A multi-vehicle collision involving two tractor-trailers resulted in two individuals being hospitalized. A local news report indicated that the crash occurred early last week on Interstate 10 near Deming. Apparently, a yellow trailer was driving eastbound when the driver of the truck had a diabetic episode. During the episode, he crossed the highway and ended up on the westbound lane.
The yellow trailer ended up colliding with another tractor trailer that was carrying large vehicles. Another smaller vehicle was involved in the crash as well. Unfortunately, both drivers of the tractors had to be hospitalized. The driver and passengers in the smaller car were treated at the scene of the incident. According to New Mexico State Police, the accident is still being investigated to determine whether the accident was due to any one driver’s fault.
Truck Driver Negligence When Medical Conditions are involved
Although at first glance it seems as if this accident was just a tragic accident, since the tractor trailer driver had a medication condition, this case has the possibility of being one of negligence. To establish negligence in New Mexico, the plaintiff in the case must be able to meet all the elements of the claim. A negligence claim must show that the defendant owed the plaintiff a duty to exhibit a standard of reasonable care, the defendant breached that standard, and that the breach was the actual and proximate cause of the injuries that the plaintiff sustained. Damages also must be proved.
In some cases, a defendant may try to assert an uncontrollable medical condition as a defense to liability for a plaintiff’s negligence claim. And in some situations that may pass muster, but there are situations in which a defendant can still be held responsible. This includes instances such as when the defendant knew that he or she was prone to a certain episode but still partook in an activity that could result in causing harm to someone else. Or it can occur in a situation where a defendant had a medical condition but was failing to treat the condition properly.
Individuals have a responsibility to ensure the safety of others when they are driving on public roads, and that includes treating their medical conditions. In the above case, the details are not clear as to the circumstances surrounding the diabetic episode. However, if, for example, the driver knew he had diabetes and did not take medication that would prevent an episode such as the one that occurred, he may be held liable for negligence.
Have You Been Injured in a Trucking Accident?
If you or a loved one has been injured or killed in a trucking accident, it is important to contact an experienced attorney to increase your chances of success. In trucking accidents, there are often many parties involved, including the driver, the trucking company, insurance companies, and possibly other victims of the accident. If you have been injured because of someone else’s negligence, you may be entitled to monetary compensation for the injuries you sustained. This can include compensation for past medical bills, future medical expenses, and other damages related to your injuries. Contact an experienced attorney at the Fine Law Firm at 505-889-FINE to schedule an initial consultation.
More Blog Posts:
Semi Truck Driver Charged with Felony after Rear Ending School Bus, New Mexico Truck Accident Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Truck Accident Lawyer Blog, October 13, 2014.