A fatal collision occurred last Wednesday when a 2006 Chrysler was hit by a FedEx semi-truck at an intersection near Greensburg, Kansas. Both the driver and passenger in the Chrysler were killed by the collision, and the driver of the tractor-trailer was treated at a local hospital and released.
The Accident
In the early morning hours of April 30, 2014, a FedEx semi-truck was headed westbound on U.S. 54 en route to Arizona through New Mexico. According to an article on hutchnews.com, the Chrysler was traveling northbound on U.S. 183, when the driver of the car failed to yield the right of way after a stop sign at the intersection with U.S. 54. As a result, the semi-truck hit the car on the passenger side, and both vehicles ended up in a ditch. The driver and passenger of the car were killed at the scene. The Kansas Highway Patrol is conducting an investigation into exactly how the accident occurred.
Accidents Are Not Always as Simple as They Appear
The article states that the accident was caused when the driver of the car failed to yield the right of way to the semi-truck but also noted that an investigation was being performed by authorities. In this accident, the conditions were dark, and there were no eyewitnesses (other than the truck driver and the two deceased passengers), and it cannot be known exactly who is responsible for the accident until even more investigation is done.
Police Accident Reports’ Effect on Civil Liability in an Auto Accident
When a New Mexico semi-truck accident occurs, police are required to make a report on the cause and to assign fault to one or more of the drivers. The Kansas Highway Patrol is performing a similar investigation into last week’s accident. The authorities will evaluate the scene, interview witnesses, and eventually release a report that describes the cause of the accident, and who may face criminal liability. When a New Mexico accident lawsuit is filed, the police reports will play a large role in the legal strategy that will be used. It is important to know, however, that the standards for criminal and civil liability are different, and the conclusion reached in a police report may not determine civil liability in an accident.
Sometimes, More Investigation Is Needed
In an accident where somebody is seriously injured or killed, the expense and loss to the victim and their loved ones can be extreme. If someone is hurt or killed in an accident that has been determined to be their own fault, it can be difficult for them or their family to cover expenses and compensate for the loss. Accident victims often assume that the police determination is final and decide they don’t deserve to be compensated for an accident. In truth, additional investigation by a New Mexico personal injury attorney can sometimes reveal facts that were overlooked in the police investigation. If someone is injured or killed in an accident, legal counsel should always be consulted. Even when fault is clearly determined, damages are often covered by an insurance company, which may try and deny or reduce coverage if their clients aren’t properly represented.
Have you been in a Semi-Truck Accident?
If you or a loved one has been injured or killed in an accident, a skilled attorney should be contacted as soon as possible. The dedicated New Mexico semi-truck accident attorneys at the Fine Law Firm are experienced in trying all kinds of personal injury cases. Accidents are not always as simple as they can appear, and we have what it takes to help our clients get what they deserve. The Fine Law Firm represents clients in all types of personal injury cases, including auto accidents. Call us today at (505) 889-3463 to schedule a no obligation consultation, or contact us online.
More Blog Posts:
Semi-Truck Crash near Albuquerque Ruptures Tanker, Closes Interstate 40, New Mexico Truck Accident Lawyer Blog, April 4, 2014.
Utah Woman Hit By Semi Truck As She Crosses the Street, New Mexico Truck Accident Lawyer Blog, March 4, 2014.