According to the National Transportation Safety Board, New Mexico is known to have one of the highest amounts of truck traffic per capita on its highways. Often, these long-haul truckers have been driving for many hours without a break, and this, compounded with other factors, can result in dangerous accidents with potentially devastating results. Trucking accidents can be caused because of driver fatigue, distraction, lack of training, and truck malfunctions or loading mistakes.
While an equipment malfunction may be categorized differently than fatigue or distraction, in many cases, it too can be the result of a party’s negligence. When a truck malfunctions and ultimately causes a dangerous situation that results in an accident, there may still be parties that should be held liable for their role in the accident. These parties may include the driver, the employer of the truck driver, or even the company that manufactured the defective part.
Truck drivers are supposed to make sure that their trucks are in proper working order prior to embarking on a trip. This includes doing a pre-travel check as well as mid-route check-ups. A truck driver can be held liable if they did not properly inspect their vehicle before embarking on their trip. Furthermore, the driver’s employer may be held liable if it did not properly train the driver on how to handle certain common circumstance that may arise in the course of his or her employment.
Generally speaking, trucking companies must ensure that their drivers are properly trained and compliant with applicable safety statutes. This may include teaching the driver how to spot signs of a malfunctioning truck, and how to fix or avoid issues that may arise with their vehicle. Lastly, truck manufacturers and equipment manufacturers may also be held liable after one of their vehicles or component parts malfunctions. Determining and apportioning liability to these entities is a complicated task, and it is important that injured individuals have a full and complete knowledge of their rights in these types of cases.
Brake Malfunctions, and Truck Crashes into House While Family is Vacationing
Recently, a news station reported that a truck crashed into a family’s home in California. A neighbor reported that he was outside his house when he heard a rumble getting progressively louder as it came closer. The hill is known to be a frequent area of truck traffic, but the witness reported that this was louder than he was accustomed to hearing. Witnesses reported that the truck slammed straight into the home of a family. Luckily, the family was out of town at the time of the accident.
The truck driver was rushed to the hospital and is expected to be okay. He reported that his brakes malfunctioned, and he could not stop his vehicle. Neighbors claim that they have complained of drivers barreling through their neighborhood without stopping at the stop signs, which poses an even bigger problem because the neighborhood is at the bottom of a hill. Currently, there is no word regarding whether the driver, company, or truck manufacturer will face any charges.
Have You Been Injured in a Trucking Accident in New Mexico?
If you or a loved one has been injured as a result of a truck accident, you should contact one of the experienced attorneys at the Fine Law Firm. In trucking accident cases, there can be many parties involved, including drivers, employers, manufacturers, and others. These cases are exceedingly complex, and it is important that injured parties and their families have zealous advocates on their behalf from the beginning. If you have been injured in a New Mexico truck accident, an attorney at the Fine Law Firm can assist you in seeking the compensation you deserve. Contact an attorney at the Fine Law Firm today at (800) 640-6590 to schedule a free initial consultation.
More Blog Posts:
State Supreme Court Finds that Governmental Immunity Does Not Apply to School Bus Driver, New Mexico Personal Injury Lawyer Blog, February 25, 2016.
Specific Limitations in Liability in New Mexico Governmental Tort Suits, New Mexico Personal Injury Lawyer Blog, February 22, 2016.