wrongful death

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.

Fatalities or Serious Injuries from Albuquerque Truck Crashes Require Alcohol and Drug Testing

- Mark Caruso

Trucking Companies Must Perform Alcohol or Drug Testing When There is a Fatal Crash or Serious Injuries from a Dangerous Albuquerque Trucking Accident

Trucking is big business in the United States.  Many of America’s big businesses are trucking companies or logistics companies.  They use the interstate system to send goods from coast to coast and north to south, including some of the busiest interstates in the country which are in New Mexico like I-40, I-10, and I-25.  The largest trucking companies use these interstates constantly and are United Parcel Service of America, Fed Ex, J.B. Hunt Transport Services, YRC Worldwide, Swift Transportation, HUB Group, and many more.

Because of this, there are extensive federal regulations which govern the conduct of large commercial vehicles throughout all states.  States are free to add more restrictions or laws, but the federal regulations will cover a large amount of the standard conduct.  Even though most trucking companies try to comply, unfortunately a lot of times they cut corners, make mistakes, and don’t exercise safety.  This results in very serious trucking crashes, including in New Mexico.

Drugs and Alcohol are Major Cause of Albuquerque Trucking Accidents

One of the most common causes of trucking crashes in New Mexico is due to drugs or alcohol.  It is a sad truth that a lot of truck drivers do drink immediately before or even during their shift.  Some do it habitually, others do it to deal with the stress of being away from family.  But either way, it is illegal and dangerous.

It is also well-known that truck drivers will also abuse drugs.  Most of the abused drugs are stimulants to keep them awake and give them energy to continue driving long periods of time without rest.  However, the drugs will also cause troubles with inhibitions and make it harder for motorists to react or judge distances.  This can easily result in serious personal injuries in a truck crash.

Trucking Companies Must Test Truck Drivers for Drugs or Alcohol in Certain Circumstances

Under the federal regulations, a trucking company must test a driver for drugs or alcohol after an accident in certain circumstances.  If the trucking company fails to do so, it will be a violation of the federal regulations and an injured victim could use that to demonstrate the trucking companies negligence, lack of protocol, and poor structure which caused the motor vehicle accident.  These regulations are under 49 CFR s 383.303.

First, a trucking company must test a truck driver for drugs or alcohol if the driver gets a citation/ticket from law enforcement and there were either very serious personal injuries which need immediate medical treatment away from the scene (i.e., requiring hospitalization) or if a disabled vehicle must be towed form the scene.

Second, a trucking company must test a truck driver for drugs or alcohol if there is a fatality from the trucking accident.  This is an obvious one, but sometimes fatalities do not always occur right after the crash.  In fact, the federal rules state that a fatality is related to the crash if it occurs within 30 days.  Thus, a trucking company is best to always test a driver involved in a very serious crash which causes possibly fatal injuries.

The time to test for alcohol must be within 2 hours after the accident.  The time to test for drugs but be within 32 hours after the accident.  During this time, unless law enforcement says otherwise, a truck driver may actually continue to drive despite having a crash.  If a truck companies let the driver continue knowing he or she may be positive, that too can result in liability for the trucking company.

Injured in an Albuquerque Trucking Crash Caused by a Drunk or Drugged Truck Driver?  Not Sure if the Trucking Company Tested Him or Her, or Helped Protect You from Harm?  Call the Caruso Law Offices, P.C. to Learn How We Can Protect 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.

Two Fatal Albuquerque Crashes on the Same Day: Scooter Rider and Pedestrian Killed

- Mark Caruso

Albuquerque Fatal Crashes Result in the Death of a Rider on a Scooter and Pedestrian

In Albuquerque, there are many different ways that a victim can be seriously injured in a motor vehicle accident.  For instance, Albuquerque is one of the largest trucking routes in New Mexico, if not one of the busiest in the United States.  Most large commercial trucking companies such as FedEx, Schneider, US Parcel, McLane, and other companies use Interstate 10, Interstate 25, and Interstate 40 to delivery cargo throughout the US.  Albuquerque trucking accidents are very common and very deadly.

There is also a lot of commuter traffic of passenger cars in Albuquerque, particularly because are large residential neighborhoods near busy business areas.  This also means there are a lot of pedestrians or people on alternative vehicle such as bikes, scooters, mopeds, skateboards, and the like.

Unfortunately, this also means there are a lot of motor vehicle accidents.  Last week on Thursday, July 20, 2017, there were two fatal accidents in Albuquerque, New Mexico.  The first involved a motor vehicle and a rider on a scooter at the intersection of Zuni Road and San Pedro Drive SE.  The individual on the scooter was killed and pronounced dead at the scene.  Later in the day, a pedestrian was struck and killed by a car near 98th Street and Avalon Road.

Both cases are still in the beginning of the investigation phase.  However, here at the Caruso Law Offices, P.C., our experienced Albuquerque motor vehicle accident attorneys know that these type of accidents are caused by negligence and completely avoidable.  If your or a loved one was seriously injured or killed in a motor vehicle crash similar to this in Albuquerque, Las Cruces, Roswell, or anywhere else throughout New Mexico, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Intersections are Dangerous, Which is Why These Two Fatal Crashes Occurred

It is a common fact that intersections are a very dangerous if not the most dangerous part of a road.  Think about it—traffic in one direction is going to directly cross over traffic in another direction.  There can be a lot of signs, directions, arrows, and traffic control devices to distract drivers.  There are multiple other cars, trucks, other vehicles, and even pedestrians coming in and out of the roadway.  This is why there are a lot of motor vehicle crashes at intersections.

In the two cases above, it is clear that the intersection’s confusion caused the death of two classes of people who are most likely to be overlooked—people on alternative vehicles like scooters, bikes, mopeds, skateboards, and to pedestrians on foot.  These wrongful deaths will result in liability for the negligent parties if the victims’ families retain aggressive legal representation.

Call the Caruso Law Offices, P.C. for Zealous Advocacy for your Personal Injuries or Family’s Wrongful Death Cases

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.

Pedestrian Killed by Drugged Driver in Roswell: New Mexico Personal Injury Attorney Explains

- Mark Caruso

Drugged Driver Strikes and Kills Woman Walking on US 380 Outside Roswell, New Mexico

New outlets are reporting that a pedestrian who was walking along US Highway 380 in Lincoln, New Mexico was struck and killed by a drugged driver on July 12, 2017.  Beverly Bradburry Cline of Kilgore, Texas was walking in the shoulder of the highway when the vehicle driver by Margaret Cano-Sammis left the road and struck Cline causing fatal injuries.  First responders pronounced Cline deceased at the scene.  The driver, Cano-Sammis, admitted to using medicinal marijuana and methadone earlier in the day and was arrested for alleged vehicular homicide.

Cline’s death could have been avoided.  But unfortunately it was not, and many other people across New Mexico are injured or killed on highways, interstates, and other roads throughout the state.  Here at the Caruso Law Offices, P.C., we know that most motor vehicle crashes can be avoided.  Drugged driving accidents are on the rise and result in more fatal collisions than drunk driving.  If you or a loved one has been injured or killed, call our experienced Roswell car accident attorneys for a FREE consultation by dialing (505) 883-5000.

This sad news story brings up many interesting legal issues to be discussed.  All parties are innocent until proven guilty, but this does not mean that there may not be liability to explain.

Pedestrian Collisions in New Mexico

Whenever a motor vehicle strikes a pedestrian in New Mexico, it is very likely that the driver will be negligent as a matter of law.  This is because New Mexico Stat. 66-7-337 provides that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway[.]”  This law is intended to protect pedestrians on or around the roadway from being struck by a motor vehicle.  When this occurs, it can result in serious personal injuries or death.  Victims can be permanently injured or killed in pedestrian knockdowns.

Therefore, under the doctrine of negligence per se the driver who strikes and injures a pedestrian will be found automatically negligent for violating this statute.  The driver may provide a rebuttable presumption that the pedestrian solely caused or contributed to the subject accident, but it is a difficult position to be in.

Also under the common law, or judge-made law, a pedestrian struck by a car will have the common law definition of negligence on their side.  This provides that a motorist must use reasonable care under the circumstances and in the use and operation of his or her vehicle to avoid striking a pedestrian.  If that occurs, the defendant is likely negligent under the common law standard for negligence as well.

Drugged Driving is a Serious Problem

Cline was killed by a driver who admitted to taking controlled substances earlier in the day, including marijuana.  Many people are under the impression that marijuana is not as dangerous as other drugs, and is safe to drive under the influence of.  However, medicinal marijuana is used to help relax an anxious person and fight certain ailments.  It can calm a person and slow down their alertness and ability to react.  This can obviously be dangerous when traveling on a highway such as US 380, or even an interstate such as I-40, I-25, or I-10.

A drugged driver be also be negligent per se.  This is because NM Stat. 66-8-102 provides that it is “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.”  Any drug in a driver’s system will result in liability.

Where to Commence an Action: New Mexico or Texas?

The victim was from Texas but killed due to the apparent negligence of a driver in New Mexico.  A common question is where should the victim’s family commence an action?  This is known as a conflict of law issue and a venue question.  There are classes in law school which cover just this topic because the area of law is complicated and very important.

However the simple answer is that the victim will likely best be protected by suing in New Mexico.  This is because the conflict of laws approach generally requires torts—civil wrongs such as negligence in a car accident—to be commenced in the state where the tort occurred.  This means that Cline’s family can commence an action in New Mexico for wrongful death.  While Cline’s family could commence an action in Texas, it is likely to be dismissed or transferred back to New Mexico.

And this happens a lot.  Truck drivers working for some of the largest trucking companies across the country such as Schneider, Estes, US Parcel, and McLane are usually from Upland, Ontario, Rancho Cucamonga, San Bernardino, and other nearby cities in California.  This is a major trucking hub which uses New Mexico’s interstates such as I-10 to cut across the country.  When these drivers are injured in New Mexico trucking accidents but live in California, most of them choose to commence an action in New Mexico to protect their rights.

Pedestrian Collisions Caused by Drugged Drivers Brings Serious Liability Issues

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.

Albuquerque Bus Accident Causing Wrongful Deaths

- Mark Caruso

Victims of Albuquerque Bus Accidents Resulting in the Wrongful Death of a Passenger Requires Strong Legal Representation

The City of Albuquerque, New Mexico transit and bus system, ABQ Ride, is an important system and function in our city.  It is heavily relied upon and used by a large number of people to get to work, school, run errands, and engage in leisure activities.  We rely on these buses for timely, affordable, and safe travel.  However, sometimes this is not always the case.  These buses are very large and heavy, and can cause very serious and permanent injuries in a bus crash.  Not only can passengers on the bus be seriously injured, but any vehicle or person who is hit with the motor vehicle can be seriously injured or killed in even low-speed collisions.

Here are the Caruso Law Offices, P.C., our experienced Albuquerque bus accident attorneys represent those injured or killed in these types of horrific accidents.  We know how to claim, prove, and win claims for pain and suffering, lost wages, lost earnings, loss of services/consortium, medical expenses, future medical care, wrongful death, and many other claims.  Call us today to learn how we can protect your rights to compensation by dialing (505) 883-5000 for a FREE consultation.

Causes of Albuquerque Bus Accidents Which Injure or Kill People in New Mexico

There are several causes to all Albuquerque bus accidents which can result in liability and a finding of negligence to allow a victim to recover.  This includes the following:

  • Driver inexperience;
  • Wide-turns;
  • Excessive speed;
  • Improper lane change;
  • Distracted driving;
  • Driving while fatigued;
  • Failing to yield;
  • Running a red light;
  • Driving under the influence of drugs or alcohol;
  • Using a cell phone while driving to call or text;
  • Taking a turn too fast;
  • Jumping a curb;
  • Not paying attention/zoning out;
  • Failing to stop at a stop sign;
  • Backing up improperly;
  • Turning without a directional signal;
  • Mechanical failure or a brake, wheel, or tire;
  • Dust storms or other adverse weather; and
  • Many other causes.

Do you believe any one of these causes caused your Albuquerque bus accident?  Were you a victim and think something mentioned above happened to you?  Call us today for a free consultation by dialing (505) 883-5000.

Common Injuries in Albuquerque Bus Accidents

Since a bus is a very large commercial vehicle, there can be very significant and damaging injuries caused to passengers or other drivers in other vehicles.  The sheer size and speed of a large bus can simply pulverize bone, destroy tissue, and permanently damage a person’s body.  These include the following types of very common injuries:

  • Broken bones;
  • Organ damage;
  • Traumatic brain injuries;
  • Spinal cord injuries;
  • Back injuries;
  • Nerve damage;
  • Torn tendons or rotator cuffs in the shoulder;
  • Torn tendons or ligaments in the knee such as an ACL, MCL, PCL, LCL, or meniscus;
  • Large scars and lacerations;
  • Lung damage or ruptures;
  • Blindness;
  • Paralysis;
  • TMJ;
  • Dental injuries;
  • Collapsed rib cage;
  • Burn injuries;
  • Chemical burns;
  • Wrongful death; and
  • Many other injuries.

Albuquerque Bus Accidents Seriously Injure or Kill Victims Who Should Call Us Today

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

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.

Lubbock Fatal Crash: Who is Liable in Single Car Crashes in New Mexico

- Mark Caruso

A Lubbock Teenager Was Killed in a Single Car Crash in New Mexico: Who is Liable in These Types of Accidents?

News sources are reporting that a Lubbock, Texas teenager has been killed in a one car crash on US Highway 62/180.  The crash occurred about 26 miles away from Hobbs, New Mexico.  The vehicle was traveling west.  The victim was a 14-year old in the front, passenger seat.  She was not wearing her seatbelt.  The vehicle left the roadway and rolled over.  The victim was ejected from the vehicle and sustained serious personal injuries that resulted in her death.  She died at the scene.  Other occupants were taken to the hospital for treatment.

New Mexico crashes like this are horrible and destroy families.  Here at the Caruso Law Offices, P.C., our New Mexico car accident attorneys handle many fatal accidents involving minors, on the highway, and single car vehicles.  We have also represented many victims who live in other states but were injured or killed in New Mexico.  If you or someone you love has had a similar accident, call us today for a FREE consultation to learn your rights to compensation by dialing (505) 883-5000.

Liability in Single Car Crashes

In a New Mexico single car crash there could be several people at fault.  Generally, a passenger in a single car crash is rarely if ever at fault.  Only where there is evidence that the passenger affirmatively caused the crash can the passenger be at fault.  Thus, when a passenger is injured or killed in a single car crash, the passenger likely has a claim against the driver.

Indeed, the driver of the single car will likely be the liable party.  Standard negligence claims may apply, such as distracted driving, drunk driving, drugged driving, falling asleep at the wheel, and excessive speed.

When a driver of a single car crash kills a passenger that driver will be subjected to a wrongful death lawsuit.  Unfortunately, the driver and passenger usually have some relationship such as family, friends, or co-workers.  This makes a wrongful death lawsuit difficult for parties to bring against the driver, but it is very necessary to ensure the family of the victim gets the compensation for the victim’s loss of services, financial support, and pain and suffering.

Car Accidents In New Mexico from Out-of-State Victims

In the news report, the victim was from Lubbock, Texas but the car accident occurred in New Mexico.  There is something known as “conflict of laws” and long arm jurisdiction, or the ability of the court’s in a certain location to hear a case.  This is generally known as jurisdiction.

When the victim is from out-of-state and is injured in New Mexico in a negligence case, a New Mexico court will very likely have jurisdiction.  This means that the victim can bring his or her case in New Mexico because the courts can hear that type of case.

Our experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. have handled many motor vehicle crashes involving victims out of state.  The most common are from trucking accidents involving truckers in Ontario, California and Upland, California.  This is where many truck drivers are from and can result in trucking crashes in New Mexico.  Anytime a victim from out of state is injured in New Mexico, especially in the sad result of a wrongful death, victims should always call a New Mexico attorney first such as us to learn their rights.

Lubbock Texas Victims Should Call the Caruso Law Offices, P.C. for Legal Representation in Single Car Accidents

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.

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.