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Holding a New Mexico Employer Responsible for the Negligent Acts of an Employee

Posted in Bus Accidents

New Mexico bus accidents happen. And sometimes, the person responsible for causing the accident does not have the ability to pay for the damages themselves and may not even have adequate insurance coverage to ensure that the victims are properly compensated.

For this reason, it is very important that all bus accident victims are extremely diligent when it comes to investigating their claims, and they should take every precaution to ensure that all potentially liable parties are named in the complaint. A plaintiff’s failure to name all of the appropriate parties may result in a plaintiff being under-compensated for their injuries or, worse yet, being unable to collect compensation at all.

Under the doctrine of respondeat superior, employers can be held liable for the negligent acts of their employees in some situations. Before an accident victim is able to recover damages from a negligent employee’s employer, they must first show that the employee was acting within the scope of their employment at the time of the accident. In New Mexico, this can be shown by establishing:

  • The activity in which the employee was engaged at the time of the accident was something “fairly and naturally incidental” to the employer’s business;
  • The accident occurred while the employee was acting to further the employer’s interest; and
  • The accident was not caused by some external, independent, or personal motive of the employee.

School Bus Accident Sends Three to the Hospital

Earlier this month, two students and the operator of another vehicle sustained minor injuries following a school bus accident. According to a local news report, the accident occurred as the school bus attempted to make a left-hand turn across an intersection. However, as the school bus driver began the turn, he failed to yield to oncoming motorists, one of whom collided with the bus.

Following the initial collision, the bus collided with three other vehicles that were stopped at the intersection waiting for the light to turn. In all, three people were taken to the hospital, including the two students. The driver of the bus was cited for failing to yield to an oncoming motorist, and he has been suspended while the accident investigation is underway.

Has Your Child Been Injured in a School Bus Accident in New Mexico?

If your child has recently been injured in a New Mexico public transportation accident, you may be entitled to monetary compensation. The skilled New Mexico personal injury attorneys at the Fine Law Firm have extensive experience helping their injured clients seek the compensation they need and deserve. We represent clients across New Mexico, and we have conveniently located offices in Albuquerque and Rio Rancho. To learn more about how New Mexico law may allow you to recover compensation for your injuries, and to speak with an attorney about your case, call 505-889-FINE to schedule a free consultation.

More Blog Posts:

Hit-and-Run Accidents Involving New Mexico Semi-Trucks, New Mexico Personal Injury Lawyer Blog, September 25, 2017.

New Mexico School Bus Accidents, New Mexico Personal Injury Lawyer Blog, September 18, 2017.