Whenever someone is injured in a New Mexico traffic accident involving a government employee, certain complications can arise. For example, personal injury lawsuits naming a government employee or entity must comply with additional procedural requirements in order to be properly heard by the court. Moreover, the issue of government immunity is likely to come up in any case claiming that a government entity is liable for a New Mexico trucking accident.
Government immunity has been around since the country’s formation and is discussed in the U.S. Constitution. As a general rule, states cannot be held liable for the negligent actions of their employees unless they consent to be named in the lawsuit. However, through the New Mexico Tort Claims Act, the government consents to be sued in many types of personal injury cases. A recent case illustrates the type of claim that is not covered under governmental immunity.
The Facts of the Case
The plaintiff was injured when the truck he was driving collided with a fire truck as the two vehicles entered an intersection. At the time of the collision, the fireman operating the truck was returning after conducting a “routine patrol” of the area. The routine patrol consisted of “learning the streets and areas, inspecting the streets and layout of the city,” and covering the territory in case someone needed assistance. Once the routine patrol had concluded, the fireman stopped briefly at a grocery store and then was planning on heading back to the station.