Earlier this month near Grants, three semi-trucks were involved in an accident resulting in the death of one of the drivers. According to a report by KOB 4, the accident occurred on Interstate 40 when one of the semi-truck’s tires blew out.
Evidently, a tractor-trailer carrying passenger vehicles was heading east on I-40 when one of the truck’s tires blew out, sending the truck across the median and into the westbound lanes of traffic. Eventually, the truck struck a guardrail on the other side of the roadway and overturned.
As the truck was careening out of control, a second truck heading westbound nearly collided with the out-of-control truck but narrowly avoided a collision. That truck driver came to a stop in the right-hand lane of I-40 westbound. However, as that truck was stopped, a third truck carrying diesel fuel came up from behind and crashed into it, igniting both trucks as a result.
The driver of the third truck was ejected from the vehicle and died at the scene. Despite the massive wreckage, all other semi-truck drivers survived the accident. Luckily, although the third truck was carrying flammable fuel and caught fire, the fuel itself didn’t catch fire.
Semi-Truck Accidents in New Mexico
Due to the vast number of highway miles that stretch across our state, semi-trucks and semi-truck related accidents are not uncommon here in New Mexico. There are many causes for semi-truck accidents, some of which are the fault of semi-truck drivers and others that are caused by negligent maintenance or faulty parts used by the truck manufacturer.
In any case, the innocent victim of a truck accident is permitted to recover in a New Mexico negligence action against whoever the responsible party is. Even in cases where the accident victim is partially at fault, under New Mexico law, the accident victim may still be able to recover through the doctrine of “pure comparative fault.”
Pure comparative fault is a legal doctrine that determines who can recover in a negligence action. Under some states’ laws, only a completely innocent accident victim can recover. Even if a victim is found 5% at fault, he or she can be barred from recovery. Under New Mexico law, however, the accident victim’s damages are reduced, rather than preventing recovery altogether. For example, if a jury determined that an accident victim was entitled to a $10,000,000 award but was 30% at fault, his or her total recovery amount would be $7,000,000, or 70% of the total award amount.
Have You Been Injured in a New Mexico Truck Accident?
If you or a loved one has recently been involved in a serious New Mexico truck accident, you may be entitled to monetary damages to help compensate you for your injuries or loss. This may even be the case if you or your loved one was not 100% free of fault. To learn more about the negligence laws in New Mexico, and to schedule a free initial consultation with a dedicated New Mexico accident attorney, click here or call 505-889-FINE.
More Blog Posts:
Bicyclist Hit and Seriously Injured By Garbage Truck in Albuquerque Last Month., New Mexico Truck Accident Lawyer Blog, July 7, 2014.
Fallen Stop Sign Leads Woman to Drive into Intersection and Collide with Semi-Truck, Killing Her Instantly, New Mexico Truck Accident Lawyer Blog, July 28, 2014.