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New Mexico Truck Accidents, Governmental Immunity, and the Tort Claims Act

Posted in Firm News

When individuals are injured because of the negligence of another party, there is often a way to at least get some sort of relief, whether it be through a personal injury case or an insurance claim. However, this is not necessarily the case when the other party is a governmental entity. All states have some form of governmental immunity that bars civil personal injury lawsuits against the government. This was originally enacted to ensure that the government runs smoothly without being unduly delayed by many, occasionally frivolous lawsuits. However, this bar can cause a serious problem for victims who are left without any recourse after being injured by a negligent government employee or agency.

Although the Tort Claims Act bars many lawsuits, there are still certain waivers that can allow the government to be held liable. First, it is very important that individuals know that if they want to bring a lawsuit against the government in New Mexico, they give notice within 90 days of the event that gave rise to the claim. Furthermore, the case must involve an actor that falls within one of the exceptions to immunity.

In New Mexico, government immunity attaches to governmental actors, such as those that were operating a motor vehicle, aircraft, or watercraft, as well as government agencies like those operating or maintaining a public park or building, operating an airport, or operating a hospital or mental institution. Furthermore, this waiver may apply to injuries or damages that were caused by law enforcement officers who were acting within the scope of their employment.

Even if a victim is able to overcome the immunity bar, there are significant limitations to the amount of damages that can be recovered in many cases. For example, there are certain monetary caps that limit the amount of compensation a victim may receive.

Fire Truck Crashes Into Vehicle, Causing Drivers and Passengers to Become Trapped

Earlier this month, a Washington, D.C. fire truck was heading to an emergency call when it became involved in an accident. According to a local news source, the truck was traveling in Northwest D.C. at around 9:00 p.m. when the crash occurred. Reports have not indicated which party was at fault for the accident, but it seems that only the fire truck and one other vehicle were involved.

The passenger vehicle was carrying a total of five people. Two of the individuals in the car were trapped in the car and had to be extricated with emergency equipment. The rest of the individuals were all injured and transported to various local hospitals. There were also four firefighters involved who were evaluated at the scene of the accident. Currently, the conditions of all of the parties involved are unknown.

Have You Been Injured by a Governmental Actor in New Mexico?

If you or a loved one has been injured in a New Mexico truck accident, you should contact one of the dedicated attorneys at the Fine Law Firm. The attorneys at the Fine Law Firm can help you understand your rights and remedies while preparing your case in a favorable light. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

Determinations of Fault in New Mexico Truck Accidents, New Mexico Personal Injury Lawyer Blog, August 4, 2016.

Truck Accidents Occurring in Parking Lots, New Mexico Personal Injury Lawyer Blog, July 13, 2016.