Who is Liable for New Mexico Motor Vehicle Accidents Caused by Debris in the Roadway?

Posted 

March 23, 2017

 by Caruso Law Offices, P.C. | 

When Roadway Debris Causes New Mexico Motor Vehicle Accidents, Victims Can Still Get Compensated for their Injuries

Not all motor vehicle accidents are solely caused by the negligence of another driver.  Sometimes motor vehicle accidents are caused or contributed to by other factors such as dust storms, rain, snow, or glaring sun.  These are factors that are not the main cause, but can result in difficult driving conditions which contribute to an accident.

Roadway debris is another type of hazard which can result in New Mexico trucking accidents.  Anything around or on the roadway can be a potentially dangerous and even deadly hazard, particularly on the interstate.  Indeed, roadway debris on interstates can result in very serious injuries or death.  Every year some of the largest trucking companies in the United States, including FedEx, Estes, and J.B. Hunt, are involved in trucking accidents caused by roadway debris.

Dangers of Roadway Debris: How They Can Injure or Kill

Roadway debris can cause deadly New Mexico trucking accidents in many different ways.  The most obvious would be for the roadway debris to actually cause the injury.  This could result from striking the roadway debris directly and it causing an injury.  This could also mean the roadway debris was run over by another vehicle and launched into the victim’s vehicle.  Either way, the roadway debris was the mechanism for the injury.

Another way roadway debris could cause an accident is where another vehicle swerves to avoid it which results in a serious accident.  If a large commercial truck attempt to avoid roadway debris on the interstate, this could result in de-stabilizing the truck causing it to roll over, flip, jackknife, or slide into another lane and another vehicle.  On an interstate, this can result in serious personal injuries or the death of a victim.

Liability from Roadway Debris: Who is at Fault?  Who Should Compensate Me?

When a victim is injured in a New Mexico motor vehicle accident caused by roadway debris, there could be many questions as to who is potentially liable for the victim’s injuries.  The most obvious would be whoever hit or struck the victim.  This could be a vehicle avoiding the debris and striking the victim’s vehicle.  This is usually a party that may be liable, unless it is found that the emergency doctrine applies.  However, drivers are required to see what there is to be seen on the roadways and debris is certainly one of the hazards that must be observed and avoided.

Another liable party is whoever put the debris in the roadway.  That seems obvious when the roadway debris is something such as a construction cone or cargo from a large commercial truck.  In those instances, the construction company (or the State) and the trucking company who owns the cargo would be liable.  But in other instances the roadway debris could be pieces of trees or plants, large rocks, or miscellaneous garage on the side of a roadway.  In that instance, the municipality, county, or even the State may be liable for the roadway debris.

When in doubt, the best practice is always to commence an action against all possible parties.  During the discovery process the court and the parties will sort through the evidence and decide whether a party is liable or is not liable.

Injuries Caused by Roadway Debris Can be Compensated

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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