wrongful death

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.

New Mexico Cities with the Worst Intersections for Fatal Car Accidents

- Mark Caruso

These New Mexico Cities Have the Worst Ranked Intersections for Fatal Car Accidents in the Entire State!

Intersections are the most dangerous portion of the road and travel pattern that a driver can encounter.  Unfortunately, most drivers encounter an intersection several times a day.  While most drivers successfully navigate these intersections, far too many people do not leave them alive.  Indeed, intersections kill more people each year than any other portion of a roadway.  And the reason is simple—cars from multiple sides are all coming together to a single point at the same time.  Even traffic light or traffic signed controlled intersections are still downright dangerous.

Here at the Caruso Law Offices, P.C., we handle many motor vehicle crashes at intersections which result in the wrongful death of a victim.  If you or a loved one have been serious injured or killed in a New Mexico intersection crash, call our experienced Albuquerque car accidents attorneys for a FREE consultation by dialing (505) 883-5000.  We will advise you of your rights and right to ensure you get the maximum compensation you may be entitled to.

List of New Mexico Cities with the Worst Intersections

According to the New Mexico Department of Transportation, the fifty worst intersections were ranked by the total number of motor vehicle crashes for three consecutive years.  After reviewing the data, the New Mexico cities with the worst Intersections are the following:

Albuquerque, New Mexico

There are more dangerous and deadly intersections in Albuquerque, New Mexico than anywhere else in the state.  In fact, the top 13 worst intersections were all in Albuquerque! And a majority of the list is from Albuquerque.

Paseo Del Norte Blvd NW and Paseo Del Norte Blvd NE contributed to over 250 fatal crashes which is more than any other three streets on the list.  The most dangerous intersection for car accidents was Paseo Del Norte Blvd NW and Coors Blvd NW, and the second worst was Paseo Del Norte Blvd NE and Jefferson St NE.  Other dangerous portions of Paseo Del Norte Blvd are NE and Pan American East Highway NE, and NW and 2nd St NW.

Other dangerous roads with deadly intersections in Albuquerque for car crashes were San Mateo Blvd NE, Montgomery Blvd NE, Coors Blvd NW, and Wyoming Blvd NE.  Of all the cities on this list, Albuquerque, New Mexico absolutely had the most crashes, the most injuries, and the most deaths than any other of the cities on the list.  While most of these intersections have  fatality and injury rate between 25% and 29%, the intersections of Central Ave W and Unser Blvd NW and Indian School Road NE and Sant Mateo Blvd NE both had a 38% fatality and injury rate—second highest on the list!

Las Cruces, New Mexico

While Las Cruces does not have nearly as many intersections on the list, motor vehicle crashes here are likely to cause serious injury or be fatal then any other intersection on the list!  In fact, Las Cruces, New Mexico holds the highest percentage and third highest percentage rate of injury or death in an intersection crash.  The worst was a 41% fatality and injury rate at Elks Dr and Main St.  This is the highest on the list and scary that almost half the time a person will be seriously injured or killed in a crash!.  The third worst on the list is Main St and Solano Drive in Las Cruces, New Mexico has a 37% fatality and injury rate.

Another reason why Las Cruces has such a high percentage of injury and fatality rates is simply because this is a major trucking hub and there are a lot of New Mexico trucking accidents occurring here.  Indeed, trucking companies across the country like Schneider, US Parcel, Estes, McLane, FedEx, and other large companies use New Mexico’s popular interstate highway system to ship cargo coast to coast and north to south.  At Las Cruces, this includes where I-25 and I-10 meet to switch north to south and east to west.  US Route 70 and US Route 180 are also very popular routes adding to the danger of motor vehicle accidents.

Santa Fe, New Mexico

While there are not many Santa Fe cities on the list, the one that is on the list carries a one in four chance to seriously hurt or kill a person in a crash.  This is Cerrillos Rd and St Francis Dr, and has caused over 150 crashes in three years with almost 40 killing or seriously hurting a victim.  Cerrillos Rd and Zafarano Dr is also a very serious intersection, where 30% of the people involved in a crash are seriously hurt or killed.

Española, New Mexico

While only one intersection makes the list, it has resulted in a fatality or serious injury in 37% of the motor vehicle accidents which is tied third for the worst intersection.  The intersection of Fairview Lane and Riverside Drive is incredibly deadly and single handedly gets Española on the list.

Farmington, New Mexico

This is the last non-Albuquerque city on the list.  The intersection of 30th St and Main St has seriously injured or killed 21% of the drivers and passengers.  Motorist should use extreme care when traveling on this intersection as well.

The Caruso Law Offices, P.C. Fight for the Rights of Victims at Dangerous Intersections

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.

Common Causes of New Mexico Motor Vehicle Accidents on Memorial Day

- Mark Caruso

Memorial Day Car Accidents are Common in New Mexico For Several Reasons

Memorial Day is a time for remembering the sacrifices that members of our armed services have made for our country and us.  Thus sacrifices could be serving and spending time away from family and friends, or paying the ultimate sacrifice for our country.  But it is a day to remember the fallen and their families for helping preserve our freedom.

But Memorial Day has evolved for many of us into times with family and friends BBQing and traveling.  It is known as the official start of the summer.  And it is also known as a time to relax from work and enjoy the usually nice weather.  However, this also means more motor vehicle accidents, serious injuries, and even wrongful deaths.  There are several reasons why for this, which include the following:

1) Alcohol/Drug Related Accidents – Alcohol and drugs should never be a contributing cause to any motor vehicle accident—they are very preventable causes.  However, on the big picnic day like Memorial Day, alcohol and drug related accidents are very high and result in horrific personal injuries.  Driving while intoxicated or under the influence of a drug is illegal by both statutory law and common law.  If alcohol or drugs is a cause of a car accident, the victim can be compensated for his or her injuries.

2) Excessive Speed – People are rushing to get to their parties and BBQs.  Many people are using some of New Mexico’s largest interstates such as I-40, I-25, and I-10.  These interstates are inhabited by large commercial trucks lie big rigs, tandem trailers, tankers, 18 wheelers, and other large trucks which could cause serious trucking crashes.  When motorists are driving at an excessive speed over the limit, or when large trucks are, it can result in catastrophic and deadly interstates accidents.  Las Cruces and Albuquerque are where two large interstates meet, which is also where a lot of high speed collisions occur.  Speed kills and is a major contributor to New Mexico car accidents.

3) Heavy Traffic – Holidays such as Memorial Day bring a lot of people out and onto the roads.  This means that there will be more traffic and congestion on the roads.  Simply put, this means more things to hit.  When you combine alcohol, drugs, and speeding as noted above, this is a simple recipe for devastating crashes which can kill people.

4) Inexperienced Drivers – Because it is a holiday, many people will be on the roads who are not comfortable with driving.  Some people only go out for special events, particularly elderly drivers who may only go out a few times a year.  Also more younger drivers get out for the beginning of the summer and enjoy having this as a major hang out holiday.  The combination of al the factors above and the inexperienced drivers will cause a significant number of motor vehicle accidents which will, unfortunately, result in the serious injury or wrongful death of victims.

Call the Caruso Law Offices, P.C. to Learn How We Can Help Get Your Compensation for Memorial Day Car Accidents

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

Injured in the Cab of a Truck: New Mexico Trucking Accident Injuries to Co-Drivers

- Mark Caruso

When a Co-Driver in a Truck is Injured by the Driver in a New Mexico Trucking Crash, He or She May Be Entitled to Compensation

Some of the largest trucking companies use New Mexico’s busy interstates to transport cargo throughout the United States.  Indeed, companies such as US Parcel, Schneider, and FedEx us I-40, I-25, and I-10 to ship goods north and south, and east and west, through New Mexico and to different ends of the country.  In long and large shipping deliveries, trucking companies may use two drivers to help transport their goods in a faster timetable.  This allows one driver to sleep and rest in the cabin while another driver focuses on the road.  Then they can switch when the hours of operation regulations require rest.

While this can be a safe practice, unfortunately sometimes it is not.  The sleeping driver is completely at the whim of another truck driver and defenseless to any negligence.  Large commercial trucks such as big rigs, tankers, 18 wheelers, tandem trailers, tractor trailers, and other large trucks are always very dangerous.  A sleeping driver could be involved in a serious trucking accident and never wake up.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident attorneys know how devastating it can be for a loved one to perish in a catastrophic trucking crash.  We have the experience and knowledge necessary to zealously represent a victim and his or her family to ensure they get the maximum compensation they deserve.  Call us today by dialing (505) 883-5000 for a FREE consultation.  We represent many drivers in Ontario, Upland, and the surrounding area in serious trucking accidents which they did not cause, and we help them receive the compensation they deserve.

Rights of a Sleeping Co-Pilot in a Trucking Collision

When another driver is sleeping in the cabin while a coworker drives and causes a serious New Mexico trucking accident, the sleeping driver can easily be seriously injured.  The sleeping driver is not doing anything wrong and cannot be liable for the accident.  Thus, he or she has rights to compensation against the negligent part.

If the negligent party is the other truck driver – When the co-driver is the negligent party, the sleeping driver will have rights to commence a lawsuit against the negligent co-worker and his employer.  However, this is only where the employer does not comply with New Mexico Workers’ Compensation Act which requires an employer to carry workers’ compensation insurance.  If an employer does NOT comply with the Workers’ Compensation Act, an injured driver can commence and action.  Otherwise, it is unlikely an employee will be able to sue an employer.  However, it should be noted that if the employee is really an independent contractor and not an employee, the injured employee CAN sue!

If the negligent party is another driver – When the co-driver is not the negligent party but rather another driver on the roadway causes the serious New Mexico trucking accident, the sleeping driver can commence a personal injury lawsuit against the other driver.  The other driver will likely commence a third party action against your co-driver, employer, and even you, but that may have little effect on your recovery.

New Mexico Trucking Accidents Injuring or Killing Co-Drivers

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.

May is National Bike Safety Month: NM Bicycle Accident Attorney Explains

- Mark Caruso

May is National Bike Safety Month: Learn How to Avoid Danger and Hear About Your Rights If you Were Injured in a New Mexico Bicycle Crash

Many people enjoy cycling on the roads throughout the country, including New Mexico.  In fact, cycling has increased in popularity and brought many more people to the roadways.  “Share the road” is also a slogan during this time of year which is meant to bring awareness to motorists so they remember to lookout for bicyclists on the roadway.  To this extent, May is National Bike Safety Month to further bring safety tips to motorists and bicyclists alike.

This is because a cyclist can be very serious injured in a motor vehicle accident, particularly with a large commercial truck such as a trailer truck, tanker, 18 wheeler, big rig, or other truck.  A cyclists lacks the protections of others on the roadway.  Motorists in cars have steel walls and airbags to protect them.  Truck drivers sit up high in a cabin and also surrounded in a steel shell.  Even motorcyclists have roll cage and slide bars to help prevent some serious injury.

The statistics show that cycling is a very dangerous sport on the roadways.  In fact, according to the National Safety Council, over 500,000 people were treated in an emergency department for injuries while riding a bicycle.  For reference, football had almost 400,000.  If you or a loved one were injured in a New Mexico bicycle crash, call our experienced personal injury attorneys at the Caruso Law Offices, P.C. by calling (505) 883-5000 to learn how we can protect your rights.

Safety Tips for Bicyclists

There are some tips and advice that every bicyclists should know to help lower the risks of being involved in a New Mexico bicycle accident.  These include the following types:

  • Be visible and use bright colors that do not blend in with your surroundings;
  • Know how to ride your bike and know its capabilities;
  • Always stop at intersections and when crossing, especially at stop signs or traffic lights;
  • Make sure your bicycle is equipped with reflectors on the sides and back;
  • Never hitch onto vehicles;
  • Use hand signals when turning;
  • Ride single file—never double up;
  • Ride in the direction of traffic;
  • Always be aware of pedestrians coming out of parked cars or at intersections;
  • Watch for car door opening;
  • Know the traffic laws for cyclists;
  • Use a headlight and rear light;
  • Have a horn or bell loud enough to get the attention of a driver; and
  • Many others.

Common Injuries from New Mexico Bicycle Crashes

When a bicyclists is hit by a motor vehicle, the injuries can be catastrophic.  A victim may be entitled to compensation for injured caused by a negligent driver to help a victim recover.  Some common injuries caused by motor vehicle accidents include the following:

  • Broken bones;
  • Traumatic brain injuries;
  • Nerve damage/brachial plexus injuries;
  • Spinal cord injuries;
  • Back injuries;
  • Organ damage;
  • Permanent scarring;
  • Massive lacerations;
  • Paralysis;
  • Permanent nerve damage;
  • Orbital blowout fractures;
  • Concussions;
  • Depression and/or anxiety;
  • Hip replacements;
  • Shoulder replacements;
  • Torn ACL or MCL or PCL or LCL;
  • Torn rotator cuff or labrum;
  • Broken pelvis or hip
  • TMJ;
  • Road rash;
  • Wrongful death; and
  • Many other injuries.

Injured in a Bicycle Accident?  Call the Caruso Law Offices, P.C. for Legal Representation to get the Compensation you 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.

Truck Drivers Killed in New Mexico by Another Truck Driver’s Negligence

- Mark Caruso

Wrongful Deaths Due to a Truck Driver’s Negligence Can Result in Compensation for the Family of the Loved One Lost

Commercial trucks such as big rigs, 18 wheelers, tandem trailers, tractor trailers, tankers, flatbeds, and other large vehicles can be very dangerous and deadly when the driver behind the wheel is negligent.  New Mexico has some of the busiest trucking routes in the country, including interstate 10, interstate 40, and intestate 25.  Some of the largest trucking companies in the United States, including Schneider, FedEx, Swift, Estes, and other carriers use these routes throughout New Mexico.  Many of these truckers live in many places across the country, including in Ontario, CA and the surrounding area.

Unfortunately, even if you are a safe driver, another driver may not be.  Our experienced lawyers at the Caruso Law Offices, P.C. know that very careful truck drivers driving through New Mexico can be injured by other truck drivers who are not as careful, as experienced, and as well trained for the large commercial vehicle they are driving.  This can result in catastrophic truck crashes resulting in the wrongful death of a victim.  If you or a loved one have been seriously injured or killed in a New Mexico trucking crash caused by a truck driver, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Trucking Crashes Causing Wrongful Deaths

Large commercial trucks are the most dangerous vehicles on the road.  They are big, move fast, have many blindspots, and can generate a lot of force.  This means they are more likely to cause a wrongful death when they are involved in a trucking crash.

Families of the loved one killed in a New Mexico trucking accident can bring what is known as a wrongful death lawsuit.  A wrongful death lawsuit is meant to compensation the family for the loss of their loved one’s contributions to the family, including love and affection, income, dependency, and other services.  A wrongful death lawsuit is also meant to punish the negligent defendant for causing such injuries.  The pain and suffering of the loved one may also be compensation in a wrongful death lawsuit.

Wrongful Death Caused in New Mexico of an Out-of-State Driver

Unfortunately, it is a very common scenario where a truck driver kisses his or her family goodbye to go to work driving across America and never comes home because he or she is killed in a trucking accident in another state.  New Mexico is a common place for this fatal scenario to play out, because the interstates in New Mexico help transfer trucking routes north to south or east to west.

When an out-of-state driver is killed in New Mexico, he or she will be able to commence a lawsuit in New Mexico where the accident occurred.  This if true of his or her family, who may similarly commence an action for wrongful death in New Mexico.

If Your Loved One is Killed in New Mexico in a Trucking Accident, 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.

New Mexico’s Deadliest Intersections: Albuquerque Motor Vehicle Accident Attorney Explains

- Mark Caruso

All Intersections are Dangerous, But These New Mexico Intersections are the Deadliest in the State

Any time a vehicle approaches an intersection it could result in a serious motor vehicle accident.  That is the simple truth in that intersections are segments of the road where one direction of traffic crosses over another lane of traffic.  Collisions can be at high speeds and impact at the vulnerable part of the vehicle—the side impact.  Not only is this dangerous, but it is deadly.

Recently statistics from the University of New Mexico have been released ranking the worst intersections in New Mexico.  As previously identified in our last blog post, the worst intersection was Coors Blvd NW and Paseo Del Norte Blvd NW in Albuquerque, New Mexico.  This intersection had 380 motor vehicle accidents of which 29% (110) were fatal.  This intersection had the highest number of fatalities out of any other intersection in the state.

Deadliest Intersections in New Mexico

While Coors and Paseo Del Norte have the highest number of fatalities, it does not have the highest percentage of fatal accidents.  The percentage of fatal accidents really goes to how dangerous an intersection is.  Here is a list of the intersections with the highest rate of fatality per vehicle accident:

Elks Dr and Main St, in Las Cruces, New Mexico – 41% fatal;

Central Ave W and Unser Blvd NW, in Albuquerque, New Mexico – 38% fatal;

Indian School Rd NE and San Mateo NE, in Albuquerque, New Mexico – 38% fatal;

Main St and Solano Dr, in Las Cruces, New Mexico – 37% fatal;

Fairview Lane and Riverside Dr, in Española, New Mexico – 37% fatal;

Coors Blvd NW and Irving Blvd NW, in Albuquerque, New Mexico – 35% fatal;

Airport Rd and Cerrillos Rd, in Santa Fe, New Mexico – 33% fatal;

Coors Blvd NW and Quail Rd NW, in Albuquerque, New Mexico – 32% fatal;

Osuna Rd NE and San Mateo Blvd NE, in Albuquerque, New Mexico – 32% fatal;

Eubank Blvd NE and Montgomery Blvd NE, in Albuquerque, New Mexico – 31% fatal; and

Cerrillos Rd and Zafarano Dr, in Santa Fe, New Mexico – 30% fatal.

Injuries and Deaths at Intersections Deserve Strong Legal Advocacy 

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

New Mexico Drunk Driving Accidents are Decreasing, But Still Too Deadly

- Mark Caruso

Statistics Show New Mexico Trucking Driving Accidents are Decreasing, But Even One is too Many

As experienced New Mexico car accident attorneys, the attorneys at the Caruso Law Offices, P.C. know that even one drunk driving motor vehicle accident is inexcusable.  These are preventable accidents which should not occur, and only occur but for the negligence of the intoxicated driver.  Recent studies for the last year of statistics have shown that New Mexico drunk driving accidents are steadily decreasing and even at some of their lowest numbers, but still almost 400 people are killed each year in New Mexico drunk driving accidents.

If you or a loved one have been seriously injured or killed in a New Mexico drunk driving accident, call our experienced Albuquerque car accident attorneys to learn how we can protect your rights to compensation.  We will fight to get you the maximum compensation you may be entitled to for your injuries or the death of a loved one.  We offer a FREE consultation, so call (505) 883-5000 now to hear how we can help you.

Grim Statistics for New Mexico

According to the Centers for Disease Control and Prevention, 1,254 people were killed in motor vehicle accidents involving a drunk driver in New Mexico in the years 2003 through 2012.  New Mexico’s rate of deaths per age group per 100,000 was more than the national average in each age group studied.  According to news outlet, this is because New Mexico actually lead the country in alcohol-related deaths in 2014, the last year of compiled statistics.

Drunk Driving is Illegal and is Negligent

NM Stat 66-8-102 makes it is unlawful for any person from operating a motor vehicle while under the influence any intoxicating liquor such as wine, beer, liquor, cider, or any other alcoholic beverage.  There are different levels of intoxication based on a set of parameters, which include the following:

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

Any driver who violates this status can be found negligent per se.  This means that a violator who causes a New Mexico motor vehicle accident is automatically deemed negligent.  This allows a victim who was injured by the drunk driver to prove his or her case by virtue of the drunk driver violating the statute.

Injuries or Wrongful Deaths Cased by a Drunk Driver are Unacceptable and Negligent

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.