When an individual is injured due to the negligence of another party, they may be entitled to monetary compensation from the at-fault party. However, before the injured party is entitled to receive compensation for their injuries, they must establish the elements of the claim they are asserting. Generally, a personal injury plaintiff must establish that the defendant was negligent in causing an accident and that the defendant’s negligence was either the actual or proximate cause of the plaintiff’s injuries. Importantly, the type of harm the plaintiff sustained in these cases must have been foreseeable.
The legal concept of foreseeability questions what the culpable party could have reasonably foreseen as the consequences that could result from their actions at the time of the alleged negligence. Thus, an individual whose actions result in the injury of another person is not legally liable to the injured party if the injury does not reasonably or foreseeably flow from the allegedly negligent act.
It is important that anyone considering bringing a personal injury lawsuit seek proper legal representation. Defendants in these cases may claim that their actions are too attenuated to give rise to liability on their part. An attorney can assist accident victims in establishing the necessary elements of all personal injury cases. In most truck accident cases, anyone injured due to a truck driver’s negligence will be considered a foreseeable victim. However, in some chain-reaction accidents, a court may find that the negligent act was too attenuated to have foreseeably resulted in the subsequent injuries.
Utility Company Worker Killed after Dump Truck Tips Over
Earlier this month, an AT&T worker was tragically killed while he was working on a site near Travis County, Texas. According to a local news report, a dump truck was unloading material onto the road when it tipped over. Evidently, as the back of the vehicle was extending to dump a load, the truck lost balance. As the truck tipped over onto its side, it fell onto the worker. The worker was killed upon impact. Also, the dump truck driver was taken to a local hospital. However, unlike the worker, he suffered non-life-threatening injuries.
While this tragic accident is still under investigation, it does not appear that a personal injury case has been filed. It is likely that the deceased worker would be considered a foreseeable victim of whatever negligence caused the truck to tip over. In this case, depending on the results of the investigation, it may be that several parties were responsible for the accident.
Have You or a Loved One Been Injured as a Result of a New Mexico Truck Accident?
Trucking accidents can be particularly devastating and can result in a serious injury. It is important that if you have been involved in a truck accident, you seek proper medical treatment and legal representation. Medical treatment is imperative because it is important to care for yourself and to ensure that any future lawsuits are substantiated by medical evidence. If you have been injured, you should consider bringing a lawsuit against the culpable party. An attorney at the Fine Law Firm can assist you in seeking the monetary compensation you deserve. Depending on the circumstances of the accident, this may include awards for your past and future medical expenses, lost wages, and any pain and suffering you endured as a result of the accident. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule a free consultation.
More Blog Posts:
Prevalence and Severity of New Mexico Underride Truck Accidents, New Mexico Personal Injury Lawyer Blog, November 28, 2016.
New Mexico’s Liability Laws Involving Common Carriers, New Mexico Personal Injury Lawyer Blog, November 15, 2016.