I Hit a Truck on the Side of the Road and Was Injured: Can I Sue the Truck Driver for this New Mexico Trucking Accident?


April 18, 2017

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accidents Involving Parked or Disabled Trucks on the Side of the Road: Who is Liable and Can you Sue Them?

We know that, generally, when you hit a parked car you are most likely going to be liable.  This even includes of the car is double parked or at a blindspot because, after all, you are the one operating your vehicle.  In general, this is a good rule and puts the burden on motorists to avoid hitting parked vehicles.  It just makes some sense, even though it can be frustrating when that parked vehicle is in such a bad spot that it almost causes the accident.

While this is the general rule, it is not always the applicable rule.  And one situation when it is different is a large commercial truck such as a big rib, tandem trailer, tanker, flatbed, 18 wheeler, or other large truck.  This is because a truck parked on the side of the road is a very dangerous hazard and much larger than any other vehicle that could be parked.  On highways and interstates these large, parked trucks can actually be a very serious trap for motorists and result in devastating injuries from a New Mexico trucking accident.

Here at the Mark Caruso, our experienced New Mexico trucking accident attorneys know that these types of trucking accidents can be frustrating for other motorists because a parked truck can be almost like a landmine on the side of the highway.  The law requires trucks to take certain precautions to minimize the potential damage they can cause, and when they do not, they may be liable for injuring victims.  If you or a loved one have been seriously injured or killed in a New Mexico trucking accident caused by a disabled or parked truck, call us today by dialing (505) 407-0458 to learn how we can protect your rights.  The telephone call and initial consultation is FREE, and you will only pay us if we win your case, so call today!

Federal Regulations Require Large Commercial Trucks on the Side of the Road to Alert Other Drivers of Their Presence

You may be thinking, who hits a parked car?  How can it happen?  And who would actually sue?

Unfortunately, it is all too common that vehicles on fact-moving roadways like I-40, I-25, and I-10 can strike large commercial trucks on the roadway.  Sometimes these trucks breakdown right in the center lane of traffic moving 75 MPH or more.  Other times they choose spots on the shoulder but stick out too far impeding on the neighboring lane.  These are dangerous spots.

This is why federal regulations impose special rules on commercial trucks. For instance, a stopped commercial truck on the roadway must immediately turn on their emergency flashers to alert all other vehicles.  Additionally, stopped commercial trucks must also place warning devices such as cones on the roadway behind the truck and even in front of the truck to warn oncoming traffic.

If a driver does not see the large commercial truck and crashes into it on the side of the roadway because the truck did not set out warning devices or use its flashers, the victim can recover compensation for the truck’s violation of the federal regulations.  This is known as the doctrine of negligence per se, and is evidence of negligence based on the violation.  This is important because you can really help prove your case just on the rule violation.

Trucks Must Use Emergency Flashers and Warning Devices to Avoid New Mexico Trucking 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 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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Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

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