Whenever someone is injured in an auto accident that was caused at least in part by the road’s poor condition, that person may consider bringing a lawsuit against the government entity that maintains that roadway. In the majority of cases, this means that a plaintiff will bring a suit against the local or state government. Although these cases may seem straightforward, they are anything but. Suing the government comes with myriad issues because of the restrictions on those who attempt to sue the government. Additionally, sometimes there are several agencies that share control of maintaining different parts of the roadway, which complicates the matter even further.
New Mexico is governed by the Tort Claims Act. This Act grants government entities certain immunities in personal injury cases. This was enacted to prevent the government from being burdened by an onslaught of lawsuits. However, taking into consideration public policy concerns, there are some exceptions in which individuals may still sue the government despite this immunity. In such cases, the immunity will not attach, and the lawsuit can proceed as normal.
New Mexico is a state that has a series of exceptions to the aforementioned Act, and these exceptions allow the government to be sued. One of the exceptions is when a person is injured because they were involved in an accident on a poorly maintained roadway. However, even after a plaintiff establishes that the roadway was poorly maintained or designed, they must still determine who is actually responsible for the part of the road that actually caused their injuries. For example, maybe one governmental agency designed the road and another agency was supposed to make repairs. In this situation, the plaintiff needs to indicate exactly which parties’ negligence caused their injuries. A failure to do so could result in the accident victim losing their ability to recover damages.
Tanker Truck Causes Massive Accident on Highway
Earlier this month, a tanker truck that was transporting propane rolled over on a highway in West Virginia. According to one local news report, it seems that the tanker truck’s wheel ended up driving onto a soft patch on the side of the road. The soft patch caused the tanker truck to lose control and then to roll over onto its side. As the truck rolled over, the cargo portion of the truck was compromised, and it began to leak propane gas.
The State Police in West Virginia sent hazmat crews to clean up the scene. Residents and drivers who were anywhere near a half-mile radius were ordered to evacuate the area. Additionally, the gas line in the surrounding neighborhoods was turned off to prevent an explosion. Police have not indicated who they believe to be at fault in the truck accident, but they are still in the midst of an official investigation.
Have You Been Injured Due to a Trucking Accident or a Poorly Maintained Roadway?
The attorneys at the Fine Law Firm have years of experience handling cases that involve both poorly maintained roadways and accidents involving trucks. If you or a loved one has been injured in a situation involving either of these aspects, you should strongly consider calling one of the attorneys at the Fine Law Firm. One of our attorneys can assist you in developing your case and pursuing the compensation you deserve. This may include monetary compensation to cover the injuries, both physical and emotional, you suffered as a result of the accident. Contact an attorney at the Fine Law Firm today at 800-640-6590.
More Blog Posts:
Officials Believe Truck Driver Was “Sexting” Immediately Before Causing Deadly Crash, New Mexico Personal Injury Lawyer Blog, January 7, 2016.
Federal Laws Concerning Trucking Accidents and Liability, New Mexico Personal Injury Lawyer Blog, January 20, 2016.