Last week, a woman was injured when she was hit by a semi-truck while crossing the street just outside Salt Lake City, Utah. According to a report by KSL News, the woman was crossing the road at the 3500 block of Redwood Road when she was hit by the truck. The woman was crossing the road at a crosswalk and did have the right of way at the time of the accident.
The driver did the right thing and stopped the truck immediately, running back to render aid to the fallen woman. He was cited for failing to yield to a pedestrian at a crosswalk. The accident victim was taken to a nearby hospital with serious leg injuries and other less serious injuries. At the time the article was published, she was in serious condition but was expected to survive.
Auto-Pedestrian Accidents in New Mexico
Although this accident occurred in a fellow-four corner state, auto-pedestrian accidents are just as common in New Mexico. In fact, in one study by the National Highway Traffic Safety Administration, New Mexico had the highest number of pedestrian deaths per 100,000 citizens at 3.94. This amounted to over 70 fatal pedestrian deaths caused by auto-pedestrian accidents.
Determining Fault in Auto-Pedestrian Accidents
Like other kinds of accidents, fault may fall on either parties side, depending on the facts surrounding the accidents. For example, the following are common facts that counsel in favor of finding the pedestrian at fault for the accident:
- Not crossing at a designated crosswalk;
- Not waiting for the “walking man” to appear before crossing the street; and
- Walking in a restricted area.
Most often, however, the fault is at least in part attributable to the negligence of a semi truck driver. The following are common causes of fatal semi-truck accidents:
- Driving under the influence of drugs or alcohol;
- Failing to yield at a crosswalk;
- Ignoring traffic signals;
- Careless or distracted driving.
Apportioning Fault in New Mexico Semi-Truck Accidents
In New Mexico, the fault determination does not necessarily need to be all-or-nothing. In other words, a jury is permitted to find the pedestrian at fault for a certain percent, and the truck driver responsible for the rest. In this case, the pedestrian is not barred from recovering because they are nominally at fault, instead the plaintiff’s recover amount may be reduced by the percent at-fault they are found to be.
Have You Been Involved in a New Mexico Truck Accident?
If you or a loved one has recently been involved in a New Mexico truck accident, you should contact an experienced New Mexico personal injury attorney as soon as possible. The skilled and dedicated lawyers at the Fine Law Firm have the experienced you need to effectively bring your New Mexico personal injury case. Click here, or call 505-889-FINE to schedule a free initial consultation and to discuss the facts of your case today.
More Blog Posts:
Tragic Wrongful Death Case Reminds Trucking Companies Operating in New Mexico and Elsewhere to Properly Maintain Tractor-Trailers, New Mexico Truck Accident Lawyer Blog, January 20, 2013.
Three Negligent Malaga Wrecks Claim Several Lives in Less Than One Week, New Mexico Truck Accident Lawyer Blog, October 21, 2013.