Truck Accident

Motorist Killed When Cargo from Truck Falls Off and Hits Her: Las Cruces Trucking Accident Attorneys Explain

- Mark Caruso

Innocent Woman is Killed in a Las Cruces Trucking Accident When Improperly Secured Cargo Launched off a Commercial Truck and Into Her Vehicle

News outlets are reporting that a southern New Mexico woman, 51 year old Amelia Dominguez, was killed in a New Mexico trucking accident on State Route 9.  Cargo fell off of the commercial truck and launched into her vehicle.  She was severely injured and died days later at an area hospital.  The truck was going one way and she was going in the opposite direction.  The police investigation found that that a safety tie down restraint broke or otherwise disengaged from the load.  The load then launched into the opposite lane where Ms. Dominguez was driving in the opposite direction.

Here at the Caruso Law Offices, P.C., we know that all aspects of commercial trucking is dangerous.  Sometimes the actual truck itself is not what can kill a victim.  Excessive cargo, unsecured cargo, and improperly transporting objects can be just as deadly as falling asleep at the wheel.  Our experienced Las Cruces New Mexico trucking accident attorneys have the resources, knowledge, and experiences in handling these types of very serious trucking crashes.  If you or a loved one have been seriously injured or killed in a trucking accident due to falling cargo, call us for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

All Truck Drivers and Trucking Companies Are Responsible for Cargo on Their Commercial Trucks

Under New Mexico Law, according to NM Stat. 66-7-364 it is illegal to place injurious material on a highway which includes cargo from a truck.  There is also New Mexico common law, or judge-made law, which requires truck drivers to guard against cargo falling off of their vehicles and striking others on the roadway.  It would be negligent to allow cargo to fall off and recklessly or unnecessarily harm another.

There are also extensive federal regulations of FMSCA which allow throughout the United States.  Specifically, these regulations require that all truck drivers and truck companies must inspect and secure their cargo pursuant to 49 CFR s 392.9.  In fact, truck drivers must even inspect their truck within the first 50 miles after beginning a trip and make adjustments.  In addition, 49 CFR s 393.100 also contains protections against shifting and falling cargo and provides an extensive list of scenarios, fixes, and devices that must be done.

When a truck driver and trucking company fail to comply with New Mexico statutory law, New Mexico common law, and the federal regulations, it can result serious personal injuries to a victim in a Las Cruces trucking accident like to Ms. Domingeuz.  This can be negligent.  Under the doctrine of negligence per se, the violation of a statute meant to protect a victim from harm will automatically result in a finding of negligence.  Meaning that the trucking company and truck driver are automatically liable.

However, a violation of a federal regulation is only evidence of negligence–it is not automatically.  Nonetheless, a violation of federal regulations is a strong tool to use against a defendant trucking company or truck driver which killed an innocent person.

In the case above, it is highly likely that the trucking company or truck driver will be negligent as a matter of law for Ms. Dominguez’ untimely and horrific death under negligence per se and under the common law.

Unsecured Cargo Can Kill, and If it Does Call the Caruso Law Offices, P.C. to Protect Your Rights 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.

Things Truck Drivers Don’t Want You to Know About New Mexico Trucking Accidents

- Mark Caruso

New Mexico Truck Drivers Don’t Want Victims of New Mexico Trucking Accidents to Know These Things

Victims who have been injured in serious New Mexico trucking accidents have rights to compensation in a personal injury lawsuit that truck drivers and trucking companies do not want you to know about.  Period.  But the experienced New Mexico trucking accident attorneys at the Caruso Law Offices, P.C. need to ensure that victims know their rights to compensation.  If you or a loved one have been injured in a New Mexico trucking crash, call us immediately to learn how we can protect your rights by dialing (505) 883-5000 today.

Secrets Truck Drivers Don’t Want You Knowing

Truck drivers that make mistakes on the highway or interstates such as I-40, I-25, or I-10 can easily kill occupants of passenger vehicles.  When this happens, victims have many tools to win a lawsuit and obtain compensation against the trucking company and truck driver.  But they don’t want victims to know about these things.  Here are some important things to know to win:

Hours of Service Regularly are Regularly Violated – Trucking companies and truck drivers must follow federal hours of service regulations.  However, trucking is a business and time is money.  Truck drivers regularly lie on their log books or inaccurately keep time.  They stretch their hours of sleeping or resting to they can continue driving more than legally allowed.  However, almost all trucks have computers on their engines which monitor time being used and time not used.  This can be downloaded and you can establish that the hours of service regulations were being violated.

Many Truck Drivers are Abusing Caffeine or Drugs to Stay Awake – Driving across the country constantly can be very tiring.  Especially when you do it several times and are constantly driving.  This is why truck drivers need to help keep themselves awake by taking caffeine supplements or other products to stay awake.  Yet there is no real replacement for sleep to make yourself awake, alert, and ready.  Some truck drivers even turn to illegal drugs such as cocaine and other stimulants to keep them awake longer and able to drive longer.  This can affect a driver’s ability to react to traffic patterns; drugged driving and driving under the influence or while ability impaired is illegal.  Truck drivers don’t want victims to know how common it really is.

Truck Drivers are Taught to Rear End the Vehicle in Front of Them Rather Than Try to Truck Away – If a truck driver is not paying attention or is unable to stop in time before rear ending another vehicle, truck drivers are actually taught to rear end that vehicle instead of trying to swerve at the last second.  The reason is that swerving could result in the truck jackknifing, flipping over, or hitting multiple other vehicles instead of just one.  If a truck blocks an entire highway, many more people could be seriously injured or killed instead of just the victims in one vehicle.  Thus, the car in the front is a sacrifice in a trucking accident.  Truck drivers are also taught that swerving can result in them getting killed, whereas in a rear end collision it is entirely unlikely.

Truck Drivers Hate This Blog Post, But You Should Bookmark it And Call if You or a Loved One Are Every Hurt in a New Mexico Trucking 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.

Scary NM Trucking Accident: Driver Falls Asleep While Hauling Radioactive Material

- Mark Caruso

New Mexico Truck Driver Falls Asleep While Driving on I-40: Cargo is Radioactive Material—What Happens if Someone Was Hurt?

It’s a nightmare scenario that was luckily avoided.  News outlets are reporting that a truck driver on Interstate 40 feel asleep while driving.  He was driving a large commercial truck which left the roadway and rolled onto its side on the I-40 eastbound lane near mile marker 132.  The cargo was Cesium 137—a radioactive material.  Luckily no one was hurt, but this could have been catastrophic!

There are several liability issues here that are relevant to a person who could have been hurt in a New Mexico trucking accident.  As experienced New Mexico trucking crash attorneys from Albuquerque, New Mexico, we have handled many trucking collisions on Interstate 40.  If you or a loved one were hurt in an interstate trucking accident, call us for a FREE consultation by dialing (505) 883-5000 to learn your rights today.

Dangerous Cargo and Trucking Accidents in New Mexico

This motor vehicle involved radioactive material.  This is a dangerous cargo.  While it is somewhat uncommon, radioactive material does get transported regularly.  However, there are many more dangerous types of cargo which can be just as deadly to victims.  Most of these are chemicals including acids or gasoline.  These are also very dangerous.

When a victim of a New Mexico trucking accident is injured in the collision, the chemicals and cargo can be just as damaging as the actually impact.  A trucking company and a truck driver are liable for the secondary damages caused by the cargo.

Commonly the cargo will result in a fire.  A fire is secondary to the impact of the trucking crash.  The fire can be just as deadly if not more deadly.  Fires easily kill or seriously injury.  Victims can suffer significant pain and suffering if they are trapped in the mangled wreck and cannot escape a fire which eventually consumes them.  The Caruso Law Offices, P.C., have handled many cases with similar facts and recovered compensation for the victims.

Truckers Who Fall Asleep at the Wheel are Negligent

As unbelievable as it sounds, a truck driver actually fell asleep while driving a truck with radioactive material.  Not only is this negligence as a matter of law under the common law, or judge-made law, but is just sounds reckless.  If anyone was injured due to the crash or the secondary damage caused by radioactive material, victims would absolutely be entitled to compensation.  A jury would be very unsympathetic to a truck driver in this situation.

This accident occurred on an interstate.  Because there are so many states that America’s interstates use, federal regulations apply to cover all states and set a minimum standard.  Driving while sleep impaired is covered in the federal regulations.

Under 49 CFR 392.3, “[n]o driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

Thus, victims of a trucking accident who are injured due to a driver who falls asleep, the victims will be entitled to compensation for his or her injuries under the federal regulations and under the common law.

Truck Drivers Who Fall Asleep While Driving on Interstates with Dangerous Cargo are Simply Negligent

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.

Dust Storm 25 Car Pileup on I-10 Kills 6 in New Mexico: Lordsburg Personal Injury Attorney Discusses

- Mark Caruso

New Mexico Dust Storm Pileup on Interstate 10 Kills 6 People, Including 9-month-old Girl!  Lordsburg Personal Injury Attorney Explains Facts and Law

According to news sources, a horrible 25 car pileup occurred on I-10 which has killed six people so far and injured many month.  A 9-month-old girl was one of the victims who was killed.  The pileup occurred on a stretch of the interstate in Lordsburg, New Mexico.  Videos and photographs of the accident scene are absolutely scary as you can see how strong the dust storm was and lack of visibility.

Victims of this catastrophic 25 car pileup on Interstate 10 have rights for their injuries and loss of loved ones.  Our experienced Lordsburg car accident attorneys have handled many dust storm related accidents which have resulted in personal injuries or the death of victims.  Including against some of the largest trucking companies throughout the country, including FedEx, Estes, and Schneider.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights.

Liability in New Mexico Dust Storms: Lordsburg Victims Should Call us NOW!

Under the common law, or judge-made law, all drivers have a duty to operate their vehicles with reasonable care under the circumstances that a reasonably prudent driver would.  This includes a duty to see what there is to be seen when they are driving.  If a dust storm is causing very serious visibility problems where drivers cannot see where they are going, they must slow down to the point where they can operate their motor vehicle safely or they need to stop entirely.

This is particularly true of large commercial trucks such as semis, big rigs, 18 wheelers, tankers, and other large vehicles which must prevent fatal trucking crashes.  In the Federal Motor Carrier Safety Regulations, known as the FMCSR, section 392.14 requires that motor vehicles most use extreme caution in hazardous conditions.  More specifically, “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by . . . dust . . . adversely affect visibility . . . .”  Further, this section requires that “[s]peed shall be reduced when such conditions exist.”  And if such dust is too 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.”

Wrongful Death Lawsuits from Interstate 10 Dust Storm Fatalities: Lordsburg Victims Should Make Sure Their Rights are Protected!

When a victim dies in a serious motor vehicle accident such as this 25 car pileup due to a dust storm on I-10, the family of a victim is entitled to commence a wrongful death lawsuit.  This is a lawsuit to both compensate the victim’s family for the loss of their loved one, services, and financial support.  It is also a lawsuit to compensation the pain and suffering of a victim.

Wrongful death lawsuits are also used to punish the negligent parties from doing this again.  It is used to help promote change and awareness as well as to prevent more victims in future accidents.  They are a social deterrent.

Interstate accidents such as this one on I-10 should be avoided by careful drivers.  Using this as a deterrent to prevent other accidents is very important and should have an effect at saving future lives.  This is also true of all dust storms, where motorists must safely stop or drive safely to avoid motor vehicle crashes an deaths.

Victims of the Fatal Lordsburg, New Mexico Trucking Accident Should Call Us to Learn Their Rights NOW

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

New Mexico Trucking Crashes Caused by Speeding

- Mark Caruso

Speed Kills, Especially When New Mexico Trucks Speed on Interstates

In case you did not already know, speed kills.  According to statistics, speed-related crashes cost $40.4 billion and resulted in over 10,000 deaths.  Approximately 30 percent (30%) of all motor vehicle accidents are caused or contributed to by speeding.  Among male drivers, seventy-four percent (74%) of fatal speed-related crashes were between 15 to 24 years old.  For females, forty percent (40%) of fatal speed-related crashes were between 15 to 24 years old.  In New Mexico, 365 people were killed in the last year of statistics due to speeding.  That’s one a day.

The only thing more dangerous than speeding, is speeding in a large commercial truck such as a big rig, semi, 18-wheeler, tanker, flatbed, tandem trailer, double trailer, or other large truck.  These vehicle are already very heavy and difficult to maneuver.  They require a lot of time to brake and slow down.  Speeding not only increases the difficulty to maneuver and the destine it requires to stop, but also decreases the driver’s reaction time to begin braking.  This is clearly a recipe for disaster.

At the Caruso Law Offices, P.C., our experienced New Mexico trucking crash attorneys know this.  We have handled many motor vehicle accidents caused by excessive speed, particularly involving large commercial trucks.  If you or a loved one have been seriously injured or killed in a New Mexico trucking crash caused by excessive speed, call us today by dialing (505) 883-5000 to learn how we can help get you the maximum amount of compensation that you may be entitled to.

Speeding is Against the Law: How to Prove Liability With a Traffic Ticket

Under New Mexico Law Stat. 66-7-301 (d), “[i]n every event, speed shall be so controlled by the driver as may be necessary: (1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway; (2) to comply with legal requirements as may be established by the state highway and transportation department or the New Mexico state police division of department of public safety and the duty of all persons to use due car . . . .”

If a driver causes a motor vehicle accident due to speeding and a violation of this section of law, a victim can use this violation against the speeder.  The doctrine of negligence per se  allows a victim to use to violation of a traffic law to establish negligence where the traffic law was intended to protect the victim from the harm that the violation occurred.  In this case, the speeding statute prevents victims from being hurt in motor vehicle accidents caused by speeding drivers.  Therefore, a victim will be able to prove his or her case to win.

In a trucking accident, the victim can also show the trucking company as well.  This is because the truck driver is working on behalf of the trucking company.  Thus, the trucking company will be vicariously liable for the negligence of the truck driver.  This is important because it allows a victim to receive compensation under the trucking company’s insurance policy.

Speed Kills, and Truck Drivers that Speed in New Mexico are Killing More and More Innocent Motorists Each Year

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.

US 550 is One of the New Mexico’s Deadliest Roads

- Mark Caruso

Recent Study Finds US 550 in New Mexico to be State’s Deadliest

According to government traffic data, US 550 may be the deadliest road in New Mexico.  Residents of New Mexico know this, as US 550 has a high speed limit and a narrow median separating the two southbound and two northbound lanes.  This route is used by people traveling north in New Mexico, including large trucking companies.

Unfortunately, New Mexico personal injury lawyers also know how deadly US 550 is and can be to motorists.  Here at the Caruso Law Offices, P.C., we have handled many motor vehicle accidents occurring on US 550 resulting in the wrongful death of many innocent people.  If you or a loved one were seriously injured or killed on US 550, call us today for a FREE consultation by dialing (505) 883-5000.  We can help protect your rights to the maximum amount of compensation you may be entitled to.

Trucks on US 550 Kill Families: The “Killing Zone”

Recently the Santa Fe New Mexican ran an article about two families who were killed on US 550 by large commercial trucks.  Last month, the Crawford family of Aztec, New Mexico were headed to Albuquerque, New Mexico on US 550 to watch their sons play soccer.  The mother, father, and two children never made it to the game because a large commercial truck crossed over the median and hit them head-on.  They were all killed in this serious trucking accident.

This recent accident is similar to the Miller accident years earlier, where the mother, father, and two children were killed on US 550 on their way back from a Texas family vacation.  Also in that case, a large commercial truck crossed the centerline and struck them head-on, killing all the family members in the car.

According to the newspaper, some patrolmen refer to US 550 anywhere from San Ysidro, New Mexico north is a “killing zone” due to all of the traffic accidents.  This specifically refers to trucking accidents, which are coming from Albuquerque which is a major hub for trucking companies delivering cargo throughout the country.

Interestingly, under Interstate 40 in New Mexico had more fatal motor vehicle accidents per mile than US 550.  But it is important to know that Interstate 40 handles more than twice the number of vehicles than US 550.

Common Causes of US 550 Crashes

According to studies, a majority of those motor vehicle accidents include cases where the car in the other lane crosses the median and into the oncoming lane.  Some believe that the road was constructed poorly and that cable medians are needed because research has shown them to be approximately 90% effective at preventing traffic from crossing into the oncoming lane.  Other believe the speed limit is too high for that roadway to begin with.

Others believe that it is driver error which is the problem.  Many of the motor vehicle accidents have involved drugs or alcohol.  Some trucking accidents have been caused by a fatigued driver.  Other accidents are caused by drivers speeding above the limit.  Some accidents have been caused by a combination of these actions, which is even worse.

Loved one Injured or Killed on US 550?  Call Us Now

 

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.

Can I Get Lost Wages in a New Mexico Motor Vehicle Crash?

- Mark Caruso

Sometimes Lost Wages Can be the Largest Part of Your Recovery in a New Mexico Motor Vehicle Accident, And All Victims Should Know Their Rights to Compensation

When most people think of a motor vehicle crash, they think of the pain and suffering and the hospital bills which they will ensure and may obtain compensation for in a lawsuit.  While this is certainly true and is the most commonly sought damages, a victim can also obtain his or her lost wages from work.  In fact, a lost wage claim can actually be even greater than a pain and suffering claim if the victim suffered severe injuries keeping him or her out of work for a long period of time.

Here at the Caruso Law Offices, P.C., our experienced New Mexico motor vehicle accident attorneys know that victims need to be compensated for their lost wages.  Many families depend on these wages and when a family member supporting the household can no longer work, it can create a great burden on the rest of the family.  If you or a loved one have been injured and unable to work, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Lost Wage Claims Are Available to All Motorists Injured in New Mexico Accidents

Where a victim of a motor vehicle accident is seriously injured and out of work for several months, he or she may have an extended lost wage claim.  A lost wage claim is simply the lost wages that the victim would have earned if he or she had not been injured.  It is simply lost time from work.  The more seriously injured a victim is and the longer away from work, the greater the lost wages.

This is why victims of New Mexico trucking accidents have some of the largest lost wages claims.  Trucking crashes with large commercial vehicles such as big rigs, 18 wheelers, tankers, flatbeds, semis, tandem trailers, and other large trucks will cause devastating wrecks and catastrophic injuries.  This means a victim will be away from work longer, and will miss more salary.  This means a higher lost wage claim.

A Truck Driver’s Lost Wage Claims

Truckers who are also working in national companies like Schneider, Estes, FedEx, and other large trucking companies may also be injured in New Mexico.  Indeed, New Mexico has some of the busiest interstates in the country.  I-40, I-25, and I-10 are very busy and important hubs for trucking companies sending goods coast to coast.

Sometimes these truck drivers fall victim to serious traffic accidents due to the negligence of another truck driver or other drivers.  The Caruso Law Offices, P.C. has represented many such injured truck drivers, including those from Ontario and Upland, California, who are traveling through New Mexico.  Many times truck drivers, even if just incapacitated for several weeks or months, could have large lost wage claims.

Victims of New Mexico Motor Vehicle Accidents Should Call the Caruso Law Offices, P.C. If They Have a Lost Wage Claim

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.

Pelvic Fractures Caused by Albuquerque Motor Vehicle Accidents

- Mark Caruso

Serious Motor Vehicle Accidents Can Cause Serious Pelvic Fracture

One of the most serious types of fractures that a person can sustain is of the pelvis.  This is because the pelvis is very strong and sturdy, and it takes a lot of force to fracture the pelvis.  When the pelvis is fractured, it is often very dangerous because there are a lot of very vital structures running through that area, including major blood vessels, organs, and nerves.  Pelvic fractures may also cause extensive bleeding which must be quickly treated.

This is why a motor vehicle accident is one of the most common causes of a pelvic fracture, more than slip and falls or disease conditions.  The most common type of motor vehicle accident causing a pelvic fracture is a trucking accident, such as with a semi trailer, tandem truck,  big rig, 18-wheeler, tanker, and other large commercial truck.  This is because these types of trucks have a lot of weight and speed which means they have a lot of force and momentum.

Anatomy of the Pelvis

The pelvis is not made up of a lot of bones, but all of these bones are rather sturdy and rather important.  The sacrum is the triangular-shaped bone at the base of the spine which makes up the center of the pelvis.  The coccyx or tailbone is the very bottom of the sacrum.

Then there are the hip bones, which are the illium (the wings of the hips), ischium (ringed-shape bone at the bottom of the pelvis), and the pubis (narrow segment of bone between the ilium and ischium in the center of the pelvis near the base of the coccyx).  The three hip bones form a “cup,” known as the acetabulum socket, which is where the femur or leg bone connect.

Types of Pelvis Fractures Caused by Albuquerque Motor Vehicle Accidents

There are two general types of fractures of the pelvis.  These are a stable fracture and an unstable fracture.  A stable fracture is where there is just one break, the fractured ends line up, and the bones are not really shifting or moving.

An unstable fracture is whether there are two or more breaks, the fractured ends of the bones do not line up, and the bones may shift or move.  An unstable fracture is very common in high-speed collisions, particularly interstate collisions on Interstate 10, Interstate 25, and Interstate 40.  These types of collisions are frequently caused by trucking collisions.

Types of Stable Fractures

There are three main types of stable pelvic fractures which could be caused by a motor vehicle accident.  The first is where the iliac wing (the hip bone) is fractured.  This is the large bone that flares out to the sides of the spine at the hip.  The second is a sacrum fracture, which is the base of the spine.  The third is a pubic rim fracture, which is the ring-shaped bone at the bottom of the hip that breaks.

Types of Unstable Fractures

There are also three main types of unstable pelvic fractures which could be caused by a motor vehicle accident, but are most likely in a trucking crash.  The first is an anterior-posterior compression fracture which is where the iliac wing (shaped hip bone) and where the pubis bones on the left and right side meet in the middle.

The second type is a lateral compression fracture.  This type of fracture is very common in serious motor vehicle accident because the pelvis is struck and crushed inward.  The iliac wing, pubic, and ischium usually all break and curl towards the center of the body.  Think of a side-impact collision like a t-bone which hits an occupant and pushes all the bones inwards.

The third type is a vertical shear fracture.  This is another common type of fracture caused by a car accident.  This is where one half of the pelvis is pushed upwards and the base of the iliac wing, pubis, and ischium all fracture at or near the midpoint.   These types of fractures are also common in serious motor vehicle crashes where the metal of the car is very serious jolted and mangled, popping the occupant up in his or her seat even though there is a seatbelt on.

If You Have a Pelvis Fracture Caused by an Albuquerque Car Accident or Albuquerque Trucking Accident, Call our Experienced Attorneys Today to Learn How We Can Protect Your Rights to Compensation!

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.

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.