New Mexico

Cervical Injuries Caused in New Mexico Motor Vehicle Accidents

- Mark Caruso

Cervical Neck Injuries are Painful and Debilitating, and Can be Caused by Any New Mexico Motor Vehicle Accidents

The neck is one of the most important parts of the human body.  It holds your heads and spinal cord which essentially gives power to your entire body.  It is the pathway for air, which is essential to stay alive.  It is also where your food and water comes in, which is also essential for life.  You also move your neck constantly and it is involved in almost every movement you can possible make and any activity from sitting down to driving a car.

If your neck is damaged, not only can it easily kill you, but it can completely incapacitate you.  Even non-permanent injuries can result in prolonged pain and suffering, as well as debilitating conditions.  Unfortunately, neck injuries are more likely to be permanent and debilitating than to be not.  This is particularly true in any New Mexico motor vehicle accident, particularly New Mexico trucking accidents.

Here are the Caruso Law Offices, P.C., our experienced New Mexico motor vehicle accident attorneys have handled many accidents involving cervical neck injuries caused by the negligence of another.  We know how it can cause permanent and prolonged pain, suffering, and therapy.  If you or a loved one have sustained a cervical neck injury due to a New Mexico motor vehicle accident, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Common Cervical and Neck Problems Caused by New Mexico Motor Vehicle Accidents

Any neck injuries can result in permanent disabilities and a lifetime of pain.  Even slow speed and low impact motor vehicle accidents can result in these type of catastrophic injuries.  Some common types of neck injuries include the following:

  • Whiplash injuries;
  • Spinal cord injuries;
  • Bulging discs;
  • Cervical fusion;
  • Torn tendons or ligaments in the neck;
  • Brachial plexus injuries;
  • Nerve injuries;
  • Fracture vertebra;
  • Windpipe injuries;
  • Muscle strains;
  • Neck sprains;
  • Herniated discs;
  • Lacerations;
  • Cervical dislocation;
  • Decapitation;
  • Cervical radiculopathy;
  • Severe headaches;
  • Numbness, weakness, and slower reflexes;
  • Muscle spasms in your neck;
  • Wrongful death; and
  • Many other injuries.

Common Causes of New Mexico Cervical/Neck Injuries in Motor Vehicle Accidents

There are many potential causes of cervical or neck injuries in New Mexico motor vehicle accidents.  The most common is a rear-end car accident, which results in a violent back and forth motion of the neck and head.  Similarly, head on collisions result in the same forces and motion.  Side impact collisions are also very dangerous because the neck is not supported by a headrest.

Trucking accidents are also more likely to result in cervical and neck injuries.  Even a small bumper tap from a large commercial truck such as a big rig or 18-wheeler can send shockwaves through a smaller passenger vehicle which causes catastrophic neck injuries.

Severe Cervical Neck Injuries Caused by New Mexico Car 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.

Driving Under Influence of Drugs More Common Than Alcohol: New Mexico Car Accident Attorney Shares New Report

- Mark Caruso

Drugged Driving is More Likely the Cause of a New Mexico Motor Vehicle Accident Than Drunk Driving, According to New Study

We all know that drunk driving is a very serious danger to people on or new the roads.  But according to a new study and report, “drugged driving,” or driving while under the influence of drugs, is more common than drunk driving.  The report studied the deaths of motorists in motor vehicle accidents throughout the country, and found that 43% of deceased motorists had drugs in their system.  Whereas 38% of deceased motorists had alcohol in their system.  This is the first time that drugged driving was found to be more prevalent than drunk driving.

Here at the Caruso Law Offices, P.C., we know that driving under the influence of anything is incredibly dangerous for all on or near the roadway.  Our experienced New Mexico car accident attorneys have represented victims of serious and fatal motor vehicle accidents caused by intoxicated drivers on both drugs or alcohol.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Drugged Driving or Drunk Driving is Against the Law in New Mexico

Under New Mexico law, NM Stat. 66-8-102 makes it “unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.”  It is further “illegal for a person who is under the influence of any drug to a degree that renders the person incapable of safety driving a vehicle to drive a vehicle in this state.”  Violating this statute and causing a motor vehicle accident will render a defendant negligent per se, or automatically negligent for the violation of the statute.

Additionally, under the common law, or judge-made law, driving while ability impaired by drugs or alcohol and causing a motor vehicle accident is also negligent.  This is because drivers owe a duty of care to others on or near the roadway to drive sober.  When a driver breaches that duty and drives while under the influence of drugs or alcohol and causes a motor vehicle accident, he or she will be found negligent.

Truck Drivers are Likely to Use Drugs While Driving and Cause New Mexico Trucking Accidents

With trucking, time is money.  The faster a shipment can be made, the faster a trucking company and truck driver can make money.  This almost coerces truck drivers into cheating sleep to drive more and deliver more to make more money.  Many truck drivers, unfortunately, turn to controlled substances and drugs to help them stay awake.  Infamously would be speed or cocaine, which are stimulants.

However, the FCMSA has regulations which apply throughout the United States and prohibit this conduct.  Under section 392.4, no driver is permitted to operate a commercial vehicle while in possession of or under the influence of certain drugs, kindling speed and cocaine, as well as any other drug which may render a driver incapable of safely operating a commercial vehicle.
Additionally, section 392.5 prohibits the use of alcohol while operating a motor vehicle or being under the influence of alcohol.

As noted above, violations here are against the common law.  A violation of the regulation which causes a New Mexico trucking accident is not automatically negligence like the violation of a statute, but it is evidence of negligence which can help prove your case.

Drugged Driving and Drunk Driving Cause New Mexico Trucking Accidents, and Are 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.

NM Car Accident Attorney Lists Five Worst Intersections in Albuquerque, New Mexico

- Mark Caruso

The Top Five Worst Intersections in New Mexico at all in Albuquerque, and All Deadly

Intersections are the most dangerous portion of a roadway.  There are multiple lanes of traffic crossing over each other.  Traffic is controlled by numerous devices in opposition directions.  Pedestrians, cyclists, and others are in or around the roadway coming from different directions.  And there are many other distractions are most intersections from the basic signs and directions, to stores and advertisements.  All intersections are dangerous.

But in Albuquerque, these intersections are also likely to be deadly.  The top five deadliest intersections in New Mexico are all in Albuquerque.  At the Caruso Law Offices, P.C., we know this because we have handled many intersection traffic accidents.  Many of these are against some of the largest trucking companies in the United States, including Fed Ex, Estes, JB Hunt, and Schneider, which can cause catastrophic motor vehicle accidents.  We know that intersection accidents are deadly, and we know that a victim needs zealous representation.

If you or a loved one have been injured or killed in a New Mexico intersection traffic accident, call our experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C.  We offer a FREE case evaluation to help you understand your rights.  Do not delay, and call us today by dialing (505) 883-5000 to learn how we can protect your rights to compensation for your injuries!

Top Five Deadliest Intersections in New Mexico

According to the New Mexico Department of Transportation, these are the top five intersections in New Mexico which are all in Albuquerque:

  1. Coors Blvd NW and Paseo Del Norte Blvd NW – this intersection has had 380 motor vehicle accidents with 110 of them being fatal in just a three year span.  This equates to a 29% fatality rate which is very high.  Not listed is the number of non-fatal injuries which must be very high given the speed of this intersection and the number of crashes.
  2. Jefferson St NE and Paseo Del Norte Blvd NE – again speed is a major factor in causing the 365 motor vehicle accidents and 97 fatalities.  This is 27% fatality rate, which is also very high.
  3. Montgomery Blvd NE and San Mateo Blvd NE – this intersection is dangerous and has caused 260 accidents with 66 fatal in a three year span.  This is a 25% fatality rate.
  4. Montgomery Blvd NE and Wyoming Blvd NE – another Montgomery NE which racks up another 251 accidents and 69 fatalities, making this fatality rate 27%.
  5. Coors Blvd NW and Montano Rd NW – 241 accidents with 59 fatal, making the fatality rate 25% and Coors Blvd NW the deadliest road in New Mexico with 169 fatalities in a three year span for just these too intersections.

Everyone Should Know the Deadliest Intersections and Avoid Them; If Already Injured, Call Us for a Free Consultation!

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.

Valuing Injuries to Children in New Mexico Trucking Accidents

- Mark Caruso

Children Harmed in New Mexico Trucking Accidents Can Suffer Serious and Permanent Injuries Which Affect his or her Whole Life

Children are precious.  They are also some of the most vulnerable members of our society.  This is particularly true of infants and the younger the child is.  This is not just because of their ability to care for themselves, but also because their bodies are growing.  Injuries to a growing person, such as an injury to an organ, growth plate, or to the brain, can result in very serious and permanent injuries.  These can affect a child’s entire development.

When these injuries are caused due to the negligence of a defendant, such as a truck driver, it can cause strong emotions such as frustration or even anger.  Injuries to children can also create emotional, physical, and financial burdens on the child and the entire family.  These can completely flip over an entire family’s way of life.

Here at the Caruso Law Offices, P.C., our experienced New Mexico trucking accident attorneys know how devastating a trucking accident can be to a young child.  We have handled many trucking accident cases and know how to fight for the rights of young victims harmed by large commercial trucking companies such as FedEx, McLane, and J.B. Hunt.  Call us today for a FREE case evaluation by dialing (505) 883-5000 to learn how we can help lift those burdens off of your family’s shoulders and place them on ours.  We will help you focus on recovering while we fight for your rights.

Valuing a Child’s Injury in a New Mexico Trucking Accident

Valuing the injuries to an infant or child after a New Mexico trucking accident is a very difficult process that not every lawyer is equipped to do.  Generally, several different types of experts are needed to help evaluate the injury child and the injuries.  Some of the most common experts and the types of cases they are needed on is the following:

 

Neurologist – required for any brain injury case, but also any nerve injury case, spinal cord injury case, or other spine or head injury case.  Psychological or emotional injuries will also require a neurological report, which is also required to help prove them.

 

Orthopedic expert – in the case of broken bones, especially to major bones like those in the arm, leg, spine, or head, an orthopedist is required to help prove your damages.  When the broken bones are among growth plates, an expert is required to opine as to the effect of the fracture on the development of the bone.

 

Life care planner – in the event that an infant or child is so severely injured he or she will no longer be able to care for himself or herself, a life care planner is needed to evaluate and explain what the treatment plans are, what the costs of these plans are, and how they will evolve as the child gets older.  This includes calculating the costs of care and the potential for raising costs.  It includes all future doctor’s visits, treatment, surgeries, medications, home health equipment, and related expenses.

 

Economist – if it is possible for the child to not be able to work, or not be able to do a certain type of work, an economist can be used to help calculate the lost future earnings.  With a young child not yet in the work force, this is very difficult to calculate and usually involves a formula of the parent’s income and the other siblings.  There is no exact science, but a persuasive argument.  The life expectancy of the child is also needed to help calculate this.

Reasons Why New Mexico Trucking Accidents Cause Serious Damages to Infants and Children

Large commercial trucks are just that—large.  They are heavy and on interstates such as I-10, I-25, and I-40 they move very fast.  The potential for a very serious and catastrophic collision is real.  An infant or child’s small body is easily crushed or damaged in these types of high speed collisions.  This is particularly true of organ injuries, where a young child does not have the benefit of a fully-hardened and protective rib cage.  Even though a child’s bones are more flexible, that does not always mean it is a benefit in these types of traumatic collisions.

Further, infant and young children may be unable to assist themselves out of a trucking accident wreck.  This means they may get stuck in a wreck and sustain addition damages, such as fire or chemical burns.  Large commercial trucks are indiscriminate, and will cause serious damage to whatever human body it collides with.

Representing Children Injured in New Mexico Trucking Accidents is What We Do at 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.

Three Causes of New Mexico Interstate Trucking Accidents Caused by Defective Equipment

- Mark Caruso

Defective Equipment Can Cause Serious New Mexico Interstate Trucking Accidents: Three Common Causes to Know

Large commercial trucks are always dangerous.  At any speed and on any road.  However, they are most dangerous on interstates such as I-10, I-25, or I-40.  These are some of the busiest interstates in the entire country used by some of the largest trucking companies such as Estes, Schneider, and FedEx.  Everything on the truck must be in excellent condition while traveling on an interstate, otherwise a part prone to fail will fail and it will cause serious personal injuries or death.

Here at the Caruso Law Offices, P.C., our experienced New Mexico trucking accident attorneys know that there are many causes of interstate trucking accidents which result from mechanical defects rather than driver error.  Nonetheless, the truck driver and trucking company will still be liable if these defects result in the serious personal injuries of a victim.  Find out how we can help protect your rights by dialing (505) 883-5000 for a FREE consultation.

Three Common Causes of Technical Defects Which Cause New Mexico Trucking Accidents

There are many different causes of New Mexico interstate trucking accidents.  But mechanically speaking, there are three common defects which you need to be aware of.  These generally are caused by the negligence of the trucking company or truck driver, and can help prove your case to get you compensation for your injuries.  These three causes include the following:

1). Faulty brakes – whether the brake pads are not properly maintained, the brake lines are worn, or the mechanical parts are defective, non-functioning brakes are a serious problem which can result in serious trucking accidents.  These can easily cause personal injuries or death of a victim as the full force and momentum of a large commercial truck could continue forward without slowing.  Faulty brakes are almost always avoidable with the proper inspection, and drivers should be inspecting their brakes regularly.

2). Defective tires – large commercial trucks have something most other vehicles do not have—lots of tires!  While this is to help balance the trailer and support the large cargo, this is also to help maneuver the truck, increase its friction, and increase its ability to pull forward.  But even just one defective tire can completely unbalance a truck, especially at high speeds on an interstates.  Moreover, a defective tire can also fling debris at other vehicles on the interstate moving at fast speeds.  This can great both obstacles on the road and dangerous rubber missiles on the road.

3) Broken steering column/wheel – the ability to steer any vehicle is crucial in the safe operation of the vehicle.  This is especially true for a large commercial truck traveling at over 75 MPH on an interstate.  A broken steering column or wheel is something that occurs due to improper or non-existent maintenance.  Regular care and upkeep of a truck will prevent any such defect, but neglect will easily result in the dangerous wear and tear on a steering column.

New Mexico Interstate Trucking Accidents Resulting from These Three Common Causes can Result in Liability

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 Hit a Truck on the Side of the Road and Was Injured: Can I Sue the Truck Driver for this New Mexico Trucking Accident?

- Mark Caruso

New Mexico Trucking Accidents Involving Parked or Disabled Trucks on the Side of the Road: Who is Liable and Can you Sue Them?

We know that, generally, when you hit a parked car you are most likely going to be liable.  This even includes of the car is double parked or at a blindspot because, after all, you are the one operating your vehicle.  In general, this is a good rule and puts the burden on motorists to avoid hitting parked vehicles.  It just makes some sense, even though it can be frustrating when that parked vehicle is in such a bad spot that it almost causes the accident.

While this is the general rule, it is not always the applicable rule.  And one situation when it is different is a large commercial truck such as a big rib, tandem trailer, tanker, flatbed, 18 wheeler, or other large truck.  This is because a truck parked on the side of the road is a very dangerous hazard and much larger than any other vehicle that could be parked.  On highways and interstates these large, parked trucks can actually be a very serious trap for motorists and result in devastating injuries from a New Mexico trucking accident.

Here at the Caruso Law Offices, P.C., our experienced New Mexico trucking accident attorneys know that these types of trucking accidents can be frustrating for other motorists because a parked truck can be almost like a landmine on the side of the highway.  The law requires trucks to take certain precautions to minimize the potential damage they can cause, and when they do not, they may be liable for injuring victims.  If you or a loved one have been seriously injured or killed in a New Mexico trucking accident caused by a disabled or parked truck, call us today by dialing (505) 883-5000 to learn how we can protect your rights.  The telephone call and initial consultation is FREE, and you will only pay us if we win your case, so call today!

Federal Regulations Require Large Commercial Trucks on the Side of the Road to Alert Other Drivers of Their Presence

You may be thinking, who hits a parked car?  How can it happen?  And who would actually sue?

Unfortunately, it is all too common that vehicles on fact-moving roadways like I-40, I-25, and I-10 can strike large commercial trucks on the roadway.  Sometimes these trucks breakdown right in the center lane of traffic moving 75 MPH or more.  Other times they choose spots on the shoulder but stick out too far impeding on the neighboring lane.  These are dangerous spots.

This is why federal regulations impose special rules on commercial trucks. For instance, a stopped commercial truck on the roadway must immediately turn on their emergency flashers to alert all other vehicles.  Additionally, stopped commercial trucks must also place warning devices such as cones on the roadway behind the truck and even in front of the truck to warn oncoming traffic.

If a driver does not see the large commercial truck and crashes into it on the side of the roadway because the truck did not set out warning devices or use its flashers, the victim can recover compensation for the truck’s violation of the federal regulations.  This is known as the doctrine of negligence per se, and is evidence of negligence based on the violation.  This is important because you can really help prove your case just on the rule violation.

Trucks Must Use Emergency Flashers and Warning Devices to Avoid New Mexico Trucking 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.

Easter Holiday Weekends Bring Joy, But Also Increased Risk of Alcohol-related Car Accidents

- Mark Caruso

New Mexico Car Accidents Increased During Holiday Weekends Because of Alcohol

Easter weekend is a very religious time and not normally associated with alcohol consumption, but it is still a weekend where people get together and celebrate, catch up, and enjoy food and drink.  It is inevitable that alcohol will be consumed, and even during the day at Easter brunches with family.  This means people may be operating their motor vehicle intoxicated during the peak hours of the day.  With the increased holiday travel due to people commuting, thus putting more people on the roadway, this is a recipe for a serious New Mexico car accident caused by alcohol.

Here at the Caruso Law Offices, P.C., we understand that victims of a New Mexico car accident caused by alcohol are going to be frustrated with the other driver’s extreme negligence.  We know many drunk driving accidents result in serious personal injuries and even the wrongful death of victims, while most drunk drivers seem to always walk away without a scratch.  If you or a loved one have been serious injured due to a drunk driver, call our experienced New Mexico car accident attorneys by dialing (505) 883-5000 to learn how we can protect your rights to compensation and ensure you get the maximum amount you deserve.

Drunk Driving is Not Only Dangerous, but it is Illegal

Under NM Stat. 66-8-102, it is illegal to operate a motor vehicle while under the influence of alcohol under these conditions:

  • if you are driving a commercial vehicle like a tractor trailer, it is illegal to drive with a blood alcohol concentration of .04 or more;
  • if you are under 21 years old, it is illegal to drive with a blood alcohol concentration of .02 or more; and
  • if you are over 21 years old, it is illegal to drive with a blood alcohol concentration of .08.

It is also illegal under the common law, or judge-made law, which finds that a driver who operates a motor vehicle with an impaired ability due to intoxication may be liable for the damages he or she proximately causes.  This is because each driver must operate his or her vehicle as a reasonably prudent person under the circumstances as another driver, which includes not causing personal injuries due to collisions.

Where a motorist violates the New Mexico statute, he or she is likely to be negligent per se which means he will be found to be automatically negligent.  This helps an injured victim prove liability and win the case.

Truck Drivers Can Also Not Have Any Alcohol, but May be Impaired

New Mexico trucking accidents can be caused by alcohol too.  This is because truck drivers may be away from family and friends, causing some depression, and decide to drink before or even during their shift.  Since Easter is on a Sunday, some other truck drivers may even drink excessive on Sunday and not be legally allowed to drive on Monday when they return back to work.  They may not only be still intoxicated, but also too close to their service hours.

This is governed by the Federal Motor Carrier Safety Administration’s regulations as provided for in this link.  While a violation of one of these federal regulations is not automatically negligence, it is evidence of negligence which you can use to help prove your case.  Coupled with the New Mexico statutes, a truck driver who causes a New Mexico trucking accident will very likely be liable for the accident.

Alcohol related Easter Accidents Can Result in Serious Injuries and Wrongful Death

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.

Inexperienced Truck Driver Causes New Mexico Trucking Accident: Can the Trucking Company be Liable?

- Mark Caruso

When Inexperienced and Poorly Trained Truck Drivers Cause New Mexico Trucking Accidents, the Trucking Company Can Be Liable For Your Damages

All drivers need to pass driver’s education before they can get behind the wheel.  This is an instructional class usually taught during high school to assist people in learning the rules of the road and how to operate a motor vehicle.  After passing this class, an individual takes a driving test.  Almost all of us have been through this process.  The real learning, however, begins as we start driving and gaining experience.  After all, just because we have a license does not mean we are an experience and competent driver, just that we have satisfied the license requirements set forth by the state.

For commercial truck drivers, they need to pass an additional CDL test.  This also involves classroom instruction, book reading, and another test with a large commercial truck.  After the test, a driver will have his or her CDL.  Again, the real learning begins when a driver starts to operate on the road.  Similarly, a truck driver who just receives his or her license is not necessarily an experienced and competent driver.

But when you operate a large commercial vehicle such as a tractor trailer, tandem trailer, tanker, flatbed, big rig, 18-wheeler, or other truck, you need to exercise the utmost amount of caution and safety to avoid causing a trucking accident.  These large vehicles are unforgiving, and even a small bumper tap can cause serious personal injuries to the occupants in a passenger vehicle.

This is why trucking companies are required to train and monitor their employees—their truck drivers.  The trucking companies need to ensure that the truck drivers are getting experience, being taught safe practices, and not being put in positions where they could unnecessarily cause harm to another.  And when their truck drivers get into a New Mexico trucking accident, they can be liable.

Respondeat Superior: Holding Trucking Companies Responsible for Negligent Truck Drivers

When a truck driver causes a serious New Mexico trucking accident, he or she may not have the financial resources to pay the victim for his or her injuries.  Even with personal car insurance, the individual truck driver will likely not be able to pay the hundreds of thousands of dollars of damage to a victim’s body.  And it may not be fair to require the negligent truck driver to do so anyway, because he or she was operating under the scope of his or her employer.  Meaning, but for the truck driver requiring the truck driver to make the delivery, the truck driver may not have been doing what he or she was doing when the accident occurred.

This is why a trucking company will be liable for a negligent truck driver.  First, under policy reasons, it makes sense because the trucking company is in a much better position to compensate the victim.  Trucking companies are even required to get insurance policies in the millions to cover New Mexico trucking accidents.

Second, the trucking company is directing the truck driver to do something for the company.  While the trucking company is not telling the truck driver to be negligent, the trucking company is putting the truck driver in a situation where an accident could happen and someone could get hurt.  To this extent, the trucking company is receiving a benefit for the truck driver’s work, and the truck driver is advancing the company.

Third, the trucking company is entrusting the truck driver with its cargo and equipment.  In this case, the equipment is a massive vehicle traveling at a high speed.  This is easily a deadly piece of equipment and is dangerous to give away to just anyone.  This is why a trucking company must ensure the truck driver is experienced and well-trained.

Therefore, New Mexico common law, or judge-made law, has what is known as the respondeat superior doctrine.  In fact, this doctrine is a national one in that the main principle is adopted by every jurisdiction in the United States to one degree or another.  Each state has its own tweaks and distinctions, but the overarching principle is the same.

Defining Respondeat Superior

Respondeat Superior is simply a master-servant relationship.  It mean that the employer will be liable for the acts of an employee committed during the scope of employment.  This type of liability is known as vicarious liability, which simply means that one party will be liable for the acts of another.  This typically happens where there is a confidential relationship between two entities or persons.  A confidential relationship does not mean a relationship that is hidden, but merely a special type of relationship between two entities or persons.

In terms of an employer and employee relationship, such as a trucking company and a truck driver, there will almost always be the requisite relationship to hold the trucking company liable for the negligent acts of the truck driver caused during the scope of employment.  This means that a victim of a New Mexico trucking accident can receive compensation for his or her injuries.

Inexperienced Truck Drivers Getting Hired to go Behind the Wheel

If a trucking company hires an inexperienced truck driver, it can also be liable for any New Mexico trucking accidents.  This is because a trucking company needs to adequately train and hire competent drivers.  If a trucking company hires bad drivers or poorly trains them, the trucking company can be liable for negligent hiring or supervision and training.

This is a separate cause of action asserted directly against the trucking company, usually in additional to respondeat superior for the negligent trucking accident.  This can also be a very powerful tool for a victim because it can help establish the negligence of a trucking company when a trucking accident may have facts which hurt the victim’s case, such as bad weather or the victim’s comparative fault.

Contact an Experienced New Mexico Trucking Accident Attorney Today to Go After a Trucking Company That Harms 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.

New Mexico Motorcycle Accidents and Truck Collisions: Albuquerque Motor Vehicle Accident Attorney Explains this Common Fatal Type of Accident

- Mark Caruso

When Motorcycles and Trucks Collide, it Results in Very Serious Personal Injuries and Often a Wrongful Death

Take the smaller vehicle on the road, the motorcycle, which has no metal shell protecting the driver.  Now take the largest vehicle on the road, the tractor trailer or big rig with a high seated cabin and thousands of pounds of weight behind it.  What do you get when these collide?

A horrific and almost always catastrophic accident.  Motorcycles are small and light, great for commuting short distances or for thrill seekers.  While trucks are the powerhouses of the delivery and commercial industry, transporting cargo through the country.  They are complete opposite in capabilities.  These two vehicles should never meet on the road, but when they do there is often a wrongful death.

If you or a loved one have been seriously injured or killed on a motorcycle during a New Mexico trucking accident, call our experienced Albuquerque truck accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation to learn how we can help protect you and your family’s rights.  Our experienced attorneys have handled many motorcycle collisions and know the unique challenges it presents, as well as even more trucking accidents and the special considerations and research to conduct therein to ensure you get the maximum compensation you may be entitled too.  Call use today to learn more by dialing (505) 883-5000.

Factors Contributing to New Mexico Motorcycle-Truck Accidents

Motorcycles have a slim and small profile.  During the day, they can often be difficult to see and keep track off in your mirrors or along your side.  Often motorcycles blend in with the surroundings and become difficult to see.

This unfortunately plays into the weakness of a large commercial truck such as a tractor trailer, tandem trailer, tanker, flatbed, and other large truck.  This is because trucks typically have several blind spots behind them and along their sides.  These blindspots are large enough to hide a van, and easily can lose a motorcycle.  A truck’s large mirrors help to mitigate the blind spots, but this also creates a large mirror where a motorcycle can easily blend in and be even more difficult to see.

Thus, the lack of visibility of motorcycles make them more dangerous around large commercial trucks.  This can result in very serious New Mexico accidents.

Common Injuries in New Mexico Collisions Between Motorcycles and Trucks

It goes without saying that the collision between a motorcycle and truck can result in very serious and devastating injuries.  Some of the most common injuries include the following:

  • Wrongful death;
  • Broken legs;
  • Spinal cord injuries;
  • Fractured ribs;
  • Traumatic brain injuries;
  • Collapsed lungs;
  • Lacerations causing permanent scarring;
  • Back injuries resulting in fusions;
  • Neck injuries resulting in fusions;
  • Nerve damage;
  • Organ damage or organ ruptures;
  • Crushing injuries;
  • Broken arms or collarbone;
  • Road rash;
  • Massive infection;
  • Internal bleeding;
  • Wrongful death; and
  • Many more injuries.

Motorcycle and Trucking Accidents Cause Serious Personal Injuries and Can Kill

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.

Worst Intersections in Albuquerque, NM: Albuquerque Car Accident Attorney Explains

- Mark Caruso

All Intersections are Deadly, but These are the Worst Intersections in Albuquerque, NM which Result in Many Serious and Fatal Motor Vehicle Accidents

Intersections are the most dangerous portions of a roadway.  This is because motor vehicle traveling from one direction directly cross over the path of roadway crossing in another direction.    Uncontrolled intersections are the most dangerous, followed by intersections with more than four routes or paths.  When lights malfunction or weather conditions obscure or make visibility difficult, intersections just become more dangerous and likely to result in very serious or fatal Albuquerque trucking accidents.

New Mexico Statutory Law Warns of Dangerous Intersections

In fact, New Mexico statutory law even imposes special requirements on vehicles approaching or in intersections.  Vehicles approaching an intersection is governed by NM Stat. 66-7-328, which establishes the right of way for vehicles in intersections requiring all vehicles approaching the intersection to yield to other vehicles already in the intersection.

NM Stat. 66-7-329 governs vehicles turning left at intersections, and requires all vehicle turning left to yield to all other vehicles to not constitute an immediate hazard when turning.  Similarly under.  NM Stat. 66-7-330, vehicles governs vehicles entering an intersection from a stop or yield sign, such driver must slow down to a speed reasonable and yield to the right of way of all vehicles in the intersection or approaching which constitute an immediate hazard.

Violating these statutes can result in very serious and deadly car accidents.  This can result in liability for the victims, as these statutes are intended to prevent against those harms at intersections.  When they occur, the defendant violating the statute will likely be liable under the theory of negligence per se.  This means that the violator could be found automatically negligent for violating the statute and causing your harm.

Top Five Most Dangerous Intersections in Albuquerque, New Mexico

While all intersections are deadly and dangerous, here at the top five most dangerous and deadly intersections in New Mexico:

  1. Coors Blvd NW and Paseo del Norte Blvd NW – in a three year period approximately 380 motor vehicle accidents were reported with 29% being fatal or causing serious personal injuries.
  2. Jefferson St NE & Paseo del Norte Blvd NE – in a three year period approximately 365 crashes occurred, with 27% resulting in fatal or serious personal injuries.
  3. Montgomery Blvd NE and San Mateo Blvd NE – in a three year period approximately 260 accidents were reported with 25% being fatal or causing serious personal injury.
  4. Central Ave E & San Mateo Blvd – in three years, there were 145 total motor vehicle accidents with 48 resulting in serious personal injuries or a fatality.  What makes this intersection more dangerous is the number of pedestrian collisions which were the highest surveyed at 12 pedestrian knockdowns.
  5. Coors Blvd & Montano Rd. NW – overall ranked the 6th most dangerous in a three year study with 242 crashes and 25% being fatal or resulting in injury, this intersection remained higher on the list for not decreasing and improving its crashes while the other intersections all did.

Victims of Albuquerque Car Accident in the Top Five Dangerous Intersections in New Mexico Require Strong 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.