Wrongful Death in New Mexico Trucking Accidents


September 7, 2019

 by Caruso Law Offices, P.C. | 

It is said that the ultimate personal injury is a wrongful death.  While there are some other types of personal injuries which might create more pain and suffering, disability, and agony, a wrongful death caused by a New Mexico trucking accident is irreversible.  The impact is devastating to a family who loses a loved one, and the hardship on the victim’s family, friends, and dependents is destructive.  If you lost a loved one in any New Mexico auto accident or trucking accident, even if you do not live in New Mexico, learn why our Albuquerque wrongful death lawyers can help at the Mark Caruso available here.

What is a Wrongful Death Case?

wrongful death case is when the actions of one person or business result in the untimely death of another person.  The victim’s death does not need to be instant, but it has to be caused by the actions of the negligent party.  A wrongful death could be caused by many different actions, which include both negligent acts or negligent omissions.

Examples of some negligent acts which could cause a wrongful death include the following:

  • Improper left turns;
  • Speeding;
  • Unsafe lane changes;
  • Failure to yield;
  • Improperly repairing the vehicle;
  • Running a red light or stop sign;
  • Unsafe backing up; and
  • Many other causes.

There are also negligent omissions, meaning times a person or business should have acted but didn’t, which include the following:

  • Failing to train drivers;
  • Failing to change the brakes, 
  • Not testing the steering column, lights, indicators, or other devices;
  • Failing to use hazard lights and warning signs when a truck is disabled on the side of the road;
  • Not using lights at night, in rain, or in storms; and
  • Many other omissions.

Who Can File a Wrongful Death Action

If a loved one is wrongfully killed due to the actions of a negligent truck driver or trucking company, you and your families have rights under New Mexico law even if you do not live in New Mexico.  This is because any motorists or passenger who is in New Mexico and suffers injuries, including fatal injuries, is protected by New Mexico law and indeed must follow New Mexico law.  This means that victims and their families must retain an experienced New Mexico wrongful death lawyer.

Under New Mexico law, a personal representative commences a wrongful death action.  This person is usually a surviving spouse, parent, or adult child of the victim.  Other dependents may petition the court to have standing (or the ability) to commence the action.  Individuals such as siblings, grandparents, aunt/uncles, or other dependents and individuals who have some connection to the victim may be able to get permission to commence a wrongful death case from a court.

Lost a Loved One in a New Mexico Trucking Accident?  We Can Help You

If you lost a loved one in a New Mexico 18 wheeler wreck, you and your family may be entitled to compensation for your injuries or for the wrongful death of a loved one.  Please call the Mark Caruso by dialing (505) 308-1556 to schedule a FREE consultation with one of our experienced New Mexico trucking accident lawyers.  

We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. 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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