Truck drivers, like all other motorists, have a duty to ensure the safe operation of their vehicle. Of course, this includes maintaining their rig so that it meets safety standards and also following the rules of the road. When a truck driver causes an accident because of a failure to follow these rules, he may be held liable for any injuries caused as a result. This is normally done through a negligence lawsuit.
In some cases, the police or highway patrol may cite a truck driver for some traffic violation in relation to an accident. In other egregious cases, there may be criminal charges filed against the truck driver. However, with regard to a personal injury lawsuit, neither of these is required for the case to be successful. This is in part due to the different standards in civil and criminal cases. Criminal cases require a “guilty mind” and must be proven beyond a reasonable doubt, whereas civil cases rely on negligence and can be proven by meeting a lower standard.
Fatal Truck Accident Claims Two Lives
Earlier this month in New York, it was announced that a truck driver responsible for an accident that claimed two lives will not face criminal charges. According to a recent news article reporting on the event, the accident took place in August of last year.
Evidently, the driver of the semi-truck was attempting to make a left-hand turn when his brakes gave out. Unable to complete the turn, he lost control and crashed into a nearby pick-up truck with two people inside. The semi-truck pushed the pick-up down a nearby embankment and eventually landed atop the pick-up. Both the driver and the passenger of the pick-up were pronounced dead at the scene.
After the accident, police conducted an investigation and determined that not only did the brakes give out but also the driver had been speeding immediately prior to the accident. They cited the driver for improperly maintained brakes, speeding, and failure to make a proper turn. However, the driver will not face any criminal consequences for his role in the accident. It remains to be seen if the families of the victims will be pursuing wrongful death cases against the truck’s driver.
Have You Been Injured in a New Mexico Truck Accident?
If you or a loved one has recently been injured in any kind of New Mexico truck accident, you may be entitled to monetary compensation. Truck drivers and the companies that employ them must make sure their trucks are being safely operated, and when that isn’t the case, the public at large is at risk. The skilled truck accident attorneys at the Fine Law Firm have decades of collective experience representing clients in truck accident cases, and we would be happy to meet with you to discuss your case. Call 505-889-FINE to set up a free consultation today.
More Blog Posts:
Risks Associated with Fatigued Truck Drivers in New Mexico, New Mexico Personal Injury Lawyer Blog, June 28, 2016.
Truck Accidents Occurring in Parking Lots, New Mexico Personal Injury Lawyer Blog, July 13, 2016.