Joint and Several Liability When Multiple Vehicles Are Involved in an Accident

Truck accidents are often devastating, and since they frequently occur on the highway, they often involve several vehicles. In such cases, there may be more than one party that is responsible for causing the accident. For example, while a truck driver may have ultimately caused a collision between several vehicles, there may have been a series of negligent acts performed by other parties leading up to the accident that added to the severity of the accident and the resulting injuries.

Exiting the BusIn these cases, New Mexico’s law on joint and several liability may apply. Joint and several liability falls under the general concept of comparative negligence. New Mexico follows the idea of “pure” comparative negligence. Under comparative negligence, if a plaintiff is injured in an accident but was partially at fault, their recovery will be reduced by their degree of fault.

In a situation in which comparative negligence applies, the issue of joint and several liability can also arise. Joint and several liability applies when there are multiple negligent actors who contributed to an accident. Under the doctrine, each responsible party is responsible for the portion of the damages judgment that is equal to their particular degree of fault. However, if one party is unable to pay, the other parties are liable for the full amount. This way, a plaintiff has an increased chance of receiving their full award, even if one or more defendants are insolvent.

Five-Year-Old Struck and Killed by Truck Driver When Exiting School Bus

Recently, a young child was hit and killed by a truck driver when she was exiting her school bus in Australia. Evidently, the young girl was leaving the school bus when a truck slammed into her as she attempted to cross the road. According to a local news report, the bus had obscured the truck driver’s view of the little girl, so he could not see her crossing the road. Sadly, the accident happened right in front of the girl’s older sister and mother, as the mother was waiting across the street for the young girls. Witnesses reported that the bus stop has been in the same spot for many years, but they have never seen an accident prior to this one. The truck driver was taken in for mandatory drug testing, but authorities do not believe there to be any indication that he was under the influence of any drugs or alcohol. The incident is still under investigation.

Have You Been Injured in a New Mexico Truck Accident?

If you or a loved one has been injured in a New Mexico trucking accident, you should contact one of the dedicated attorneys at the Fine Law Firm. Truck accidents often involve multiple parties, and apportioning fault can be difficult. The attorneys at the Fine Law Firm work with skilled investigators and can assist you in making sure that you have a strong case and that your rights are properly asserted. If you are successful, you may be entitled to monetary compensation 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:

Fatal Bus Accident May Have Been Caused By Texting Driver, New Mexico Personal Injury Lawyer Blog, April 5, 2017.

Employer Liability in New Mexico Truck Accidents, New Mexico Personal Injury Lawyer Blog, April 27, 2017.