New Mexico

Chain Crashes and Interstate Pileups in New Mexico Motor Vehicle Accidents

- Mark Caruso

New Mexico Motor Vehicle Accidents Causing Large Chain Crashes or Interstate Pileups is Usually Caused by Negligence

Even just a single vehicle accident is dangerous enough, and the most common type of motor vehicle accident is a two vehicle accident.  But large chain crashes or interstate pileups involving five, ten, fifteen, or even more vehicles can be outright deadly.  This is particularly true on some of New Mexico’s interstates such as I-10, I-25, and I-40, which are major tractor trailer and trucking routes throughout the United States.

Here at the Caruso Law Offices, P.C., our experienced New Mexico motor vehicle accident attorneys know that chain crashes and large interstate pileup accidents can cause serious injury or death.  Victims of these accidents are entitled to compensation, and should call us for a FREE consultation by dialing (505) 883-5000.

Common Causes of Chain Crashes and Interstate Pileup Crashes

There are many causes to any type of motor vehicle accident, but interstate chain crashes and highway pileups are almost always caused by negligence.  And usually the negligence of several different parties.  Some common causes include the following:

– Speeding or driving excessively fast;

– Failing to yield;

– Dust storms or other weather events;

– Failing to guard against ice or other slippery conditions;

– Failing to slow down as reasonable in a dust storm;

– Road rage;

– Drowsy driving or driving while fatigued;

– Drunk driving;

-Drugged driving;

– Improper lane changes;

– Following too closely or tailgating;

– Slamming on the brakes;

– Tire blowouts; and

– Many other causes.

Liability in Chain Crashes or Interstate Pileups

Determining who is at fault for an interstate chain crash or a massive pileup is always very difficult.  Generally, the rule is that the vehicle who rear ends another vehicle will almost always be liable.  There are exceptions, but that is the general rule and a good place to start in the analysis of a pileup car accident.

While it is also obvious to say that the first few cases who may have “started” the pileup may be liable, other vehicles in the back of the pack may also be liable for not stopping in time.  In fact, every vehicle may be liable to the next vehicle in front of it that they hit for negligence.  This is why massive pileups can be a nightmare and require strong counsel to represent your interests to ensure you get the compensation you deserve, especially with a large trucking accident.

In smaller chain crashes, liability is generally placed on the first or final vehicle.  Again, when it comes to any pileup, the general rule is that the rear ending vehicle will be negligence.  For instance, take these examples using three cars:

Example 1: The first car stops, the second car stops, and the third car rear ends the second car and pushes it into the first car.  Because the first and second car were able to stop without difficulty, the third car will be the cause of the accident and liable.  Even though the second car rear ended the first car, the second car was pushed by the third car—the second car stopped in time and did nothing wrong.

Example 2: The first car stops short for no reason, the second car cannot stop and time and rear ends the first car, the third car can also not stop in time and rear ends the second car.  Here, it is likely the first car will be liable for the entire accident.  Stopping abruptly for no reason is negligent and the proximate cause of the second car rear ended the first, and the third car rear ending the second.  Now, the third car may be liable for not stopping in time before it hit the second car for following too closely.  But that is also not likely in a chain where the first car caused the accident.

Example 3: If the first car stops short, the second car stops just in time, and the third car rear ends the second car and pushes into the first car, the third car will likely be liable for the entire crash.  This is because, even though the first car stopped short, the second car was able to stop in time thus demonstrating that a reasonable person could stop in time.  But the third car failed to do so, and will be liable.

Sounds complicated?  Think about the scenario if there are five, ten, or even twenty vehicles involved.  Imaging trying to have to dissect who is liable and taking all of the witness accounts.  It is a nightmare!  That is why you should not try to guess about liability yourself, and contact an experienced New Mexico motor vehicle crash attorney instead.

The Caruso Law Offices, P.C.: Fighting for Victims in Interstate Pileup and Chain Crash Accidents

 

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.

Family of Four Killed in Fiery Albuquerque Trucking Accident on US 550

- Mark Caruso

Tragic Accident on US 550 Involving Albuquerque, New Mexico Work Truck Explained by Counsel

In a split second, an entire family was killed in a New Mexico trucking accident.  On May 12, 2017, a family of four was in an SUV on US 550, a fast-moving highway in New Mexico.  In a work truck coming in the other direction, four men were leaving a job in Albuquerque, New Mexico after doing a landscaping job.  The work truck drifted into the oncoming lane, striking head-on the family of four in the SUV.  It resulted in a large, fiery explosion.  All four in the SUV were killed—a retired firefighter, stay-at-home-mom, and two children aged 4 and 2 and a half years old. The driver of the work truck also died, and the three other in his vehicle were seriously injured.

According to the survivors in the work truck, they admitted to drinking prior to the collision.  While the deceased driver’s toxicology report has not been completed yet, the survivors claim they did drink prior to the collision.  The deceased driver had previously been charged with DWI, but the charges were twice dismissed.  It appears likely that alcohol contributed to this accident.

An All Too Common Fact Pattern: Pieces of a Deadly Puzzle Explained

Unfortunately, alcohol is a common cause of New Mexico motor vehicle accidents.  This has been a major problem throughout the United States for years, and it is one of the most preventable types of motor vehicle accidents.

Interstates and highways like I-40, I-25, I-10, and US 550 are all very fast moving roads.  This means that drivers have less time to react and their vehicle require more distance to stop.  This is a dangerous combination, especially with large commercial trucks like big rigs, 18 wheelers, tankers, tandem trailers, flatbeds, tractor trailers, and other large trucks.

Fires and explosions is a dangerous element in highway collisions.  In very serious motor vehicle accidents, especially on the highway, a gas tank may be ruptured and result in a large explosion and fire.  Out in remote parts of the highways or interstates, this can be catastrophic as it may take first responders a significant amount of time to get to the accident scene to rescue victims and put out the fire.

Large commercial trucks are also deadly, even when operated in a reasonably safe manner.  IN this case, there was a piece of equipment on a bed behind the work truck.  This makes the vehicle heavier and harder to maneuver and stop.  This also gives the work truck much more momentum and force behind it, making a head on collisions particularly deadly.

Fiery, Highway, Truck Accidents Require the Representation of Zealous New Mexico Trucking Accident Attorneys Such As 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.

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.

Internal Injuries from New Mexico Motor Vehicle Accidents

- Mark Caruso

New Mexico Motor Vehicle Crashes Can Cause Serious Internal Injuries

Motor vehicle accidents can cause very serious personal injuries, particularly high-speed crashes or trucking collisions.  One type of very serious personal injury is an internal injury.  These types of injuries can range from brain injuries to ruptured organs, and even just internal bleeding which can be deadly.  The problem with internal injuries is that they do not always manifest symptoms, meaning that a patient can be seriously injured and leave the scene of an accident with getting treatment because he or she does not think there is an injury.  But later, there could be life-threatening complications.

If you or a loved one have been injured in a New Mexico motor vehicle accident and suffered internal injuries in Albuquerque, Law Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Gallup, or any other place in New Mexico, call the experienced New Mexico motor vehicle crash attorneys at the Caruso Law Offices, P.C. to learn how we can help protect your rights to compensation for your injuries.  Receive a FREE consultation by dialing (505) 883-5000 and learn what your rights are now!

Types of Internal Injuries Caused by New Mexico Motor Vehicle Collisions

There are many different types of internal injuries which could be caused by New Mexico motor vehicle accidents.  This includes some very serious personal injuries which could kill a victim without warning.  Some common types of internal injuries following a motor vehicle crash include the following:

  • Traumatic brain injuries;
  • Fractured ribs;
  • Internal hemorrhaging or bleeding;
  • Ruptured organ;
  • Liver damage;
  • Kidney damage
  • Brain bleeding or hemorrhaging;
  • Punctured lung;
  • Aorta damage, aneurysm, or rupture;
  • Crushed pelvis;
  • Spinal cord injuries;
  • Back injuries such as narrowing of the spinal canal; and
  • Many other types of serious internal injuries.

Victims can be Compensated for Internal Injuries in New Mexico Crashes

A victim injured in a New Mexico motor vehicle crash suffering internal injuries can receive compensation for a variety of damages.  The most common is pain and suffering, which is broken down into past pain and suffering (from the point of the accident to settlement or trial) and future pain and suffering (from the point of settlement or trial to the end of a patient’s life expectancy).

Financial expenses such as lost wages is also common, which is the amount of money that a victim would have earned had he or she not been injured.  This is just lost time from work caused by the accident and the healing or treatment.  Lost earnings is also a type of injury, which is the lost earning that a victim would have earned but can no longer perform the same job and therefore has lost earnings.  Said differently, a victim can no longer perform the same job and has to take a new job at a lower pay.

Medical expenses, treatment, bills, surgeries, and other medically-related expenses is also a type of damage which can be compensated in a personal injury lawsuit.

Call the Caruso Law Offices, P.C. to Learn About Your Rights to Compensation for Internal Injuries in a New Mexico Motor Vehicle 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.

May is National Bike Safety Month: NM Bicycle Accident Attorney Explains

- Mark Caruso

May is National Bike Safety Month: Learn How to Avoid Danger and Hear About Your Rights If you Were Injured in a New Mexico Bicycle Crash

Many people enjoy cycling on the roads throughout the country, including New Mexico.  In fact, cycling has increased in popularity and brought many more people to the roadways.  “Share the road” is also a slogan during this time of year which is meant to bring awareness to motorists so they remember to lookout for bicyclists on the roadway.  To this extent, May is National Bike Safety Month to further bring safety tips to motorists and bicyclists alike.

This is because a cyclist can be very serious injured in a motor vehicle accident, particularly with a large commercial truck such as a trailer truck, tanker, 18 wheeler, big rig, or other truck.  A cyclists lacks the protections of others on the roadway.  Motorists in cars have steel walls and airbags to protect them.  Truck drivers sit up high in a cabin and also surrounded in a steel shell.  Even motorcyclists have roll cage and slide bars to help prevent some serious injury.

The statistics show that cycling is a very dangerous sport on the roadways.  In fact, according to the National Safety Council, over 500,000 people were treated in an emergency department for injuries while riding a bicycle.  For reference, football had almost 400,000.  If you or a loved one were injured in a New Mexico bicycle crash, call our experienced personal injury attorneys at the Caruso Law Offices, P.C. by calling (505) 883-5000 to learn how we can protect your rights.

Safety Tips for Bicyclists

There are some tips and advice that every bicyclists should know to help lower the risks of being involved in a New Mexico bicycle accident.  These include the following types:

  • Be visible and use bright colors that do not blend in with your surroundings;
  • Know how to ride your bike and know its capabilities;
  • Always stop at intersections and when crossing, especially at stop signs or traffic lights;
  • Make sure your bicycle is equipped with reflectors on the sides and back;
  • Never hitch onto vehicles;
  • Use hand signals when turning;
  • Ride single file—never double up;
  • Ride in the direction of traffic;
  • Always be aware of pedestrians coming out of parked cars or at intersections;
  • Watch for car door opening;
  • Know the traffic laws for cyclists;
  • Use a headlight and rear light;
  • Have a horn or bell loud enough to get the attention of a driver; and
  • Many others.

Common Injuries from New Mexico Bicycle Crashes

When a bicyclists is hit by a motor vehicle, the injuries can be catastrophic.  A victim may be entitled to compensation for injured caused by a negligent driver to help a victim recover.  Some common injuries caused by motor vehicle accidents include the following:

  • Broken bones;
  • Traumatic brain injuries;
  • Nerve damage/brachial plexus injuries;
  • Spinal cord injuries;
  • Back injuries;
  • Organ damage;
  • Permanent scarring;
  • Massive lacerations;
  • Paralysis;
  • Permanent nerve damage;
  • Orbital blowout fractures;
  • Concussions;
  • Depression and/or anxiety;
  • Hip replacements;
  • Shoulder replacements;
  • Torn ACL or MCL or PCL or LCL;
  • Torn rotator cuff or labrum;
  • Broken pelvis or hip
  • TMJ;
  • Road rash;
  • Wrongful death; and
  • Many other injuries.

Injured in a Bicycle Accident?  Call the Caruso Law Offices, P.C. for Legal Representation to get the Compensation you 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.

Truck Drivers Killed in New Mexico by Another Truck Driver’s Negligence

- Mark Caruso

Wrongful Deaths Due to a Truck Driver’s Negligence Can Result in Compensation for the Family of the Loved One Lost

Commercial trucks such as big rigs, 18 wheelers, tandem trailers, tractor trailers, tankers, flatbeds, and other large vehicles can be very dangerous and deadly when the driver behind the wheel is negligent.  New Mexico has some of the busiest trucking routes in the country, including interstate 10, interstate 40, and intestate 25.  Some of the largest trucking companies in the United States, including Schneider, FedEx, Swift, Estes, and other carriers use these routes throughout New Mexico.  Many of these truckers live in many places across the country, including in Ontario, CA and the surrounding area.

Unfortunately, even if you are a safe driver, another driver may not be.  Our experienced lawyers at the Caruso Law Offices, P.C. know that very careful truck drivers driving through New Mexico can be injured by other truck drivers who are not as careful, as experienced, and as well trained for the large commercial vehicle they are driving.  This can result in catastrophic truck crashes resulting in the wrongful death of a victim.  If you or a loved one have been seriously injured or killed in a New Mexico trucking crash caused by a truck driver, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Trucking Crashes Causing Wrongful Deaths

Large commercial trucks are the most dangerous vehicles on the road.  They are big, move fast, have many blindspots, and can generate a lot of force.  This means they are more likely to cause a wrongful death when they are involved in a trucking crash.

Families of the loved one killed in a New Mexico trucking accident can bring what is known as a wrongful death lawsuit.  A wrongful death lawsuit is meant to compensation the family for the loss of their loved one’s contributions to the family, including love and affection, income, dependency, and other services.  A wrongful death lawsuit is also meant to punish the negligent defendant for causing such injuries.  The pain and suffering of the loved one may also be compensation in a wrongful death lawsuit.

Wrongful Death Caused in New Mexico of an Out-of-State Driver

Unfortunately, it is a very common scenario where a truck driver kisses his or her family goodbye to go to work driving across America and never comes home because he or she is killed in a trucking accident in another state.  New Mexico is a common place for this fatal scenario to play out, because the interstates in New Mexico help transfer trucking routes north to south or east to west.

When an out-of-state driver is killed in New Mexico, he or she will be able to commence a lawsuit in New Mexico where the accident occurred.  This if true of his or her family, who may similarly commence an action for wrongful death in New Mexico.

If Your Loved One is Killed in New Mexico in a Trucking Accident, Call us 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.

When Truck Drivers are Injured by Other Truck Drivers in New Mexico Trucking Accidents

- Mark Caruso

New Mexico Trucking Accidents Causing Injuries to Truck Drivers by other Truck Drivers Can Result in Compensation

New Mexico has some of the busiest trucking routes throughout the country.  Most of these routes use I-10, I-40, and I-25 to haul cargo north to south, east to west, and vice-versa.  These interstates are very fast and can be congested in several areas, particularly in Albuquerque, New Mexico.  Outside of New Mexico, many truck drivers from California in Ontario, Upland, Rancho Cucamonga, and other surrounding areas frequently cut through New Mexico on their way to their final destination.  Most times they can achieve this without incident.

However, sometimes there are very serious New Mexico truck crashes involving a big rig, tractor trailer, 18 wheeler, semi truck, tanker, flatbed, or other large commercial truck can occur on these busy interstates.  When a commercial truck driver from California or another state is injured in a truck crash in New Mexico by another truck driver, he or she may have rights to compensation due to the negligence of the other driver.

Here at the Caruso Law Offices, P.C., we represent several victims who reside out-of-state and are involved in serious trucking accidents occurring in New Mexico.  Many of these victims are drivers of large commercial trucks who are injured by other truck drivers.  Truck verse truck crashes can be very serious, and our experienced New Mexico trucking accident attorney know that these collisions can result in debilitating, permanent, and life-threatening injuries.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can help protect your rights to compensation.

Causes of Truck on Truck Crashes on New Mexico Interstates

As with any type of motor vehicle accident, there are many different causes of trucking accidents.  Almost all of these causes are avoidable and preventable by exercising a duty of reasonable care.  This means that a truck driver can avoid causing injuries to other truck drivers if he or she drivers carefully and as he or she is expected to drive on public roads.

However, we all know this does not occur.  And when two trucks collide on the interstate, the devastation and be absolutely catastrophic.  These are two massive vehicles traveling at a high rate of speed.  This is why many accidents caused by negligence can be compensated.

Recognizing a type of truck accident which is caused by negligence is very important to know whether you or a loved one have a claim.  Some common causes include the following:

Failing to yield;

Driving too fast or speeding;

Failing to merge properly;

Not using turning signals;

Failing to stop at a red light or stop sign;

Mechanical error such as faulty brakes, broken steering column, or tire blowouts;

Distracted driving;

Drunk driving;

Drugged driving;

Failing to use emergency flashers after an accident or when disabled;

Driving too fast for the conditions, such as during a dust storm; and

Many other causes.

Common Injuries in a Truck versus Truck Collision on a New Mexico Interstate

Since big rigs, trailers, tandem trailers, and other large commercial trucks are big, heavy, and moving fast, they can cause serous personal injuries very easily.  Some common personal injuries caused in a New Mexico trucking crash include the following:

Broken bones;

Ruptured or injured organs;

Nerve injuries or damage;

Back injuries;

Traumatic brain injuries;

Crushing injuries;

Spinal cord injuries;

Severe lacerations;

Amputations;

Loss of eyesight;

Paralysis;

Wrongful death; and

Many other serious causes.

If You Have Been Involved in a New Mexico Trucking Collision and Live Out of State, Call Us Today to Learn What Your Rights are to Compensation!

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 Motor Vehicle Accidents Caused at Night

- Mark Caruso

Night Driving Carries Different Risks and is More Likely to Cause a New Mexico Motor Vehicle Accident

We all know that driving at night is more difficult than driving during the day because it carries different risks.  The most obvious risk is visibility.  Without the sunlight, it is harder to see other vehicles, pedestrians, the roadway, and other hazards on or around the road.  Driving safely and complying with your duty of care in driving is to see what there is to be seen, and failing to do so can result in negligence and serious personal injuries or even wrongful death.

This is why NM Stat. 66-3-802 requires all motor vehicles to use headlamps half an hour after sunset and half an hour before sunrise.  This section of law also requires drivers to use lights “when there is not sufficient light to render clearly discernible persons or vehicle on the highway at a distance of five hundred feet.”  This applies to all motor vehicles, from cars and motorcycles to large commercial trucks or tankers.

When a vehicle is disabled on the roadway when this section of law requiring headlights to be on, according to NM Stat. 66-3-853 the disabled vehicle also needs to use emergency flashers and either a lighted fusee, lighted red electric lantern, or a red emergency reflector one hundred feet behind their vehicle and ahead of their vehicle (for oncoming vehicles), and again not less than 10 feet to the front or  rear of their vehicle.

Disabled commercial motor vehicles such as large tractor trailers, big rigs, 18-wheelers, tankers, flatbeds, tandem trailers, and other large trucks also need to use emergency flashers under federal regulations pursuant to 49 CFR 392.22.  The type and placement is similar to the New Mexico statute.  The goal is to prevent serious personal injuries from New Mexico trucking crashes.

Common Causes of New Mexico Crashes During the Night

Because of decreased visibility, there are more common causes of accidents involving disability and sight.  These include the following causes of accidents:

  • Failure to yield;
  • Failure to have headlights on;
  • Failure to use emergency flashers for disabled vehicle;
  • Broken headlight;
  • Dim or improperly covered headlights;
  • Failure to use emergency warning signs after disabled;
  • Failure to stop at a stop sign or red light;
  • Improper merge;
  • Unsafe left turn;
  • Crashes at exits or entrance ramps to the highway or interstate, such as I-40, I-10, and I-25;
  • Collisions with animals at night;
  • Pedestrian knockdowns at night;
  • Distracted driving;
  • Failure to follow signage; and
  • Other common causes of traffic accidents.

New Mexico Law Requires Vehicles to be Visible, a Failure of Which Can Result in Serious New Mexico Accidents Causing Permanent Disability or Wrongful Death

Motor vehicle accidents caused at night without headlights or due to these causes may result in liability, and an injured victim should call for experienced legal counsel.  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.

The Statute of Limitations in New Mexico Motor Vehicle Accidents: Know How Long You Have to Sue

- Mark Caruso

Victims of New Mexico Motor Vehicle Accidents Have Three Years to Commence a Lawsuit Under the Statute of Limitations

While a victim of a serious New Mexico motor vehicle crash should be focusing on his or her recovery, there is a time limit that he or she will have to commence a lawsuit.  This is true in every state throughout the country.  This time limit is the period in which the person must start a lawsuit after the injury-causing event occurred.  This period is known as the statute of limitations period, and it can completely bar your case if you do not follow it.

The statute of limitations period is different for every offense, and varies from state to state.  If a victim fails to commence an action within the statute of limitations period, there is no way to revive the claim—even the most sympathetic of judges cannot resurrect your case.  It is the single most important part of your case, and most people have never even heard of it.

The purpose of the statute of limitations period is to prevent “stale claims.”  Meaning, it is to prevent people from coming back years after an incident to make claims.  The longer away from the time of the accident, the worse a witness’ memory will be, the less physical data there will be, and the less likely that evidence is retained.  Thus, the statute of limitations period facilities an expeditious resolution after an incident to make sure the evidence is fresh and available.

The Statute of Limitations Period for Motor Vehicle Crash Victims

People hurt in New Mexico motor vehicle crashes may have been in trucking accidents, car crashes, motorcycle collisions, SUV rollovers, or other serious incidents.  These types of injuries can cause very serious injuries and even the wrongful death of a victim.  It is important to commence a lawsuit on time and within the statute of limitations period to ensure a victim’s rights are preserved.

Under New Mexico law, NM Stat. 37-1-8 provides that an action for damages caused by an injury to the person is three years.  This means that an accident victim must start a lawsuit within three years from the date of the accident.  This is not the date of the injuries, or the date the person realizes there may be a lawsuit.  But this is three years from the date of the act or omission causing the serious injuries.  This applies to car accidents, motorcycle crashes, and trucking crashes all the same.

Is There a Way Around the Statute of Limitations?

There are very few ways to extend the statute of limitations.  The extensions are really known as tolls, or temporary pauses preventing the statute of limitations from running.  The most common is infancy, which is when an infant is injured in a motor vehicle accident.  The statute of limitations will toll while the child is a minor.

Another toll is disability or incompetence.  Another is where the victim is serious injured and unconscious, thus physically unable to commence the lawsuit.  This can help extend a time to commence a lawsuit, but it should not be relied on and best practice is to always commence an action within the three year time period.

Commencing a New Mexico Motor Vehicle Crash Case Most be Done on Time, and by Good Attorneys

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.