Since large trucks are driven commercially, accidents tend to be more complex than those that exclusively involve smaller passenger vehicles. Several parties can be involved and, depending on the underlying cause of a truck accident, liable for resulting financial costs and suffering.
Under New Mexico law, any party that directly or indirectly contributes to an accident with a large truck can be liable, or financially responsible, if that accident results in property damage, injury, or wrongful death.
Typically, liability attaches when someone’s negligent or wrongful actions cause a trucking accident in whole or in part. There are, however, times when a party might be strictly liable for a truck accident, too.
Here’s a breakdown of parties that are often liable for truck accidents in New Mexico, and make sure to reach out to an experienced truck accident attorney in Albuquerque for help navigating the legal process.
Truck Drivers
Driving a truck isn’t like driving a sedan or an SUV. It’s much more difficult. So, New Mexico trucking laws and regulations established by the Federal Motor Carrier Safety Administration (FMCSA) have strict minimum requirements for truck drivers.
Truck drivers must demonstrate skill behind the wheel of a big rig and have exceptional knowledge of traditional traffic laws and trucking operations before they can be granted a Commercial Driver’s License (CDL). Once their license and endorsements are in hand, drivers must undergo regular health screenings and submit to random drug tests to ensure that they’re continually fit to operate such powerful machinery.
The goal is simple: to have safe, knowledgeable drivers at the wheel so that the risk of truck accidents is as low as possible. Unfortunately, truck drivers are human and make mistakes and ignore critical safety regulations.
Common errors include:
- Speeding or driving too fast for road/weather conditions
- Distracted driving
- Drunk driving
- Drugged driving, including while under the influence of prescription medications
- Braking errors
- Failing to check blind spots before changing lanes or turning
- Failing to load and/or secure cargo properly
- Fatigued driving due to FMCSA hours of service violations
- Failing to identify potential problems with a truck by foregoing pre- and post-trip inspections
- Following other vehicles too closely
These lapses in judgment often contribute to truck accidents in Albuquerque and across the state of New Mexico. When a truck driver’s negligence contributes to a traffic accident, they can be personally liable for resulting harm, including a victim’s medical expenses, lost wages, and pain and suffering.
Trucking Services
There are usually two ways that a trucking company can be liable for a truck accident in New Mexico: company negligence or vicarious liability for a driver’s negligence.
Trucking companies are legally required to comply with state and federal trucking regulations, which impact everything from how cargo must be secured and transported to how often vehicles have to be inspected.
However, trucking companies are for-profit entities, and they’ll often prioritize profits over road safety. Companies have been known to cut corners to save money, and that can set the stage for serious 18-wheeler accidents.
A trucking company might be liable for an accident if it:
- Fails to comply with mandatory inspection requirements
- Hire unqualified or underqualified truck drivers
- Coerces or incentivizes truck drivers to break the law to complete their routes faster than is safe
- Refuses to pull an unsafe or defective vehicle from service
There are times when the trucking company will exercise due caution, but could still be on the hook if one of its rigs is in an accident. When a driver is an employee of a trucking service, the service can automatically share responsibility for that driver’s mistakes. It’s important to emphasize that vicarious liability only applies when a driver is an employee, not when they’re an independent contractor.
Third-Party Motorists
While negligent truck drivers or profit-driven trucking companies cause many of New Mexico’s truck accidents, other parties may also play a role in causing a collision.
Third-party motorists - including drivers of passenger cars, bus drivers, and motorcyclists - can be liable when they:
- Weave in between large trucks in traffic
- Fail to leave enough space between their vehicle and a large truck when changing lanes
- Try to pass a semi-truck on the right when the driver is attempting to turn
- Speed, tailgate, text and drive, and engage in other dangerous behavior at the wheel
In fact, your own negligence can render you liable for a truck accident and limit your ability to get compensation from anyone else who might have contributed to the crash. In New Mexico, you’re liable to the degree you share blame, while damages are reduced proportionately to fault.
Truck Manufacturer
Trucks are made up of thousands of different components. If a component, such as the tires or brakes, is defective, the company that designed it, manufactured it, or sold it can be strictly liable in the event of a truck accident.
Freight Broker
The trucking industry relies heavily on freight brokers to connect manufacturers with trucking services to transport goods across the nation. Freight brokers play an increasingly important role in safe trucking operations. It’s imperative that they use good judgment when choosing a trucking service to move consumer goods, hazardous materials, or other products from one place to another.
If a cargo broker is negligent, perhaps by choosing a trucking company with a history of flagrant safety violations or a tendency to hire unqualified drivers, it can be held liable if an accident occurs.
You don’t have to stress out about who’s liable or how to get the money you deserve if you’ve recently been injured in a truck accident in New Mexico. Call Singleton Schreiber, and count on our award-winning New Mexico truck accident attorneys in Albuquerque to help you demand justice. As top-rated local litigators backed by a firm with national resources, we’ve helped our clients win billions from the trucking industry, insurance companies, manufacturers, and other powerful adversaries.
Now, we can fight for your best interests after a truck accident, too. Contact our personal injury lawyers in Albuquerque to get started with a free consultation today.
