New Mexico Interstate Trucking Accident Lawyers in Albuquerque
Causes and Liability of a New Mexico Interstate Trucking Accident
The more speed a large commercial truck has the more momentum if builds. This momentum is what creates a powerful force in an 18 wheeler wreck. This is why a New Mexico interstate trucking accident is one of the most powerful and dangerous types of big rig crashes. I-40, I-25, and I-10 are incredibly dangerous roadways because of all of the trucks which uses these roads to haul cargo across the United States at such high speeds. This is particularly true in Albuquerque, New Mexico, at the interstate exchange where truckers can switch directions from north and south to east and west. Our New Mexico interstate trucking accident lawyers in Albuquerque, NM know just how dangerous these types of trucking wrecks are for innocent people who could be involved in catastrophic collisions.
These catastrophic collisions are likely to result in catastrophic personal injuries such as traumatic brain injuries (TBIs), spinal cord injuries (SCIs), amputations, and wrongful death. In fact, interstate trucking accidents almost guarantee that victims will be seriously hurt given the powerful impact. If you or a loved one were seriously injured or if a loved one was wrongfully killed, please ask our experienced New Mexico interstate trucking accident lawyers in Albuquerque, NM how we can help protect your rights to compensation for pain and suffering, lost wages, and medical bills.
Causes of New Mexico Interstate Trucking Accidents
There are many possible causes of an interstate trucking accident. While some of these types of accidents are unpreventable given unfortunate circumstances, many of the causes of interstate trucking accidents could be caused by negligent, reckless, and careless conduct. All too often a truck driver or trucking company take for granted the rules of the roadway all to just make money at a faster rate.
Some of the most common causes of an interstate trucking accident include the following:
- Distracted driving;
- Drunk driving;
- Hours of service violations (HOS)
- Federal Motor Carrier Safety Administration (FMCSA) violations;
- Inclement weather;
- Drugged driving, including drugs to stay awake;
- Aggressive driving;
- Crossing the centerline;
- Texting while driving;
- Cell phone use while driving to make calls;
- Use of handheld trucker radio;
- Using GPS or looking at map for guidance or delivery instructions;
- Improper lane change;
- Failure to yield;
- Failure to stop; and
- Many other common causes.
Liability in New Mexico Interstate Trucking Accidents
Liability is a determination of who was at fault for the semi tractor trailer crash. There are many ways that liability for a New Mexico interstate trucking accident could be established.
Common Law: First, liability could be established through common law negligence. This is judge-made law that has evolved over the years. To prove liability under common law negligence, a victim must establish that a trucker or trucking company failed to exercise reasonable care under the circumstances in the use or operation of their motor vehicle. If a victim can prove this, it is possible that liability could be established. Most New Mexico interstate trucking accident lawyers in Albuquerque will know how to use common law negligence standards to protect victim rights.
Statute Law: Second, a personal injury victim could establish that a violation of a statute meant to protect the victim from harm was the cause of the 18 wheeler wreck. This is known as the doctrine of negligence per se. A statute is a legislatively-made body of law which is enacted for certain functions. Many vehicle and traffic laws are meant to be rules of the road to facilitate officiant roadway use and traffic, but also to prevent injuries from auto accidents. If a truck driver violates a statute and that statute is meant to prevent auto accidents and injuries from auto accidents, a victim who was hurt in the big rig crash could automatically prove liability against a truck driver under the doctrine of negligence per se.
Regulatory Rules: Third, like a violation of statute under negligence per se, a personal injury victim could use the violation of a regulation to prove liability in a New Mexico interstate trucking accident. Regulations are promulgated by an agency and are rules that are not in the same force as a statutory law. Regulatory rules for trucks and commercial vehicles are made by the FMCSA. If a regulation the violation of a regulation causes personal injuries to a victim, that could be evidence of negligence against a truck driver but not automatically negligence. This is important because interstate trucking accidents in Albuquerque could be made easier with the help of FMCSA regulations.
Victims of a New Mexico Interstate Trucking Accident Should Ask Our Albuquerque Trucking Accident Lawyers for Help
Interstate trucking accidents are powerful and dangerous. Many times a high-speed collision will result in fatal wounds. If you or a loved one are seriously injured due to a negligent truck driver on I-40, I-25, I-10, or any other roadway in New Mexico, or if a loved one is wrongfully killed, ask our Albuquerque trucking accident lawyers to help you. Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.