This is a way for a victim to win an Albuquerque trucking crash.

Last Second Lane Changes in Large Commercial Trucks Kill Innocent Victims: Protect Your Rights Here

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.

How to Prove a Trucking Crash Case: Albuquerque 18 Wheeler Wreck Lawyer Explains Liability

- Mark Caruso

Proving a Trucking Crash Case Takes Strong Evidence and a Good Attorney: Learn What Evidence is Used to Help Win Your Case from an Albuquerque 18 Wheeler Crash Lawyer

Evidence is the way that you prove any claim in court.  Even the strongest of cases require evidence to support your claim.  That is because our judicial system is an adversarial system, meaning two sides go against each other to prosecute or defend a claim.  To do this, our system only allows certain evidence to prove or disapprove a case.  This is a very complicated process, as only certain evidence is admissible.  There are entire classes in law school which just deal with evidence, some courses are even a year long and they still will not review all of the applicable evidence rules, types, of methods.

In general, evidence can take several different forms.  This includes the testimony of a witness who saw a trucking accident and is providing what he or she observed.  Or the testimony of an expert witness who takes the facts and applies accepted science or other principles to prove or disprove a claim.  Other evidence can be photographs that fairly and accurately depict the scene, or medical records of a victim.  Actual objects from the crash scene can also be evidence, for instance something such as a wheel or damage brake system.

In trucking accident cases there are even more types of accident which might be used to help prove a case to win as an injured plaintiff.  This includes a wide range of different mediums, including purely electronic information.

18 Wheeler Crash Evidence to be Used Against the Truck Driver

Evidence can be used to hold a truck driver liable for an Albuquerque trucking crash.  All truck drivers require a CDL license.  This is a very involved application process which requires written tests and road tests, as well as background checks and other evaluations.  This results in a “file” of the driver, which can be used to determine what problems he or she has had operating a truck.  Previous crashes or accidents may also be in the file and can be used to look for a pattern of mistakes.

Truck drivers are also required to keep hours of service documentation.  This is also known as a logbook, which includes all of the time that a driver has been driving or resting.  There are certain federal regulations which govern how long a truck driver can consecutively drive.  Using this logbook could be helpful to determine if the truck driver has had adequate rest, or if fatigue may have caused the subject crash.

Also under federal regulations, where there are serious or fatal injuries in a trucking crash the truck driver must go through drug and alcohol screening.  This can also be used to determine whether these factors contributed to the subject crash.

Evidence from Trucking Crashes Against the Truck Driver and on the Vehicle

Holding a trucking company liable for a New Mexico trucking crash can be done through evidence as well.  Not only does a truck driver need to keep a logbook of his or her hours of operation, but on board computers for a truck now record when the vehicle is in operation or at rest.  This can be used to determine whether or not the truck driver is violating the hours of service rules.  If the truck driver is lying, it can be a huge credibility issue to help prove your case.

The on-board computers also keep many other data that is important to support a claim.  This comes from the ECM, or engine control module, which records how fast the truck is moving, what direct, what lights or signals were on, whether the driver was accelerating or braking, and many other vital statistics.  These statistics are perfect to prove your trucking accident case.

All trucks also must maintain a maintenance and inspection history documentation.  This can show what has been repaired—or what has been neglected—and when and who performed the checks or maintenance.  This allows victims to point to other factors, such as the defective nature of the truck, to help prove a claim.

Evidence in 18 Wheeler Wrecks Can be Complicated: Call an Albuquerque Trucking Crash Attorney to Learn How to Win Your Case

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.