Last month, five oil field workers were involved in an explosive accident after their van collided with an oil tanker truck. According to an article in a local news source website, the accident happened around 7 a.m. in Dimmit County. An oil tanker was attempting to avoid a pickup truck when it rolled over. The van carrying the workers ended up hitting the tanker truck and another vehicle.
Five of the individuals in the van were killed, and three other individuals were severely injured in the accident. State police are currently investigating the crash, but it has become evident that these types of accidents are becoming more prevalent since the oil boom. The boom has resulted in a higher level of traffic, and a number of the people driving are traveling long distances, which can also add to the likelihood of accidents. Fatal accidents have also been on the rise since the oil boom in the state.
New Mexico Truck Driving Negligence
As the case above illustrates, truck accidents have been on the rise in both New Mexico and its neighboring states. The oil boom has resulted in many New Mexico truck drivers and residents to begin traveling long distances for employment. This influx of trucks has coincided with the increase in fatal accidents.
In many of these types of truck accidents, it is likely that the victim or their family may consider bringing a negligence suit against a driver or the driver’s employer. To bring a negligence claim, a victim would need to establish that the other party owed them a duty, which was breached, and that the breach resulted in the victim’s injuries and actual damages.
The first step of the analysis is generally straightforward because all drivers have the duty to operate their cars safely when on the road. However, proving that the other party was negligent can take a significant amount of investigation, and the analysis is not always obvious. However, some common examples of a breach can include things such as:
- Distracted driving, such as driving while texting;
- Fatigued driving, such as when individuals drive long distances and become tired;
- Failing to maintain a vehicle in proper working order; or
- Driving a vehicle without proper certifications and licenses. This often applies in trucking cases because the truck driver is required to go through very specific and detailed training regarding their vehicle.
All of these forms of negligence will likely require independent verification, and an attorney can assist you in determining whether you have a viable claim.
Have You or a Loved One Been Injured in a Trucking Accident?
If you or a loved one has been injured in a trucking accident, you may be entitled to monetary compensation for your injuries. It is important that you contact an attorney to determine your rights and remedies and whether you have a viable claim. An attorney can assist you in filing the required complaints and motions and provide you with representation if a trial is needed. Contact the Fine Law Firm 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.
Truck Slams into Bus in Albuquerque, New Mexico Truck Accident Lawyer Blog, January 20, 2015.