New Mexico is a vast state that is home to many long-haul truck drivers, making cross-country trips. As a result, there are many serious and fatal truck accidents that occur each year. Trucking accidents occur for a variety of reasons, including driver fatigue, mechanical failures, inexperience, and distraction. In a situation in which an individual is involved in a trucking accident, it may seem most logical to bring a personal injury lawsuit against the truck driver, and this is often the case. However, the driver is not always the sole party responsible for the accident. Victims should consider the root cause of the accident and the possibility that the trucking company was also at fault.
The theory that is used to pursue a claim against a trucking company is referred to as “respondeat superior.” This is a Latin phrase representing the idea that in certain instances an employer should be held liable for those whom they are supervising. However, there are many caveats to this doctrine, and it can be complicated to navigate without an attorney who is well-versed in this specific area of the law.
Generally speaking, the employer will be responsible if the negligent truck driver was acting within the “scope of employment” when the accident occurred. Of course, as with many things in the law, this is not always straightforward. Issues may arise when the trucking company claims that the truck driver was an “independent contractor,” and therefore the company should not be liable. An experienced attorney can assist a victim with going through the intricacies of the law and making sure that they are fairly compensated by all responsible parties.
Multi-Truck Accident Results in Two Fatalities in Alabama
A news source recently reported on a multi-truck accident that occurred in Alabama. The accident occurred earlier this month in the early morning hours on a busy highway. Reports indicated that three 18-wheelers were proceeding eastbound when one truck driver ran into the back of another truck driver, who then ran into a third large truck. This domino effect resulted in the deaths of two of the drivers and one passenger. The driver of the third vehicle was luckily uninjured.
Have You Been Injured in a Trucking Accident in New Mexico?
If you or a loved one has been injured or killed in a New Mexico truck accident, you should speak to an attorney at the Fine Law Firm to determine your rights and any responsibilities you may have to preserve them. As was discussed above, there are often more parties responsible than just the truck driver in these types of cases. An attorney at the Fine Law Firm can assist you in determining if a lawsuit can be brought against the employer and potentially other parties as well. If you are successful, you may be entitled to monetary compensation for the injuries you sustained as a result of the accident. Call an attorney at the Fine Law Firm today at 800-640-6590.
More Blog Posts:
Determinations of Fault in New Mexico Truck Accidents, New Mexico Personal Injury Lawyer Blog, August 4, 2016.
Truck Accidents Occurring in Parking Lots, New Mexico Personal Injury Lawyer Blog, July 13, 2016.