I Was Injured When a Truck Driver Cut Me Off: Albuquerque Trucking Accident Attorney Explains Liability


January 10, 2018

 by Caruso Law Offices, P.C. | 

When a Trucking Crash is Caused by a Truck Driver Cutting Off Another Vehicle, the Trucking Company and Truck Driver May be Liable

Driving classes teach defensive driving and courteous driving. While this may have been years or decades for most of us in driver’s ed school, truck drivers more recently went through their CDL license and classes which stress the importance of defensive driving and courteous driving. This is because large commercial trucks like 18 wheelers, semi tractor trailers, tankers, double trailers, and other large box trucks can cause serious and significant injuries in a collision. When truck drivers are operating these large behemoths in an aggressive manner, it is more likely to result in a serious trucking wreck.

Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident attorneys know how dangerous it is when large box trucks cut off other vehicles on the roadway. These trucks are moving walls and wrecking balls. When they are thrown in the wrong spot at the wrong time, they will cause devastating damage. Victims of trucking crashes who have been seriously injured or wrongfully killed in an Albuquerque trucking accident should call us for a FREE consultation to learn their rights by dialing (505) 308-1556.

Truck Driver Cut Me Off: Who is Liable When a Truck Cuts a Driver Off and Causes a Trucking Crash?

The simplest way to assess a motor vehicle accident when another vehicle cuts off another vehicle is who had the lane first. Generally, any vehicle coming into another vehicle’s lane before an accident occurs will be the liable and at fault. This principle is a simple one we learn early in even pre-school-who had it first?

But some people do not learn this lesson. And some trucking companies do not care. The longer it takes them to merge or change lanes, the less money they are earning. This is because time is money for trucking companies. The faster a truck driver can delivery cargo, the more cargo the truck driver can deliver in a certain timeframe, and the more money the trucking company can earn. This system that trucking companies have set up actually favors aggressive driving which could cause more trucking accidents.

However, New Mexico’s statutory law protects motorists from certain conduct which may be determined to be dangerous or likely to cause personal injury. When a defendant violates one of these statutes and causes personal injuries, the defendant may be found to be automatically negligent.

A truck driver who cuts off another vehicle and causes a trucking crash is violating New Mexico’s laws against improper lane changes. This is governed by NM Stat. 66-7-317 (A), which provides that “[w]henever any roadway has been divided into two or more clearly marked lanes for traffic . . . a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.” Therefore, when a truck driver cuts another driver off who ends up rear-ending the truck or sideswiping the truck, the truck driver and trucking company will be liable for the accident.

Victims of Albuquerque Trucking Crashes Who Were Cut Off Should Call the NM Truck Accident Attorneys

The trucking industry has created a standard of conduct which encourages driving fast and aggressive to make deliveries as fast as possible. This translates to cutting off other vehicles or making improper lane changes to get to the destination faster. But this conduct is dangerous and contrary to how driving is taught.

Here at the NM Truck Accident Attorneys, our lawyers focus on trucking defect accidents and our staff is trained to work on complex medical and trucking cases. We have the experience and knowledge necessary to prove liability and demonstrate your damages to a court in order to obtain the compensation you deserve for your injuries. Call us today to schedule a FREE consultation by dialing today (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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