January 26, 2018

 by Caruso Law Offices, P.C. | 

When New Mexico 18 Wheelers Fail to Yield, It Can Result in a Serious Crash

We rely on other vehicles to follow the rules of the road. This includes yielding at yield signs, particularly at busy intersections, highway onramps, and merging lanes. This is because vehicles are cutting across other vehicles’ right-of-ways and in their direct path. This means that collisions can be particularly devastating, especially head-on or t-bone crashes. This is especially true with large commercial trucks such as 18 wheelers, big rigs, and other box trucks. This is why New Mexico 18 wheeler wrecks caused by a failure to yield can be deadly.

At the NM Truck Accident Attorneys, we know that New Mexico 18 wheeler wrecks can lead to serious injury or wrongful death of innocent people. Our Albuquerque trucking accident lawyers have the experience, knowledge, and dedication to fighting for the rights of innocent victims hurt in New Mexico 18 wheeler wrecks. If you or a loved one were seriously injured or wrongfully killed, please call us at (505) 308-1556 for a FREE consultation to learn how we can help you.

Box Truck Wrecks Caused by a Failure to Yield

As reasonably prudent drivers, we know that one must yield to another vehicle that has the right-of-way. Because if we fail to yield, it could be our fault and cause an accident. This simple principle is also the common law (or judge-made law). When a drivers fails to comply with this common law principle, he or she may be wrong to be negligent for any injuries caused by the motor vehicle crash.

This principle is also statutory law (or legislatively-made law). Under New Mexico Stat. section 66-7-330 (C), “[t]he driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.” This means that a driver must slow down at a yield sign to gauge the traffic, and a driver cannot enter the roadway or intersection if there is another vehicle coming which could constitute an immediate hazard.

Thus, if a driver fails to properly yield and causes personal injuries to passengers or another vehicle, that driver may be automatically liable under the doctrine of negligence per se. In cases of a failure to yield that presumption is so strong and helpful to an injured victim because the statute actually creates an automatic, or “prima facie,” presumption. Section 66-7-330 (C) in the last sentence provides “[i]f the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.”

Trucking Company Liability

If a truck driver fails to yield and causes a collision, he or she may be automatically liable under the statutory law and may be proven liable under the common law. But the trucking company will also be liable for the collision under the doctrine of respondent superior. This is where the employer is automatically liable for the negligent acts of the employee caused within the scope of employment.

This allows a victim to also commence an action to recover compensation against the trucking company for the negligent acts of the truck driver.

Victims of New Mexico 18 Wheeler Wrecks Caused by a Failure to Yield Should Call our Law Office Today

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico trucking accident attorneys at the NM Truck Accident Attorneys today by dialing (505) 308-1556 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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