Earlier this month in a tragic accident out of California, a mother was killed as she was crossing the street near a middle school with her 9-year-old daughter. According to a report by KTLA 5, the mother was escorting her daughter across the street shortly after 8 a.m. when she was fatally hit by the truck. She was crossing at a designated crosswalk at the time of the accident.
The woman’s young daughter was also hit by the semi-truck, and was taken to the hospital where she recovered. A spokesperson for the company told reporters that “Our hearts go out to the family. We are still trying to figure out exactly what happened. We feel absolutely horrible about the situation.”
The driver of the semi-truck was described by the trucking company as an “excellent driver.” After the accident police administered field sobriety test to determine if the driver was intoxicated. He passed the tests indicating that he was not under the influence of drugs or alcohol.
At the time of the accident, there was no crossing guard in front of the middle school. School officials released the following statement to reporters:
Our school is committed to doing everything we can to help the family and all of our children get through this difficult time. We are setting up opportunities for the community to support the family in need, providing crisis counselors to all of our children and working with police and the city to ensure that all measures are taken to enable students and their families to have the safest possible routes to school.
Our thoughts and prayers go out to the family.
Several community members have come out publicly and said that the intersection needs to have a crossing guard due to the high volume of traffic it regularly sees.
Failure to Yield to Pedestrians may be Evidence of Negligence
In New Mexico, when a driver fails to yield despite the presence of a “Yield” sign or a crosswalk, there is a general presumption that the driver was negligently operating their vehicle. In fact, it is the law that a driver must yield to a pedestrian in these situations. In cases where a driver fails to yield at a crosswalk, any victim of the driver’s conduct is entitled to recover monetary damages to compensate them for their injuries or loss.
What To Do if You Have 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 speak to an experienced New Mexico truck accident attorney as soon as possible. Depending on the facts of your case, you may be entitled to monetary damages to compensate you for your medical bills, future medical expenses, as well as for any pain and suffering caused by the accident. The Fine Law Firm has a team of dedicated personal injury lawyers ready to speak with you about your case. At the Fine Law Firm, clients come first, last, and always. Click here, or call 505-889-FINE to schedule a free initial consultation 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.
Federal Judge Discusses Expert Testimony Requirements in Fatal New Mexico Truck Collision Lawsuit, New Mexico Truck Accident Lawyer Blog, January 14, 2013.