Deaths Caused by New Mexico Interstate Trucking Accidents: Proving Your Case


March 2, 2017

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accidents Occurring on Interstates Can Result in Wrongful Deaths and Serious Injuries

Motor vehicle cases may sound easy to prove and establish.  That is because sometimes they are.  One driver makes a last second left turn.  One fails to stop at a stop sign.  Another fails to yield.  These are common causes of motor vehicle accidents and easy enough to prove.  Proving these cases can get victims the compensation they deserve for their injuries.

But interstate trucking accident cases are different.  Very different.  That is because there can be many different factors which may cause the accident.  Many times the same type of causes of motor vehicle accidents described above are not relevant to interstate trucking accidents.  Interstates do not have stop signs or yield signs, and there is no threat of a left turn.  Interstate trucking accidents are generally caused by the human element—what action the other driver took.  This means that you cannot point to the basic traffic rules to win your case.  This makes interstate accidents much more difficult.

And interstate trucking accidents cases are even more difficult, especially when there is a wrongful death.  Unfortunately, most New Mexico interstate trucking accidents result in the wrongful death of a victim because of the shear size of the large commercial truck and the speed at which it is traveling.  This generates a lot of destructive force which can cause catastrophic and life-threatening injuries to a victim.

Beginning to Prove Your Case

After any interstate trucking accident, the first place to start is witness statements and documentary evidence.  Witnesses can help provide information to counsel on where to look, what potential causes were, and who may be at fault.  Witness statements can also help prove your case by simply providing statements.  But sometimes witnesses are not available, particularly if there is a wrongful death.

In that case, the documentary evidence is crucial.  This includes police reports and police accident reconstructions.  These pieces of evidence are easy to obtain, even if a FOIL request is necessary.  Many times the victim or the victim’s family will already have the documents.

Medical records are also very important.  While it is rare that the medical records help prove the liability part of your case, unless there are statements to victims that are germane to treatment (i.e., the truck rear-ended me and caused whiplash), any statements by victims as to liability will be precluded by the court anyway.  The reason why medical records are so important are that they establish damages, pain and suffering, medical bills, and other related expenses which can be recovered in a New Mexico trucking accident case occurring on an interstate.

Gathering Records and Evidence from the Truck and Trucking Company

An experienced New Mexico interstate trucking accident attorney will know where to look to find evidence of negligence in the truck.  Each truck has an onboard computer which can be used to determine the speed, movement, position, whether the driver was braking or accelerating, and other important information.  This can be used to prove the conduct of the defendant truck driver.  This can also be used to determine whether the truck driver has had the proper amount of rest and sleep per the hours of service regulations.

Truck drivers are also required to keep a logbook.  This logbook can further be used to determine if the truck driver has had the proper amount of rest per the hours of service regulations.  Maintenance books can also be used to determine whether there were any issues with the trucks such as the wheel, brakes, or other safety devices.

Proving Your Case Requires Experienced New Mexico Interstate Trucking Accident Attorneys

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Mark Caruso today by dialing (505) 407-0458 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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