Three people were recently killed in a tragic accident near Denton, Texas. According to news reports, a giant 18-wheeler was proceeding south on the highway when it somehow veered into the median. After crossing into the median, the truck crashed into a cable barrier and eventually ended up in the northbound lanes, subsequently crashing head-on into a minivan.
According to one local news source, the driver and their passenger were immediately killed at the scene of the accident. The truck did not stop after crashing into the car, and it continued to drag the barrier down the highway and caused a grass fire. The truck driver was immediately taken to a hospital, and he was also pronounced dead. The investigation is pending, but family members of the truck driver have claimed that the man suffered a heart attack while he was driving the truck and became unconscious. Police have yet to reveal the results of any further investigation.
Establishing Negligent Behavior in Trucking Accidents in New Mexico
Car accidents are an unfortunate reality of life, and in many cases the victims walk away with minor bruises and damage. However, in accidents such as the one above, when a giant truck was involved in a head-on collision, the ensuing damage is often devastating. In many cases, an accident is just that: an accident. However, that does not necessarily mean that one of the parties was not negligent.
In the case above, the family has stated that the truck driver had a heart attack and lost consciousness. Of course, this is terribly tragic. However, a deeper investigation may reveal more details of the driver’s behavior that may make him liable for damages. Generally, negligence cases involve examining the duty owed to the victim, whether there was a breach of that duty, and if the behavior was the actual or proximate cause of the damages.
Some common examples of negligence in these types of truck accidents are the failure of the driver to inspect their vehicle, speeding, fatigue, or distraction. However, even in cases when the accident was a result of a medical issue, the culpable party may be held liable.
Individuals have a standard duty of care to prevent against accidents such as the one above. If it becomes known that the driver had a history of losing consciousness or failed to take medicine to prevent the behavior that resulted in the accident, they may be held liable. For example, if a person who regularly suffers seizures is supposed to take medicine to prevent these seizures yet fails to do so, and an accident occurs while they are suffering a seizure, they may be held liable for negligence.
Have You Been Injured in a Trucking Accident in New Mexico?
Trucking accidents result in some of the most serious injuries and damages, and as a result it is likely that a victim will want to pursue a negligence claim against the culpable party. These types of cases can be particularly complex because there are often many people involved, including employers and a series of victims. If you are successful in establishing that the other party was negligent, you may be entitled to monetary damages for your injuries. An attorney at the Fine Law Firm can assist you in pursuing your claim. Contact the Fine Law Firm today at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
New Mexico Judge Denies Motion for New Trial in Largest Jury Award in New Mexico History, New Mexico Personal Injury Lawyer Blog, August 6, 2015.
New Mexico Woman Arrested after Arriving at Husband’s DUI Stop Drunk, New Mexico Personal Injury Lawyer Blog, July 6, 2015.