accidents

Albuquerque Left Turn Auto Accident

- Mark Caruso

Understanding how Liability Works in an Albuquerque Left Turn Auto Accident

Our roads are governed by right-of-way rules.  Many times the right-of-way is dictated by a traffic light, stop sign, or yield sign.  Other times the right-of-way is dictated by vehicle and traffic rules that are not displayed on the road, but known by motorists.  This includes vehicles coming from a private driveway which must yield to all vehicles already on the roadway, or that all vehicles must yield to an emergency vehicle with its lights and sirens on.  Another example is that all vehicles turning left must yield to the right-of-way of other vehicles on the roadway which present an immediate hazard.  This is because a left-hand turn is one of the most dangerous maneuvers a motor vehicle can make since one vehicle is crossing over the lane of travel of other vehicles.  When a motorist fails to comply with this right-of-way law, it could result in a catastrophic Albuquerque left turn auto accident.  This may cause extreme personal injuries and wrongful death.

Occupants of a motor vehicle who are injured when a vehicle turns left in front of them are likely to sustain significant injury because it is a head on collision for them.  It is essentially like they are hitting a wall.  This could result in significant pain and suffering, as well as extreme medical bills, lost wages, and other damages.  Individuals who are seriously hurt in an Albuquerque left turn auto accident should call the Albuquerque auto accident lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn what rights to compensation they may have under New Mexico law.  

Liability in an Albuquerque Left Turn Auto Accident

Even though there is no traffic lights, signs, or markings on the road that say “vehicles turning left must yield to all,” this is known to all motorists because New Mexico vehicle and traffic statutes require this.  Specifically, NM Stat. section 66-7-329 provides that vehicles turning left at intersections must yield to the right-of-way of all oncoming vehicles which constitute an “immediate hazard” in a manner that allows oncoming vehicles safe passage.  Additionally, NM Stat. section 66-7-328 provides that all vehicles approaching an intersection must yield to the right of way of all vehicles already in the intersection.

If a motorist fails to comply with this statute by turning left in front of another vehicle, he or she may be found automatically negligent to the injured occupants of the vehicle with the right-of-way.  This is because the doctrine of negligence per se could apply to help an injured person prove liability against a defendant in an Albuquerque left turn auto accident.  This doctrine allows for a finding of negligence when the statute is meant to protect another from harm and a violation of the statute does cause that harm to the person meant to be protected.

Victims of an Albuquerque Left Turn Auto Accident Should Call Our Law Firm

If you have been seriously injured in any type of auto accident in New Mexico, please call our Albuquerque auto accident lawyer to learn how we can help.  We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Christmas Auto Accidents in New Mexico: Albuquerque Auto Accident Lawyer

- Mark Caruso

Albuquerque Auto Accident Lawyer Explains New Mexico Christmas Auto Accidents

The holidays are a special time of year.  Families engage in generation-long holiday traditions, families reconnect, and coworkers can learn more about each other over a holiday meal or drink rather than over a laptop or telephone.  With Christmas Eve today and Christmas tomorrow, many people will be traveling and engaging in these festivities.  But as an Albuquerque auto accident lawyer, we know that this also means that there will be more motor vehicle accidents than most days of the year.  It is true that major holidays, such as Christmas, unfortunately result in many more serious motor vehicle accidents than other days of the year.  In fact, December is a dangerous month for motorist as New Year’s and Christmas rank amongst the most dangerous holidays for auto accidents.  According to statistics, both New Year’s and Christmas have significantly increased days of auto accidents compared to other days in December. 

If you or a loved one have been seriously injured in a Christmas auto accident in New Mexico, please call our experienced Albuquerque auto accident lawyer at the Caruso Law Offices, P.C. by dialing (505) 883-5000.  Learn how we can help represent you and your family in your personal injury action to protect your rights to compensation for pain and suffering, lost wages, lost earnings, medical bills, property damage, and many other types of compensation.

Causes of Christmas Auto Accidents in New Mexico

There are many reasons why Christmas auto accidents can result in serious personal injuries more than other days of the year.  This includes some of the following reasons:

  • Increased traffic on the roadway – With more people traveling for their destinations, especially this year with extremely low gas costs since oil barrels are below $45 a barrel, the roadways will simply be more congested which means more chances for an auto accident;
  • More inexperienced drivers on the roadway – More people will be on the roadway that do not normally drive or have less experience, such as elderly drivers who only go out on the holidays or young drivers returning from college for the first time at the end of their first semester.  Less experience means less ability to safely operate a motor vehicle in certain conditions;
  • Cold weather – This morning on Christmas Eve is is 27 degrees in Albuquerque.  While the temperate will increase, this morning icy conditions could be present in Albuquerque which could result in dangerously slippery conditions.  Coupled with more vehicles on the roadway and more inexperienced drivers, this is a recipe for a serious auto accident.
  • Drunk driving – With so many people reacquainting with family and friends, alcohol is a frequent medium used.  Even though most drivers are good about getting a designated drivers, some motorists will believe they can drive after having a few drinks.  But a motorist could be debilitated after even just one drink.  Unfortunately, these motorists will cause many serious New Mexico auto accidents resulting in personal injuries or wrongful death which should not have occurred.

Injured in a Christmas Eve or Christmas Day Auto Accident in New Mexico?  Ask How We Can Help You

Our law firm wishes your the warmest and safest Holiday season and a Merry Christmas.  Unfortunately, many people may be seriously injured or a family may have a wrongful death due to a holiday travel auto accident.  If this happens to you, call the experienced Albuquerque auto accident lawyers at the Caruso Law Offices, P.C. to help them.  You may call us for a FREE consultation by dialing (505) 883-5000, or you can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Snow and Ice Causing New Mexico Auto Accidents

- Mark Caruso

Snow and Ice Resulting in New Mexico Auto Accidents: What Happens?

While December in New Mexico does not mean piles of snow and ice like in the northeast, it does mean that the weather will drop into potentially freezing weather.  This is particularly true of the next week’s forecast, where the overnight temperatures will drop below freezing and even into the low 20s.  This has the potential to cause a sheen of ice, which could create serious New Mexico auto accidents.  While snow and ice car crashes are rarer in New Mexico, they still occur and they can result in horrific personal injuries.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque auto accident lawyer knows that snow and ice in New Mexico can result in deadly car crashes.  While there are a lot less snow and ice motor vehicle accidents in New Mexico than in other states like New York, liability is similar and victims are entitled to compensation for their injuries.  To learn more how we can help you and your family, please call (505) 883-5000 to schedule a FREE appointment.

Snow and Ice Auto Accident Liability in New Mexico

No matter what the weather conditions are, the general rule is that the operator of a motor vehicle must use reasonable care under the circumstances in the use and operation of his or her motor vehicle.  This means that motorists need to exercise a reasonable degree of care that a reasonably prudent person under like circumstances would.  This standard may sound a little nebulous, and it is quite broad, but it is very important and flexible because it applies to cases on almost a case-by-case basis.  

This standard is what has evolved from judge-made law known as common law, and is reflected of the societal values and beliefs at the time it is made.  This also reflects what a jury comprised of citizens would do.  Thus, when a driver has not exercised reasonable care on a roadway covered by snow and ice which results in a motor vehicle accident, it could be due to negligence.

In addition to the common law, there is legislatively made law which exists in the statutory code.  If a motorist violates a statute which is meant to protect the victim, it could make the violator automatically liable under the doctrine of negligence per se.  This means that the violation of a statute is an automatic finding of negligence.

Specifically with snow and ice on the roadway, NM Stat. section 66-7-301 (B) (1) provides that “[i]n every event, speed shall be so controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway.”  This section has been interpreted to usurp or otherwise control the speed limits posted by law.  Meaning that if the speed limit is 45 mph but the roadway is very slippery due to snow and ice, that motorist must slow down as necessary to avoid a collision.

Victims of a Snow and Ice Motor Vehicle Accident Should Call Our Law Firm

While rare, snow and ice auto accidents can result in serious personal injuries or wrongful death.  Victims should call our Albuquerque auto accident lawyer to learn how we can help.  We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Shoulder Injuries and Shoulder Surgery After Albuquerque Auto Accident

- Mark Caruso

Rights of a Victim of an Albuquerque Auto Accident Who Suffered Shoulder Injuries or Required Shoulder Surgery

Even though your shoulder is not weight bearing, it is considered by most medical providers to be the most complex joint and most important joint.  This is because your shoulder is wrapped in many small ligaments, tendons, and muscles, as well as funneling a large amount of nerves and blood vessels through the same, small space in your shoulder girdle.  Thus, when an Albuquerque auto accident causes serious shoulder injuries or requires a victim to receive shoulder surgery, there could be a long path to recover due to the disability.

Here at the Caruso Law Offices, P.C., we know that shoulder injuries can be very painful and debilitating.  This is magnified when a patient undergoes shoulder surgery, which could takes months of healing and physical therapy before a patient is able to return to work.  It could take years for a patient’s strength to return, and it may not completely return.  This is why our experienced Albuquerque auto accident lawyer can work with you and your family to ensure you receive the compensation you deserve for your pain and suffering, medical bills, medical expenses, lost wages, property damage, future surgeries, and lost earnings from having to take a different job due to the inability to return to the same job because of your shoulder injury.  Call us to schedule a FREE consultation by dialing (505) 883-5000 to learn how we can start protecting your rights today.

Types of Shoulder Injuries From an Albuquerque Auto Accident

Shoulder injuries frequently result in shoulder surgery, which is a very serious procedure because a patient is likely to be in extreme pain for several days following such procedure as the shoulder heals.  Shoulder surgeries could be caused by a wide array of motor vehicle accidents, including collisions head on, rear end, T-bone, side-swipe, or any other combination or angle of contact.

Some of the most common types of shoulder injuries due to Albuquerque auto accidents which may allow a victim to recover compensation include the following:

  • Torn rotator cuff – you have four rotator cuffs which help move, twist, and otherwise rotate your shoulder.  While no one rotator cuff is particularly strong, together they are very strong and able to move your shoulder and support weight through employing and relying on your debt muscles.  If you have even one rotator cuff torn, not only will you have extreme pain but also the inability to lift even insignificant weight.  Rotator cuff tears almost always need surgical intervention, particularly if they are completely torn.
  • SLAP tears – a “Superior Labral tear from the Anterior to Posterior,” or a “SLAP” tear, is when there is damage to the “socket” part of your ball-and-socket shoulder joint at the uppermost area fo the joint.  This requires surgery to repair and can result in years of pain and debilitation.
  • Brachial plexus injuries – this is nerve damage to the large bundle of nerves which extend through your shoulder girdle and down your arm, all the way to your fingertips.  The brachial plexus originates from nerves branching off your cervical (neck) vertebrae and bundling together at the base of your neck before extending through your shoulder.  Injuries here can result in permanent loss of sensation or function of any part of the arm, forearm, hands, or fingers, including a total loss of sensation.  Surgery can be used to help repair damage or connect a recently ruptured nerve, but it is a risky procedure, extremely painful, and not always likely to be successful. 

Shoulder Injuries Caused by an Albuquerque Auto Accident and Resulting in a Shoulder Surgery

If you or a loved one underwent a shoulder surgery due to your shoulder injuries after an Albuquerque auto accident, you have rights to protect under New Mexico Law.  Please call our Albuquerque auto accident lawyer to learn how we can help.  We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

What Damages Can I Get in a New Mexico Trucking Wreck?

- Mark Caruso

I Was Injured in a New Mexico Trucking Wreck, What Damages Can I Recover?

Victims of New Mexico trucking crashes are some of the worst injured, most damaged, and most financially punished for the negligence by another person than any other type of motor vehicle crash.  All trucking wrecks, even low-speed or grazed collisions, will cause significant personal injuries to a victim.  These are large commercial vehicles which significant weight and speed to them, especially on an interstate like I-40, I-25, or I-10, which can easily crush, bend, and twist steel vehicles.  The damage they can do to the soft human body is absolutely devastating.

Here are the Caruso Law Offices, P.C., our experienced Albuquerque 18 wheeler wreck attorneys know how catastrophic the injuries to victims in these crashes can be.  We have the knowledge and experience in acquiring compensation for these victims in all types of truck crashes, including 18 wheelers, tankers, double trailers, semis, and other big rigs.  We have ligated cases against some of the largest trucking companies in the United States, including J.B. Hunt, FedEx, and Schneider.  If you or a loved one have been seriously injured or killed in a New Mexico trucking wreck, call us today for a FREE consultation to learn what damages you may be entitled to by dialing (505) 883-5000.

Damages in New Mexico Trucking Crashes: What You Should Know 

A victim of a New Mexico trucking crash will be entitled to damages if the victim can prove that the truck driver and/or truck company breached its duty of care which proximately caused damages to the victim.  All motorists have a duty to use reasonable care under the circumstances in the use and operation of his or her motor vehicle.  When a truck driver fails to do that, it will result in the breach of the duty.

Thus, a victim in a trucking crash will be able to recover compensation for this breach for all damages.  The most common types of damages that a victim may be entitled to include the following:

Pain and Suffering: The actual feelings of pain, suffering, and agony are known as non-economic damages.  A victim can be compensated for an accident which causes him or her pain and suffering.  This is awarded by a jury in a trial, or by a judge in a bench trial.  The pain and suffering will be past pain and suffering from all injuries from the date of the accident to the award.  Future pain and suffering may also be awarded for all pain and suffering from the date of the award until the person’s estimate life expectancy.  This is the most common type of damage that people think of for personal injury lawsuits.

Lost Wages – A victim of a trucking crash will likely be so injured that he or she will not be able to return to work for days, weeks, months, or even years.  Because the victim cannot go to work, he or she will have lost wages from not working.  These lost days from work can be compensated in court by the amount the victim would have earned.

Lost Earnings – When a victim is so injured that he or she cannot return to the same job and must take a different job that pays less, the victim will have lost earnings.  The lost earnings is the difference between the income levels.  For example, a victim of a trucking crash who sustains a broken back may not be able to return to work as a construction worker.  The victim may than have to take a desk job that he or she is not qualified for because the victim was trained as a laborer, thus the victim may not be paid as well.  This difference is what can be compensated.

Medical Bills – A victim of any motor vehicle crash may also be entitled to medical bills from his or her accident.  These medical bills can be rather significant, particularly if there are multiple surgeries or procedures which must be performed.

Loss of Services/Consortium – The victim and his or her spouse or dependents (children, elderly parents), may also recover what is known as loss of services.  That is, since the victim is unable to function in the household to the same level he or she could before the accident, the other people in the victim’s life will be able to recover compensation for the victim’s inability to help.  This can be something simple as household chores like cutting the lawn which can no longer be done and a landscaper must be hired, or something more complex like loss of love and affection.

Property Damage – Victims of trucking crashes will likely have their motor vehicle totaled or damaged significantly to a point where it will create a financial burden on the family and victim.  The negligence defendant can also be required to compensation the victim for the property damage to the victim’s vehicle or possessions.

Damages in New Mexico Trucking Crashes Can be Significant: Call the Caruso Law Offices, P.C. For Your Legal Needs

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.

Lost Limbs Due to Albuquerque Trucking Crashes

- Mark Caruso

Albuquerque, New Mexico Trucking Crashes Resulting in Amputations and Lost Limbs are Very Serious Cases

According to the Large Truck and Bus Crash Facts annual report from the Federal Motor Carrier Safety Administration (FMCSA), there were over 4,000 fatal large truck crashes which is an 8% increase from the last year.  There were also approximately 87,000 truck crashes resulting in serious injuries.  It is obvious that, when 18 wheelers, big rigs, double trailers, semis, and other large trucks collide with other vehicles there is the potential for very serious injury.  One of the most debilitating and painful injury is when catastrophic damage to a limb requires amputation of the victim’s arm, leg, hand, or foot.

Lost limbs are unfortunately a common injury in New Mexico trucking crashes, especially along the major interstates such as I-40, I-10, and I-25 which go through major trucking hubs like Las Cruces and Albuquerque.  Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking crash lawyers know how to help victims and families recover the money they need to compensate them for pain and suffering, lost wages, medical bills, future medical bills and procedures, and other costs.  To learn more how we can help you and your family, call us for a FREE consultation by dialing (505) 883-5000.

Types of Trucking Crashes Causing Amputations and Lost Limbs

Losing a limb is a traumatic event.  Especially when it is caused by the negligence of another person.  Trucking crashes are very likely to result in such injuries due to the negligence of a truck driver.  This is particularly because of the sheer size, weight, and speed of these large commercial trucks which make even minor bumper taps potentially fatal.  This means large trucks can crush and damage smaller passenger vehicles at even low speeds.  This makes people very susceptible to injuries, particularly to their limbs.

Some common types of trucking crashes resulting in amputations and lost limbs include the following:

  • Rear end collisions;
  • T-bone crashes;
  • High speed accidents;
  • Side-swipe collisions;
  • Crashes from improper lane changes;
  • Jackknife or truck rollovers;
  • Head on collisions; and
  • Many other crashes.

Reasons Lost Limb Trucking Crashes Are So Significant

In personal injury accidents, usually the largest factor determining the compensation is the pain and suffering.  The next largest factor is usually lost wages.  Generally after that medical bills or medical costs would come next.  In any trucking accident cases, especially in lost limb cases, all three of these figures can be incredibly high.

It goes without saying that the pain and suffering for a lost limb can be horrific.  Usually in trucking crashes which result in an amputation the limb is crushed, shredded, and torn to pieces before it is amputated.  Many times limbs can even be trapped in the twisted steel of a trucking wreck.  It is very obvious that the pain is excruciating.

The lost wages will also be staggering.  The amount of time off from work following an amputation will be significant and horrifying.  It may take months if not years to be ready to participate again in the work force after an amputation—especially a very serious amputation like an arm or a leg.  Many people who lose a limb are not able to go back to their pre-accident job.  Losing an arm is very debilitating to almost any office job, while losing a leg can be career-ending for any type of laborer.

Finally, the medical costs will be staggering.  This is obvious in that the costs of any treatment after a trucking crash will be significant.  The additional procedures, surgeries, and treatment in performing the amputation and aftercare is also significant.  The risk of infection is also large, and antibiotic regimens are needed to prevent serious and fatal infections or sepsis.

Lost Limbs Due to Albuquerque Trucking Crashes are Very Serious

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.

Albuquerque Truck Crashes Caused by Driver Inexperience: Who is to Blame?

- Mark Caruso

Albuquerque, New Mexico Truck Crashes Caused by Driver Inexperience Results in Liability for Driver AND the Trucking Company

It goes without saying that large commercial trucks are very different than other motor vehicles on the road.  They are much more difficult to drive and require special training, skill, and even a special CDL license.  This license requires not just a paper test, but also ride-along hours before a physical road test.  Most trucking companies, particularly the largest companies like US Parcel, Schneider, FedEx, and other companies also require new drivers to do certain training and safety courses.  They sometimes even have to pass company-specific training courses or tests.

However, sometimes these are not enough to keep dangerous drivers off the road.  And the most dangerous truck drivers in New Mexico are the ones with the least amount of experience.  Here at the Caruso Law Offices, P.C., we know that.  We have handled many cases where the truck driver was undertrained and never should have been on the road.  Yet trucking companies still allow these dangerous drivers to be on the road and cause serious injuries to other drivers.  If you or a loved one have been injured in a truck crash in Albuquerque or anywhere in New Mexico, call us for a FREE consultation by dialing (505) 883-5000.

Trucking Companies are Liable for Inexperienced Truck Drivers

Before a trucking company loads up a truck driver with large, heavy cargo and throws him or her onto the interstate such as I-40, I-10, or I-25, the truck driver must be well-trained.  Large commercial trucks like semis, big rigs, tandem trailers, tankers, flatbeds, and other large vehicles are incredibly dangerous.  Trucking companies need to ensure that their truck drivers are able to handle the huge responsibility of safely delivering cargo throughout the United States.

And when trucking companies do not, it can result in liability for the trucking company.  This is because trucking companies are vicariously liable for the acts of their truck drivers such as trucking crashes.  This is under an ancient legal doctrine which still survives today, known as a master-servant relationship called respondeat superior.  This doctrine means that a master or employer will be liable for the acts or omissions of a servant or employee.

Therefore, when a truck driver is negligent in causing a trucking accident in Albuquerque, it will result in liability for the trucking company.  This is an important tool for personal injury victims to use to win their case.

Truck Drivers Who Cause Albuquerque Truck Crashes Will Make Their Trucking Companies Liable

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.