An recent analysis of New Mexico’s traffic fatalities has revealed significant data regarding the most frequent types and causes of accidents. Through the middle of November, New Mexico logged about 46 traffic accidents that resulted in fatalities.
Although drunk driving accidents have gone down, accidents due to other causes have increased. A New Mexico Police Captain has indicated that a lot of individuals who drive commercial vehicles and work on the oil fields do not live in the two counties with the highest amount of fatalities. As a result, the commuter traffic has risen almost three times in the past few years. He went on to explain that many of these commercial drivers and other employed individuals work long shifts and then proceed to drive home in the evenings or early mornings. This often results in a significant number of drowsy drivers on the road. Other New Mexico police officers have also indicated that about 90% of their calls are for oil field trucks, not necessarily just commercial drivers.
Truck Driving Negligence
To establish negligence in New Mexico, a victim or his or her family must be able to prove that the wrongdoer owed them a standard duty of care and breached that duty, and that the breach was the proximate or actual cause of their injuries.
Generally, in truck driving cases a plaintiff who was injured in an accident with the truck driver can establish the first prong of the analysis. Truck drivers owe other drivers and pedestrians a general duty of care to drive safely and abide by all traffic rules and regulations. The issue usually arises in the second prong, which is whether they breached that duty of care. Often, the way that a plaintiff proves that the driver breached the duty is by demonstrating that the driver was acting negligently.
The above research shows that many times accidents occur because drivers are driving late into the night and are tired. Other indications of negligence are when a driver is distracted because he or she is texting or on the phone, incredibly fatigued, or not properly trained. A plaintiff must be able to show some type of negligence to prevail.
Have You Been Injured in a Truck Accident in New Mexico?
All accidents can be devastating, but truck accidents are more likely to result in serious property damage and fatalities. If you have been injured as a result of a truck driver’s negligence, you may be able to bring a personal injury suit against that individual or even the trucking company. It is important to increase your chances of success that you contact a skilled and dedicated attorney to assist you in your case. Trucking accidents can often be even more complicated than normal vehicle crashes because there are several defendants involved. In New Mexico, semi-truck drivers are required to have “black boxes.” These boxes contain pertinent information regarding certain statistics of the truck. Often, the information on these boxes is deleted after a certain amount of time, so it is important to contact an attorney as soon as possible. If you or a loved one has been injured in a trucking accident, contact the Fine Law Firm today at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Semi Truck Driver Charged with Felony after Rear Ending School Bus, New Mexico Truck Accident Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Truck Accident Lawyer Blog, October 13, 2014.