When a fire truck is involved in a New Mexico truck accident, several issues can arise that may not be present in other accidents involving large commercial trucks. The most common issue that arises in any New Mexico truck accident involving a fire truck or other government agency is whether the government is entitled to official immunity.
Historically, the New Mexico government enjoyed official, or sovereign, immunity. State lawmakers did away with this general grant of immunity when they enacted the New Mexico Tort Claims Act (NMTCA). The NMTCA replaced much of the immunity the state and local governments enjoy, but it also established specific areas in which that immunity is waived. Thus, if an accident victim can establish that the government has waived official immunity, the case will proceed to trial, as would be the case if any other defendant was named in the case.
Of course, there are certain procedural requirements that a New Mexico accident victim must follow when filing a case against a state or local government. For example, an accident victim must file a claim, noting the time, place, and circumstances of the injury, with the agency they claim is responsible for their injuries within 90 days of the date of the incident.
Fire Truck Involved in Fatal Accident
Earlier this month, one man was killed when he was involved in a fatal accident with a fire truck. According to a local news report covering the accident, the driver of a Honda Accord had entered an intersection when the fire truck T-boned the driver’s vehicle. His vehicle then collided with several other nearby vehicles, one of which was occupied by a pregnant woman.
Evidently, the fire truck had its emergency lights on at the time of the accident. It has not yet been determined if the truck’s sirens were also on. Interestingly, the very same truck was involved in another accident when its brakes failed. After that accident, the truck was re-numbered and moved to another fire department.
The driver of the Accord was pronounced dead at the scene, and the pregnant woman was hospitalized with minor injuries. Police have begun an investigation into the fatal accident but have yet to come to any conclusions.
Have You Been Injured in a New Mexico Truck Accident?
If you or a loved one has recently been injured in a New Mexico truck accident, you may be entitled to monetary compensation. The dedicated New Mexico personal injury attorneys at the Fine Law Firm have extensive experience handling a wide range of New Mexico truck accident cases, including those involving government-owned vehicles. We offer free consultations to accident victims and their families at which we can discuss how we can help you pursue the compensation you deserve. To learn more, and to schedule a free consultation to discuss your case with an attorney, call 505-889-FINE. Calling is free, and you will not be billed unless we are able to help you recover compensation for your injuries.
More Blog Posts:
How Witness Credibility Comes into Play in New Mexico Personal Injury Cases, New Mexico Personal Injury Lawyer Blog, February 20, 2018.
Government Employee Not Entitled to Immunity after Failing to Place Warning Signs Near Construction Zone, New Mexico Personal Injury Lawyer Blog, February 27, 2018.