New Mexico, like many other states, has very specific rules regarding when an employer can be held liable for their employee’s behavior. There are four theories on which a claim can be brought. These theories are respondeat superior, negligent entrustment, negligent hiring, and negligent supervision or training.
Under the theory of respondeat superior, an employer may be held liable for injuries caused by one of their employees if the employee was acting within the “scope” of his or her employment. There are very specific elements that must be met in these types of cases, including establishing whether the behavior was incidental to employment and whether the employee was actually engaged in their work at the time of the accident.
The next theory under which a victim may bring a claim is negligent entrustment. In these cases, a victim must show four very specific elements. This claim generally arises in car accident cases. The victim must show that the person in control of the vehicle allowed the at-fault driver to operate the car, and they knew or should have known that the person to whom they lent the vehicle would create an unreasonable risk of harm to another individual. Furthermore, the victim must be able to show that the person who was driving was actually negligent and that their behavior resulted in the victim’s injuries.
In negligent hiring and retention cases, a victim must show that the employee that caused the accident was unfit to be engaged in the particular type of task they were performing and that the employer should have known this. Lastly, the victim must show that the employer’s negligent hiring was the proximate cause of their injuries.
Finally, negligent training and supervision cases require that the victim show that the employer did not use reasonable care when training and supervising the defendant. Additionally, as with negligent hiring, the plaintiff must show that the employer’s behavior was the proximate cause of the victim’s injuries.
Cement Truck Driver Involved in Serious Injuries May Have Been Impaired During Accident.
A truck accident involving a cement truck resulted in several injuries in Mesa, Arizona. According to a news report, the accident occurred earlier this month and initially involved a cement truck driver and a pick-up truck. Evidently, an investigation has revealed that the cement truck driver showed signs of impairment after the accident. However, his blood test results are still pending.
Apparently, the cement truck and the pick-up truck were proceeding north when the cement truck crossed into the left lane, rammed into the pick-up truck, and pushed it into oncoming traffic. Next, the cement truck rolled onto its side and struck a car and another pickup truck, slamming them into one another and subsequently into a power pole. Unfortunately, two women in their 50s were severely injured, and emergency personnel needed special equipment to get them out of their vehicles. The cement truck driver also suffered serious injuries.
Have You Been Injured in a Trucking Accident in New Mexico?
Truck accidents are some of the most potentially dangerous types of accidents. The accidents often result in serious and life-threatening injuries to those involved. Many times, an injured individual will be able to bring a lawsuit against the driver of the truck, and in certain instances the truck driver’s employer may be liable as well. It is important that you contact an attorney at the Fine Law Firm to discuss the various theories that can be used in establishing your case against the driver and their employer. If you are successful, you may be entitled to monetary damages for the injuries you sustained. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.
More Blog Posts:
Two Killed in Accident Involving Band’s Van and Semi-Truck, New Mexico Personal Injury Lawyer Blog, November 24, 2015.
Large Double-Decker Tour Bus Crash Results in Several Injuries, New Mexico Personal Injury Lawyer Blog, December 1, 2015.