Proving Liability in a New Mexico Trucking Accident
Aug 19, 2019
Liability in all truck accidents is determined by evaluating negligence exhibited by those involved in the accident. Federal laws as well as regulations from the New Mexico Department of Transportation set rules when it comes to inspections, operational hours, and rest periods, and cargo limits.
Violations of any regulations can result in citations as well as possible gross negligence determinations by the driver, trucking company, or cargo loader when a trucking accident is being adjudicated.
Standard Requirements for Proving Liability
All accident cases hinge on negligence and showing that the defendant breached their duty of care. The plaintiff legal counsel must be able to demonstrate to the court that:
- The defendant owed a reasonable duty of care to the injured plaintiff
- The duty of care was breached
- The breach was the proximate cause of the plaintiff's injury
Multiple Liable Drivers
While these rules sound simple, cases can be very complicated when multiple vehicles are involved in a collision. Each driver will be assessed for fault if a case goes to trial, which is common in a New Mexico truck accident, and the final determination of liability can impact a case dramatically.
Each driver will be liable for damages based on their comparative negligence percentage determination with respect to each injured party, which can be problematic when levels of insurance protection for each driver are applied.
Another very important component of settling a trucking accident case is the level of negligence assigned to the transportation company and possibly the shipment contractor. Even if the truck driver is an independent owner-operator of the tractor, the employing shipping company, shipment contractor, or even the container/flatbed manufacturer could also be liable when all of the case details are discussed in court.
Fighting for Justice on Behalf of Trucking Accident Injury Victims
Always remember that truck accidents can be complicated and strongly defended legal cases that always require the expertise of a New Mexico truck accident attorney. The attorney that is chosen can make a major difference in the outcome of the case.
We will work to pursue justice on your behalf so you receive full compensation for what you have endured. Contact The Spence Law Firm at (844) 447-5497 for aggressive and comprehensive representation.
Meet with us.
If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.