At the end of last month, a prominent New Mexico news source reported that a New Mexico judge denied FedEx’s motion for a new trial in a wrongful death suit against the company. As a previous New Mexico Personal Injury Lawyer Blog post discussed, the company was sued after a FedEx truck was involved in an accident that killed a mother and her daughter.
Evidently, the truck was traveling at a very high rate of speed when it rammed into the family’s pickup truck. The pickup truck was moving very slowly with its emergency flashers on in Las Cruces on I-10. The family asserted that the company was negligent because it allowed its truck to be contracted out to this particular individual, who was on sleeping medication and had a history of mental health problems. The family was awarded a $165 million verdict.
The family’s attorney claims that FedEx still has not paid anything. FedEx moved the court for a new trial. However, that motion was rejected by the judge. In fact, the judge also refused to reduce the large judgment against FedEx.
Trucking Company Liability for Employees’ Negligence in New Mexico
In many situations, an employer may be sued for the tortious acts of their employees. Under the New Mexico law, an employer may be held responsible for the acts of their employees in certain situations. For example, when an employee is negligent when they are acting within the “course and scope” of employment, an employer may be held liable for that employee’s actions.
The scope of employment is determined by analyzing the type of behavior that the employee is engaged in at the time of the accident. This analysis is completed by evaluating whether the behavior was incidental to the employer’s business and whether the behavior was done while the employee was engaged in the furtherance of the employer’s business or interests.
In some situations, an employer may try to defend themselves by claiming that the employee’s behavior is outside the scope of employment. On the other hand, an employer may hire attorneys for their employees in order to defend the employee’s conduct. In either event, the company will likely have representation that will assist them in avoiding liability – whether that is by indemnifying themselves or providing representation to defend their employee.
Even in situations where the employee was not acting within the scope or course of employment, the company may still ultimately determine that it is in their best interest to pay for the representation of the employee. As a result, it is important that plaintiffs seek their own experienced and competent counsel.
Have You Been Injured In an Accident Involving a Truck?
If you or a loved one has been killed or injured after being involved in a trucking accident, you should consider hiring one of the experienced attorneys at the Fine Law Firm to help you in your case. In most situations, a defendant, especially a large company, will have a team of attorneys to defend them. It is important that you have competent counsel as well. If you have been injured and are successful, you may be entitled to monetary compensation for your injuries. Contact one of the attorneys at the Fine Law Firm at 505-889-FINE to schedule your free initial consultation.
More Blog Posts:
Three Killed in Accident Between Two Semi-Trucks and a Tourist Bus, New Mexico Personal Injury Lawyer Blog, June 11, 2015.
New Mexico Woman Arrested after Arriving at Husband’s DUI Stop Drunk, New Mexico Personal Injury Lawyer Blog, July 6, 2015.