wrongful death

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

- Mark Caruso

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

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

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

Dangers of Intersections and High Speeds

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

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

Liability in Emergency Vehicle Crashes

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

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

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

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

High Speed Trucking Wrecks in New Mexico: Catastrophic Injury Lawyers

- Mark Caruso

Personal Injuries Caused by High Speed Trucking Wrecks in New Mexico

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

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

Common Causes of High Speed Trucking Wrecks in New Mexico

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

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

Common Injuries Caused by New Mexico High Speed Trucking Wrecks

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

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

Victims of High Speed Trucking Wrecks in New Mexico Should Call the Catastrophic Personal Injury Lawyers at the Caruso Law Offices, P.C.

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

Who Could be Responsible for a New Mexico Trucking Wreck?

- Mark Caruso

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

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

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

Who is Liable for a Trucking Wreck?

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

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

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

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

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

- Mark Caruso

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

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

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

Liability in Single Car Crashes: Rights of a Passenger 

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

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

Wrongful Death Lawsuits in New Mexico 

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

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

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

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

New Mexico Truck Driver Killed in Interstate Wreck Due to Tire Blowout Causing Fiery Crash

- Mark Caruso

New Mexico Truck Driver Killed on I-40 When Tire Blew Out and Caused Fiery Wreck: What are the Deceased Driver’s Rights?

All commercial trucks are dangerous.  Even single vehicle crashes can be fatal.  News agencies are reporting a single-vehicle truck crash on August 31, 2017 occurring in New Mexico on Interstate 40.  The sole vehicle involved was a large commercial truck.  The truck driver’s tire blew out and the truck was caused to cross the center median and struck rocks.  The collision was so forceful that it resulted in a large fire which claimed the life of the truck driver.  There were no other fatalities or injuries.  It is unclear who the trucking company was and the identity of the driver at this time.

Here at the Caruso Law Offices, P.C., we represent victims of all types of trucking wrecks and 18 wheeler crashes.  We have represented truckers from around the country injured on New Mexico’s roads, particularly the interstates like I-40, I-25, and I-10.  Many of our trucking clients come from out-of-state who are just using the interstates to deliver cargo coast-to-coast, including in Upland, California, Ontario, CA, Rancho Cucamonga, CA, and San Bernardino, California.  If you or a loved one were injured or killed in a trucking accident occurring in New Mexico, as a truck driver in or out-of-state, or as a passenger in another vehicle, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can fight to protect your rights to compensation.

Rights of Truck Drivers in Single-Vehicle Crashes: Holding the Trucking Company Responsible

The news report shared above is a very sad case but an all-to-common case.  It may appear in these types of cases that victims of single vehicle crashes do not have anyone to blame but themselves.  However, that is not true.  And it is particularly not true under these facts where the tire blew out.

This is because the law of negligence (that applies in a vehicle crash) requires a showing that the breach of a duty was the proximate cause of the damages.  Here, the duty that was breached was not that by the truck driver to drive safely.  It was actually the duty of the trucking company to provide reasonably safe, proper, and well-maintained equipment such as commercial trucks.  This would include the tires on the trucks.

It was this breached duty that caused the subject crash, not the duty to drive safely.  That is, the truck driver’s operation of the vehicle was not what proximately caused the crash; the truck driver did not steer into the rocks.  It was the trucking company’s maintenance of the truck that caused the crash, i.e., the tire blowing out causing the truck to go into the rocks.  This accident was not caused by the truck driver.

Thus, a truck driver injured or killed in a single car crash can recover compensation from the trucking company which negligently gave him or her a faulty, improperly maintained, or broken vehicle—this includes the tires.

While some defense attorneys may argue that the truck driver is just an agent of the trucking company, thus he was responsible for the maintenance of the tires in the truck he was driving, this misses the point.  The truck driver is indeed an agent of the trucking company, and any acts that he makes or takes is for the betterment of his or her employer—the trucking company.  Said differently, but for the trucking company the truck driver would not be doing what he was doing that caused the trucking crash.

Victims from Upland, Ontario, or Anywhere in California or New Mexico Should Call the Caruso Law Offices, P.C. to Learn Their Rights When Truck Drivers Are Hurt or Killed in 18 Wheeler Wrecks

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.

Children Killed in New Mexico 18 Wheeler Crashes: Know Your Rights in This Tragic Wrongful Death Case

- Mark Caruso

New Mexico 18 Wheeler Crashes Causing the Wrongful Death of a Child: Know Your Rights

There is nothing more tragic than the loss of a child.  This is especially true when the child is lost in a sudden and negligent accident.  One common type of negligent accident likely to cause the death of a child is an 18 wheeler crash.  This is because 18 wheelers, like all large commercial vehicles, are very heavy, fast, and powerful.  When this massive machine comes into contact with a small, defenseless body, a child will be seriously and mortally injured.  This is one very difficult type of wrongful death case due to the circumstances.

Here at the Caruso Law Offices, P.C., we know that families will be absolutely devastated if their child is killed in a New Mexico 18 wheeler crash.  Our trucking accident attorneys have the experience, knowledge, and compassion to help navigate a family to the road of recovery.  While nothing will bring back a loved one, we can work to help protect the rights of the innocent child wrongfully killed due to the negligent of a truck driver or trucking company.  To learn more, call us for a FREE consultation by dialing (505) 883-5000.

Establishing Fault When a Child is a Passenger in a New Mexico 18 Wheeler Crash

When a child is wrongfully killed in a motor vehicle accident, the child will be a passenger in a vehicle and not a driver.  Therefore there is no comparative fault of the child as a driver in causing the accident.  This means that the fault with lay 100% with the truck driver or the driver of the vehicle occupied by the child.  Unfortunately, this means that a parent may be comparatively at fault for the crash.

To establish fault in a negligence case, there must be a duty, that duty is breached, and that breach proximately causes damage.  All motorists have a duty of care to operate a motor vehicle with reasonable care under the circumstances which includes avoiding unnecessary crashes, following the rules of the road, and driving as a reasonable person would under the circumstances.  If a driver fails to do that, he or she will have breached the duty of care.  If that duty of care results in a crash which causes personal injuries, that driver will be liable for those injuries.

Thus, if a truck driver causes an 18 wheeler wreck, he or she will likely be negligent.  If another driver contributed to the crash, he or she may be apportioned with some fault for the crash.

Who Can Commence a Wrongful Death Claim for a Child

When a child is killed in a New Mexico 18 wheeler crash, the child’s estate may commence an action to recover for damages.  Generally, the surviving parents will be first eligible to commence the action as a personal representative of the estate of the child.  Other individuals who may commence an action are legal guardians, siblings (who are not minors), grandparents, aunts/uncles, and some other individuals.

However, if a parent is the driver of the vehicle the child occupied, that parent may not commence the wrongful death action in most instances because that parent may be comparatively at fault for the crash—even if just 1% at fault.  Thus, the personal representative who commences the wrongful death action for the child must be a fault-free party.

Was Your Child Killed in a New Mexico 18 Wheeler Crash?  Call the Caruso Law Offices, P.C. to Learn More 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.

Top Three Worst Injuries in New Mexico Trucking Crashes

- Mark Caruso

Top Three Worst Injuries Caused by a New Mexico Trucking Crash Ranked by Albuquerque Trucking Lawyer

Trucking crashes are simps devastating.  Large commercial trucks like 18 wheelers and big rigs can twist, bend, split, and pulverize other cars in trucking crashes.  Even a passenger vehicle’s engine block can be crushed into a small cube.  Imagine the catastrophic blow that a large truck can do to the soft flesh of a human.  Even small bumper taps are damaging, whereas interstate trucking crashes are nearly always result in fatal or serious injuries.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking crash attorneys know the damage first hand by representing victims of catastrophic trucking crashes throughout New Mexico, including Las Cruces, Roswell, Rio Rancho, Santa Fe, and anywhere else.  If you or a loved one have been injured in any motor vehicle accident, especially a trucking crash, call us today for a free case evaluation by dialing (505) 883-5000.  Below our the top three worst injuries we routinely handle in New Mexico trucking crashes.

1. Worst Injury in New Mexico Trucking Crashes: Wrongful Death

The ultimate injury in a personal injury action is death.  There is nothing that can be fixed, reversed, or brought back after a patient has died.  Trucking crashes can result in horrific deaths such as those from serious and high speed impacts, crushing accidents, large fires, chemical burns, and other types.  While a lot of the times the victim may die on the side of the road, other times the victim may survive several hours, days, weeks, or even months in extreme pain and discomfort from the accident.  If this occurs, the medical bills will be high, the pain and suffering will be high, and the emotional distress on the victim and his or family will be unfathomable.

2. Second Worst Injury in New Mexico Trucking Crashes: Paralysis

Being unable to move or function is another horrible injury.  Quadriplegia and paraplegia not only force a lifestyle changes on a victim, but also change careers—if any can be salvaged, family dynamics, and medical expenses.  Paralyzed victims may be unable to move their extremities but also feel extreme and intolerable pain in their injured limb.  Victims could depend on other people to completely care for them, including basic thinks like eating, drinking, bathing, and getting dressed.  Severely paralyzed people could even become depressed of their new life.

3. Third Worst Injury in New Mexico Trucking Crashes: Traumatic Brain Injuries 

Even though the brain is encased in a shell of hard bone, it is very susceptible to serious injury in any motor vehicle crash.  This is because the brain can be injured even if the head is not struck when the head is whipped hard back and forth (whiplash).  But more commonly the brain is seriously injured when it is smashed into something during a trucking crash.  Traumatic brain injuries can be completely debilitating where a patient will need around the clock assistance from caretakers, or traumatic brain injuries can be debilitating and cause functional issues like memory, concentration, or cause headaches that impede a person’s daily activities.  In either situation, traumatic brain injuries can completely destroy a person’s life and disrupt a family completely.

Any of the Top Three Injuries Need the Representation of the Caruso Law Offices, P.C. for Zealous Representation

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.

Fatal RV Crash in New Mexico Kills Four on I-40

- Mark Caruso

Fatal RV Crash on I-40 Involving Three Vehicles Including an RV Caused by a Tire Blowout

Like large commercial trucks, recreational vehicles or RVs are very large, heavy, and generate significant moment.  This is particularly true on interstates like I-40, I-25, and I-10.  Police are reporting that four people were killed in a multi-vehicle accident about eight miles west of Santa Rosa, New Mexico, including an RV on I-40.  According to New Mexico State Police, the RV was eastbound and had a tire blow out.  This caused the RB to cross the median and hit oncoming cars in the westbound lanes.  The four people that were killed were all in one vehicle that was hit by the RV.

Here at the Caruso Law Offices, P.C., we have seen this scenario happen many times before.  Unfortunately these wrongful deaths likely could have been prevented.  If you or a loved one have been seriously injured or killed in a New Mexico vehicle crash, including a large vehicle like a recreational vehicle (RV), call our experienced New Mexico car accident lawyers by dialing (505) 883-5000 for a FREE consultation to learn how we can help you obtain the maximum compensation you may be entitled to.

RV Tire Blowouts Are Likely Negligence

Tire blowouts are a more common problem for large vehicles like 18 wheelers or RVs.  This is because of the weight on the tires and the force placed on them.  When the tires begin to fail, the added weight creates a very dangerous situation were even small wear and tear or damage could have massive consequences.  It is very likely in the horrific news story above that the tire that had the blowout was already showing signs of damage or wear and tear.  Because of this, hitting a pothole or other bump in the road will result in a tire blowout as opposed to just a hard bump.

When a tire blowout occurs because of the failure to inspect the RV, the RV driver could be liable for causing any injuries to other motorists.  For instance, NM Stat. 66-3-901 provides that “[n]o person shall driver or move on any highway any motor vehicle, trailer, semitrailer or pole trailer or any combination thereof unless the equipment upon every vehicle is in good working order . . . and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.”

Since a tire blowout does not occur to a healthy, strong tire, it is likely that the tire was wither worn and weak being the fault of the RV driver.  Or that the tire had a manufacturing defect.  Even if the RV hit a pothole, tires are designed to withstand collisions such as that.

Therefore it is likely that the RV driver and/or owner violated NM Stat. 66-3-901 and could be liable for the injuries and wrongful deaths caused by the crash.

RV Crashes that Cause Wrongful Deaths Due to Tire Blowouts 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.

New Mexico Truck Rollover Accidents

- Mark Caruso

Serious Injuries from Truck Rollover Accidents in New Mexico

Semis, tractor trailers, big rigs, double trailers, and other large commercial vehicles are large and heavy.  When they flip over or rollover it can be disastrous to any passenger vehicles unfortunate enough to be in the way.  Most passenger vehicles will be absolutely crushed if they are caught under a truck which flips or rollover.  This will cause catastrophic injuries to the occupants of those vehicles, usually causing fatalities and wrongful deaths due to the trucking crash.

Here at the Caruso Law Offices, P.C., we know how dangerous and deadly truck rollover accidents are in Albuquerque, Las Cruces, Roswell, Rio Rancho, Santa Fe, and all throughout New Mexico.  We represent those injured or killed in trucking crashes and hold the trucking companies liable for their mistakes.  If you or a loved one were injured anywhere due to a truck driver’s mistakes, call us now for a FREE consultation by dialing (505) 883-5000 to learn how we can obtain the maximum amount of compensation you may be entitled to.

Causes of Truck Rollover Accidents

Truck rollover crashes in New Mexico are caused by the negligence of someone, usually the truck driver or the trucking company.  These large commercial vehicles do not simply tip over by themselves.  Lack of care, training, and attention is the primary cause of truck rollover accidents which serious injury or kill victims.

Some common causes of truck rollover accidents in New Mexico include the following:

  • Improper lane changes;
  • Hard braking at the last minute;
  • Going too fast around a curve;
  • Changing a lane too fast;
  • Making a turn too fast;
  • Improperly loaded cargo;
  • Aggressive driving or road rage;
  • Falling asleep at the wheel;
  • Drugged or drunk driving;
  • Mechanical failures; and
  • Other common causes.

Any time there is a truck rollover accident, all victims must contact a New Mexico truck accident lawyer to learn what rights they may have to compensation.  No matter what the insurance company and truck driver tell you, large commercial trucks do not fall over by themselves.

Injuries from Truck Rollover Accidents

The sheer size, weight, and speed that a large commercial truck like an 18-wheeler or semi flip over and roll over will always cause catastrophic injuries to anyone that comes in its path.  These injuries can result in horrific pain and suffering, debilitating medical bills, and years of recovery and lost wages.

Some common injuries include the following:

New Mexico Truck Rollover Accidents Require an Experienced Personal Injury Attorneys’ Help

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 Truck Driver Texting

- Mark Caruso

Texting While Driving is Very Dangerous, Especially When the Driver is a Truck Driver: New Mexico Trucking Crashes and Wrongful Deaths

Cell phone use is pervasive while driving.  People have been talking on the phone while driving for over a decade, and many motor vehicle manufacturers are even creating bluetooth systems to people can continue to talk while driving.  This does make it slightly safer as it allows both hands to be back on the wheel.

Which is why texting while driving is so dangerous, as even with the advent of bluetooth systems it is still very hard if not impossible to text while driving with both hands on the wheel.  Because of this, texting while driving is quickly becoming just as dangerous as drunk driving and drugged driving—if not more dangerous.  Many motor vehicle crashes are being caused when drivers divert their attention, eyes, and hand off the wheel to text.

This is particularly dangerous for large commercial truck drivers, like those who operate tandem trailers, big rigs, semis, flatbeds, tractor trailers, double trailers, 18-wheelers, tankers, and other large vehicles.  A truck driver texting while driving just becomes an unguided missile, especially on the interstates or highways of New Mexico.  If you or a loved one have been seriously injured or killed due to a commercial truck driver texting while driving, call the experienced New Mexico trucking crash attorneys at the Caruso Law Offices, P.C. to learn how to we protect your rights to compensation by dialing (505) 883-5000 for a FREE consultation.

Texting While Driving is Against the Law for All Drivers in New Mexico

Our Legislature in New Mexico has made it illegal for anyone and everyone, except in dire emergency circumstances, to text while driving.  This is provided for in NM Stat. 66-7-374, subdivision (A), which provides that “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle . . . .”

When any driver causes a motor vehicle crash in New Mexico because he or she was driving while texting, that person will be violating this statute.  Victims of that motor vehicle crash can hold that defendant negligent per se, meaning that he or she will be liable for all harm caused by violating what the statute meant to the protect.

The prohibition on texting while driving was intended to protect all motorists on the road, therefore anyone texting while driving and causing an injury will be deemed negligent under these circumstances.  This applies to all commercial truck drivers as well.

Truck Drivers Have an Additional Rule Prohibiting Them From Texting While Driving

Even though NM Stat. 66-7-374 applies to all commercial truck drivers, that is New Mexico statutory law.  There are also federal regulations which apply to all truck drivers no matter what state they are driving in which also prohibit truck drivers from texting while driving.  The specific regulation is 49 CFR section 392.82, which provides that no driver of a commercial truck shall engage in texting while driving.  The regulation also prohibits any trucking company from requiring the truck driver to text while driving.

Unlike the New Mexico statute, a violation of this regulation which causes a personal injury in a trucking crash is not automatically negligence but evidence of negligence.  This means that a truck driver is not automatically liable to a victim.  However, because our Legislature enacted NM Stat. 66-7-374 (something not all states have), victims of New Mexico trucking crashes have been further protected by our government and accidents like this are automatically deemed caused by the negligence of a truck driver.

Therefore, victims in New Mexico have stronger protections and rights, as long as they have an experienced trucking accident attorney that knows this.

The Caruso Law Offices, P.C. is a Trusted, Knowledgeable, and Experienced New Mexico Trucking Crash Law Firm that Victims Need to Call to Get the Maximum Amount of Compensation They Deserve

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