rear end collision

Rio Rancho Pileup Crash Possibly Caused by Drugs Sends Local Teacher to Hospital; Rio Rancho Personal Injury Attorney Explains

- Mark Caruso

Pileup Crash Caused by Possibly Drugged Driver Which Rear-ended Another Car Sends Multiple People to the Hospital; Rio Rancho Personal Injury Attorney Shares Thoughts

Multiple news outlets are reporting a six car pileup in Rio Rancho, New Mexico which has sent several people to the hospital.  This includes a beloved teacher from Rio Rancho High School, Matt Farley.  Police are still investigating the cause of the crash, but believe that one driver, a female motorist driving an Infiniti rear-ended a Volkswagen that was stopped at a red light.  The preliminary investigation shows that the female motorist may have been driving drugged at the time of the subject accident.  No charges have been filed yet, but she may face several charges for starting this dangerous and potentially deadly pileup.

Here at the Caruso Law Offices, P.C., our experienced Rio Rancho car accident attorneys have handled many pileup car crashes which have seriously injured or taken the life of victims.  These crashes can be very difficult because there are usually a lot of possible causes to the crash and several possibly liable parties.  But we have the experienced, knowledge, and resources to work with police, private investigators, and do our own investigation to uncover the causes of these accidents.  If you or a loved one have been injured in the above-referenced accident or a similar motor vehicle accident in Rio Rancho, Albuquerque, Las Cruces, or anywhere else in New Mexico, call us today for a FREE consultation by dialing (505) 883-5000.

Liability in Rear End Car Crashes

Whenever a driver rear-ends another vehicle, there is almost always doing to be liability against that rear-ending driver.  This is because there needs to be a non-negligent excuse for rear-ending another vehicle, such as an emergency and unknown medical emergency (i.e. a sudden heart attack) or some other cause outside the control of the driver (i.e., rear-ended by another vehicle and pushed into the rear of another vehicle).

This is codified in both the common law, or judge-made law, and the statutory law, or legislatively made law.  Under NM Stat Section 66-7-318, which governs following too closely, subdivision (A) provides that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

When a driver does this and causes serious personal injuries to another, or like this case causes a pileup car crash, he or she may be automatically liable for the crash under the doctrine of negligence per se.  This doctrine finds a person liable for causing a harm to another person that is protected by the statute.  Here, the New Mexico statute protects all motorists from being injured in rear-end collisions.

Drugged Driving and Motor Vehicles: A Dangerous Combination

The initial police investigation believed that the female driver of the Infiniti was operating her vehicle was under the influence of drugs.  This is just a preliminary finding, and she has not been charged and is innocent until proven guilty.  This post should in no way be considered charging her with guilt of liability.

But it brings up an interesting point of law and common issues occurring.  A few months ago we reported that drugged driving was now more common than drunk driving, which is a terrifying finding.  Drugged driving can be just as bad as drunk driving, if not worse.  Motor ability, reaction time, perception, and other important and necessary factors required to safely operate a motor vehicle will be impaired while drugged driving.

As you would expect, drugged driving is both illegal under the common law and statutory law.  It goes without saying that a motorist must maintain his or her facilities when operating a motor vehicle, and to use the reasonable care that a reasonably prudent driver would under the circumstances.  A reasonably prudent person would not use drugs and drive.

Under the statutory law, NM Stat. 66-8-102 makes it “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.”  If a driver drives drugged, it will result in a finding of negligence per se which renders a drugged driver automatically liable.

Rear-end and Drugged Driving Crashes in Rio Rancho Deserve Representation from 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.

Truck Crash Statistics to Know: Albuquerque Trucking Accident Attorney Shares Scary Stats!

- Mark Caruso

Shocking Trucking Accident Statistics You Must Know and Share with Loved Ones

The Insurance Institute for Highway Safety, Highway Loss Data Institute just released horrifying and shocking statistics regarding trucking accidents.  Here at the Caruso Law Offices, P.C., we know how dangerous trucking accidents can be but most of our clients are surprised when they are involved in one.  Our experienced Albuquerque trucking accident attorneys have handled many trucking crash cases, even simple bumper taps, which have resulted in permanent and life-threatening injuries.  Unfortunately, many people have also been killed in these types of truck crashes.

Here are some findings from the study and comments from our law office:

Most deaths in large truck crashes are the occupants of passenger vehicles.  It seems like almost every trucking accident case involves a family in a passenger car being serious injured or killed while a truck driver walks away with minor injuries, if any.  According to the statistics, 69% of the people killed in a truck crash were the occupants of other vehicles—not the large truck.  There were 3,852 fatalities in trucking crashes, which equates to 10.5 people killed each day.

This is because commercial trucks such as big rigs, 18 wheelers, tankers, flatbeds, tandem trailers, semi trucks, and other large trucks tower over smaller passenger cars placing the truck driver higher up and out of danger, but lining up the passenger occupants with the large tires or engine block.  Large trucks also have significant momentum due to their large size and heavy weight, which sends powerful shockwaves through passenger vehicles causing serious injuries.  Simply put, the occupants of the passenger vehicle are more vulnerable.

Truck braking capacity can be a factor in causing truck crashes.  Given their large size and heavy weight, large commercial trucks can take 20 to 40 percent farther than other vehicles to come to a stop.  This distance is magnified on fast roads such as interstates I-40, I-25, and I-10 going through New Mexico, or during dust storms or on wet roads.  If a truck’s brakes are poorly maintained, they can cause even longer stopping distances.  Rear end truck crashes can easily result in the wrongful death of an innocent person.

Truck driver fatigues is a known crash risk, and a serious contributing factor.  Even though federal regulations have hours of services requirements, many trucking companies and truck drivers push the limits and even forge their service logs.  Many drivers use caffeine supplements or even illegal drugs to help them stay away while driving, which can obviously add to the risk.

If You or a Loved One Are Seriously Injured in an Albuquerque Trucking Accident, Call us Today!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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

- Mark Caruso

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

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

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

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

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

Wrongful Death Actions in New Mexico

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

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

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

Rear End Trucking Accidents on the Interstate are Almost Always Negligent

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

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

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

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

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

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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.

Signs a Truck Driver Fell Asleep and Caused Your Albuquerque Trucking Accident

- Mark Caruso

Common Signs Indicating a Truck Driver Fell Asleep While Driving and Caused your Albuquerque Trucking Accidents Resulting in Serious Personal Injuries 

Tractor trailers, 18-wheelers, big rigs, flatbeds, tankers, and other large commercial vehicles are inherently dangerous because of their large size and heavy weight.  Even in the best of situations, they are large battering damages which can cause horrible damages to anything they collide with.  And unfortunately, they collide all too often in motor vehicle accidents.  The only way these vehicles are made more dangerous is when they become unguided missiles when the truck driver falls asleep at the wheel.  Since time is money in the commercial trucking business, way too many truck drivers fall asleep and cause catastrophic trucking accidents.

If you or a loved one have been injured in an Albuquerque trucking accident potentially caused by a truck driver who fell asleep while driving, contact our experienced Albuquerque trucking accident attorneys at the Caruso Law Offices, P.C. to learn how we can protect your rights.  We have the experience and knowledge in handling these types of motor vehicle accidents to thoroughly investigate your claim.  Call us today by dialing (505) 883-5000 to learn more how we can help you and your family.  We over FREE case evaluations and you will only pay us if we win your case!

Common Signs That a Truck Driver Fell Asleep While Driving

Driving while tired is a very dangerous proposition and scenario, especially at night.  But this is almost part of the job description for truck drivers who are compelled by the prospect of making more money to forger sleep.  Time is money for truck drivers and trucking companies.  Sleeping is a part of the day where no money is being earned.  This is why Albuquerque trucking accidents caused by tired drivers or drivers who fall asleep are very common on New Mexico highways and interstates.

Proving that a truck driver fell asleep at the wheel is not always easy and can be difficult.  But there are some indicators to be aware of to help your claim.  In fact, there are some common signs that a truck driver fell asleep and caused your accident, including the following:

  1. Rear end collisions with no brakes – when there is a rear end collision with no brake streaks or skid marks, this means the driver did not see the quickly approaching vehicle.  This could mean the driver was distracted, such as on his or her cell phone, or that the driver fell asleep.  Either way, this is negligent and can allow a victim to recover compensation;
  2. Crossing the center line – drivers do not just cross the center line for no reason.  Sometimes they come around a turn too fast and cross over.  Other times a driver will not appreciate the weather conditions and slide across the center line.  But most times the driver was either distracted or fell asleep.  It is particularly true that a driver likely fell asleep where there is no evidence that the driver made an attempt to correct the centerline shift or had braked;
  3. Incorrect or incomplete logbook entries – a truck driver has to keep a logbook tracking the amount of time he or she is driving and how much sleep he or she gets.  But sometimes the logbook just does not appear to be accurate, looks altered, or may be inconsistent.  While it may appear to be hard to check, trucks have an ECU, which is a computer in the engine, which tracks the speed, distance, time, movement, and other important data.  This can be compared with the logbook to see if the truck driver is lying or not.

Signs that a Truck Driver Fell Asleep While Driving and Caused a Serious Albuquerque Trucking Accident

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Spinal Injuries in New Mexico Rear End Car Accidents

- Mark Caruso

Rear End New Mexico Car Accidents Can Cause Serious Spinal Injuries, Including Permanent and Debilitating Injuries

All car accidents have the potential to cause serious personal injuries.  This can be no more true than tractor trailer accidents, high speed collisions, and rear end car accidents.  In fact, rear end car accidents are very dangerous because of the vulnerable position that the victims in the lead car are in.  Injuries from rear end car accidents can cause life-threatening and permanent injuries, including quadriplegia, paraplegia, and even death.

If you or a loved one have sustained a spinal injury in a New Mexico car accident due to a rear end collision, you may be entitled to compensation.  Contact the experienced New Mexico car accident lawyers at the Caruso Law Offices, P.C. for a free consultation by dialing (505) 883-5000.  We will review your case and advise you how to protect your rights to compensation.  We have the experience and knowledge handling serious spinal injuries, including fractures or spinal cord injuries, and we can help ensure you receive the maximum compensation you may be entitled to.

Reasons Why Spinal Injuries Are Common in Rear End Car Accidents

Rear end car accidents force the passengers in the lead vehicle to lurch forward and then whip backwards.  The faster the impact, the more violent this lurch and whip will happen.  Generally speaking, this is known as whiplash.  It places great pressure on the neck muscles, ligaments, and tendons.  It also places great pressure on the spinal column and spinal cord.  This can, in turn, cause pressure on the nerves coming from the spinal cord.

Many times the victims of rear end car accidents do not see the impact coming before it happens.  This means that many times a rear end car accident occurs before a victim can brace.  This creates a greater whiplash type injury as the body is not braced for impact.  This causes serious injury.

Types of Spinal Injuries from Rear End Car Accidents

There are many different types of injuries which can be caused by a rear end car accident.  Most of these injuries are focused on the neck (cervical) and mid-back (thoracic) spine.  This is generally the part of the spine which will take the most abuse from the whiplash motion.  Some common injuries include the following:

  • Ruptured discs;
  • Herniated discs;
  • Torn ligaments or tendons it the neck;
  • Fractured vertebrae;
  • Nerve damage;
  • Nerve impingement;
  • Concussions;
  • Dislocated shoulder;
  • Facial injuries from hitting the steering wheel;
  • Orbital blowout fractures;
  • Spinal cord ruptures;
  • Spinal cord injuries;
  • Fractured bones; and
  • Related injuries.

If You Have Been in a Rear End New Mexico Car Accident Causing a Spinal Injury, Don’t Delay—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) 847-3206  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Rear End Albuquerque Car Accidents Caused by Dust Storms

- Mark Caruso

Dust Storms Can Cause Serious Rear End Car Accidents in Albuquerque, New Mexico

In New Mexico, highways and Interstates are made more dangerous in dust storms.  Visibility is limited and traction can be reduced in bad storms.  Both of these conditions are factors in causing rear end car accidents.  On highways or Interstates, rear end car accidents can be particularly dangerous and deadly—especially when large commercial trucks are involved like 18-wheelers, semis, and tankers.

Here at the Caruso Law Offices, P.C., we are representing the family of a victim in a rear end New Mexico trucking accident caused during a dust storm.  Our client was traveling in an ongoing dust storm and slowed down as reasonable under the circumstances.  However, 3 large commercial trucks continued to plow forward blindly in the ongoing dust storm.  This resulted in a large pileup collision resulting in a devastating fire killing seven passengers in several other cars, including our client.  The tragedy is horrific and totally avoidable.

If you or a loved one have been injured in a New Mexico car accident caused by a rear end collision in a dust storm, call our experienced attorneys today at (505) 883-5000 for a FREE consultation!  We will advise you on your rights and help protect your rights to compensation from a serious motor vehicle accident!

Dust Storms Causing Albuquerque Rear End Car Accidents

What makes dust storms so dangerous is that they reduce visibility and can even completely blind motorists.  This is particularly scary on highways and Interstates where fast-driving vehicles can become unguided missiles.  Large commercial trucks take even longer to slow down due to their massive size which requires a longer distance to stop.  The decreased visibility and increased stopping distance make large commercial trucks in dust storms a recipe for serious motor vehicle accidents.

This is why federal regulations require commercial trucks to slow down as reasonable in dust storms, and even come to a complete stop if commercial trucks cannot safely travel during the dust storm.  For instance, FMCSR section 392.14 provides that “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by . . . dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.”

If a large commercial truck fails to slow down or stop under this federal regulation and rear ends another vehicle, the truck driver could result in liability for the victim under New Mexico law.  For instance, NM Stat Section 66-7-318 provides that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  Thus, a commercial truck which rear ends another vehicle may result in liability under this law.

In addition, if a large commercial truck needs to stop or is involved in a motor vehicle accident, it must use its emergency flashers to prevent other vehicles from not seeing it and rear ending the stopped or disabled truck.  Under FMCSA section 392.22, a commercial trucking vehicle must use hazard warning signal flashers “[w]henever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices . . . .”

Albuquerque Car Accidents in Dust Storms Caused by Rear End Car Accidents Require Legal Representation!

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced trucking 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.

Fatal Fire Caused by New Mexico Trucking Accident During Dust Storm Goes to Trial

- Mark Caruso

New Mexico Trucking Accident That Killed 7 During Dust Storm Goes to Trial

The Caruso Law Offices, P.C. are going to trial to represent the estate of a victim wrongfully killed in a New Mexico trucking accident.  The accident occurred during a dust storm, and resulted in a massive fire consuming the three passenger vehicles rear ended in the collision by three large, tractor trailer vehicles.

If you or a loved on were seriously injured or killed in a New Mexico trucking accident, contact the Caruso Law Offices, P.C. today for a FREE case evaluation by calling (505) 883-5000.  We have the knowledge and compassion necessary to protect your rights and ensure you get the compensation you are entitled to.

Seven Killed in New Mexico Trucking Accident Causing Fatal Fire on Interstate 10

Approximately two years ago, Joseph Guttuso and six others were killed in a fatal fire caused by a pileup truck accident.  Mr. Guttuso and the other six victims were in three different passenger vehicles traveling on Interstate 10.  There was an ongoing dust storm during the stretch of highway they were traveling on.  As a result, the three passenger vehicles exercised caution and slowed down as reasonable under the circumstances.

However, three large commercial trucks and tractor trailers operated by SAIA Trucking, Towne Air Freight, and Lights on Trucking failed to exercise the same caution.  Despite many signs along the road warning of dust storms, and despite the obvious ongoing dust storm, these three trucks continued to travel down the highway at high speeds.  They collided with the three passenger vehicles and caused a pileup accident.  The collision resulted in a fire, and the diesel and gas exploded short after impact splashing fire all over the accident scene.

Outside of common negligence for failing to exercise caution as a reasonably prudent person under the circumstances, it is argued the  truck drivers and trucking companies violated Federal Motor Carrier Safety Regulations (FMCSR) section 392.14.  This section governs hazardous conditions and use of extreme caution, and provides the following:

“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.”

Since the truck drivers failed to exercise extreme caution during the dust storm which affected visibility, and since they failed to reduce speed so that the commercial motor vehicle can be safely operated—since it was not safety operated in this case when it rear ended another vehicle—the Defendant trucking companies and drivers may be liable under the FMCSR as well as under a theory of negligence.

Fire Fatalities Caused by New Mexico Trucking Accidents

If a loved one has been seriously injured or killed in a New Mexico trucking accident caused by a fire, contact the experienced wrongful death 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.

Injuries Caused by Albuquerque Rear End Collision

- Mark Caruso

Albuquerque Rear End Accident Attorney

One of the most common types of motor vehicle accidents is a rear end collision.  These crashes can be caused by a variety of factors, such as districted driving, following too closely, or speeding.  Due to the nature of the collision, rear end accidents can cause serious injuries, particularly to the neck and back.  Even at low speeds, rear end collisions can be dangerous and cause debilitating injuries.

Of course, the bigger and heavier the vehicle the more catastrophic the injuries.  This is why Albuquerque rear end accidents caused by large trucks, tractor trailers, commercial trucks, buses, or other large vehicles can cause significant injuries.  The shear momentum of these types of vehicles causes such destructive force that personal injuries are almost always the result of a truck rear end collision.

If you or a loved one have been injured in a rear end accident, contact the Caruso Law Offices to speak with an experienced Albuquerque rear end accident attorney for a FREE consultation by calling (505) 847 3206.  We understand what it takes to protect your rights and ensure you get the compensation you are entitled to.

Proving Liability in Rear End Accidents

Generally under New Mexico law, the vehicle that crashes into the rear end of another vehicle is negligent and liable for the accident and any injuries related to such accident.  This negligence is both through common law, which is judge made law, and through a violation of a statute, known as negligence per se.

The applicable statute is NM Stat Section 66-7-318, which governs following too closely, and provides under subdivision (A) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  When a vehicle crashes into the back of another vehicle, generally it is considered to have followed too closely than is reasonable and prudent thus creating liability.

Injuries Caused by Albuquerque Rear End Accidents

The victim of a rear end collision, even at low speeds, can suffer significant and debilitating injuries.  This is because the force of the impact and momentum is coming from behind, and can create whiplash injuries stressing the spine.  Some common types of injuries caused by rear end include the following:

Contact an Experienced Albuquerque Rear End Accident Attorney

If you or a loved one has been injured in an Albuquerque rear end accident, call the experienced Albuquerque car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 384-6322  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.