When a semi-truck driver causes an accident that results in injuries to one or more parties, the injured parties may be able to seek financial compensation through a personal injury lawsuit brought under the theory of negligence. In order to succeed in a negligence lawsuit, a plaintiff must prove that the defendant’s negligent act or omission resulted in the plaintiff’s injury. This requires the plaintiff to submit proof of four elements:
- The truck driver owed the plaintiff a duty of care;
- The truck driver violated that duty of care through some act or omission;
- The truck driver’s breach of the duty owed to the plaintiff resulted in the plaintiff’s injury; and
- The plaintiff suffered some kind of injury.
Generally speaking, evidence must be provided to the court as to each of these four elements, or the court will dismiss the case. In some cases, under the doctrine of negligence per se, evidence that a truck driver was violating the law at the time of the accident can help an accident victim’s case because it helps them meet the second and third elements. This is also the case if the truck driver faces criminal charges after an accident.
Truck Driver Jailed after Fatal Truck Accident
Earlier this month in Missouri, a truck driver was arrested and jailed after he was involved in a fatal truck accident. According to a local news report covering the tragic accident, the multi-vehicle collision occurred in the morning hours on Interstate 44. Evidently, a truck driver failed to slow down for traffic that had come to a complete stop ahead. By the time the truck driver realized that traffic had stopped, it was too late for him to stop, and he collided with the back-end of another semi-truck. The truck driver’s rig then flipped onto its side, colliding with two nearby pickup trucks. The driver of one of those trucks was killed in the collision. All other drivers and passengers were uninjured.
Police are currently conducting an investigation. The driver of the truck was arrested on suspicion of involuntary manslaughter, although he had not been charged at the time of the article’s publication.
Have You Been a Victim of a New Mexico Truck Accident?
If you or a loved one has recently been a victim of a New Mexico truck accident, you may be entitled to monetary compensation to help you recoup the costs associated with being an accident victim. These may include amounts for your past and future medical expenses, lost wages, and any pain and suffering you endured as a result of the accident. The skilled personal injury and wrongful death attorneys at the Fine Law Firm have extensive experience in all types of truck accident cases, and we are happy to speak with prospective clients free of charge. Call 505-889-FINE to set up your free consultation today.
More Blog Posts:
Court Allows Defendant to Set Aside Default Judgment in Truck Accident Case, New Mexico Personal Injury Lawyer Blog, February 2, 2017.
Court Upholds $40 Million Verdict Against Chrysler after Gas Tank Explodes, Killing Young Child, New Mexico Personal Injury Lawyer Blog, January 25, 2017.