Liability After a Commercial Vehicle Accident | Las Cruces Attorney
Las Cruces has seen an increase in commercial vehicle activity on our roadways. Whether it is delivery vans, large 18 wheelers, or ride share cars, you have undoubtedly experienced their increased presence on our roads, and unfortunately, this increase in activity can also lead to an increase in accidents.
Have you or a member of your family recently been involved in an accident in or around Las Cruces? Did the accident involve a commercial vehicle? If so, you may be entitled to financial compensation to help with the financial burden of your injury or loss, as well as the serious mental anguish that comes with such a terrible event. New Mexico attorney James Shaw will provide a free initial consultation to help determine liability and set you on your path to receiving the compensation you deserve. If you have initial questions regarding liability, who can be held liable, and how a Las Cruces attorney can help, we have provided the following information to help.What is Liability?
Liability after a commercial vehicle accident can take many different forms. In its most simple definition, “liability” means the party at fault can be held legally responsible for their actions of both negligence and of direct error.
Often when people think of accidents and liability, they only think of the commercial vehicle driver. While this is in fact a very important aspect to consider, there are also other parties that can be held liable by a Las Cruces trucking accident lawyer. For example, the trucking company itself, the manufacturer of the vehicle’s parts, or the packing company that last packed the truck may be held liable in certain circumstances.When Is the Commercial Vehicle Driver Held Liable?
The driver of a commercial vehicle is completely responsible for operating their vehicle with the utmost safety. When they do not uphold that commitment, they can and should be held legally liable. It is important to note that commercial vehicles are not only 18 wheelers or large trucks. A commercial vehicle includes any vehicle that is transporting goods, or people, for commercial purposes.
This means the driver of any commercial vehicle can be held accountable for actions of negligence or direct error, such as:
- Exceeding the speed limit
- Taking a turn too quickly
- Failing to use a turn signal
- Following too closely (also known as tailgating)
- Failing to check their blind spot before changing lanes
These are only a few examples of actions of negligence or direct error for which a commercial vehicle driver can be held liable. A Las Cruces trucking accident lawyer can help you determine even more possible instances of liability.When Is The Commercial Vehicle Company Held Liable?
Usually, the driver’s liability will be financially supported by the company. However, even beyond that circumstance, a company itself can be held liable by an attorney if they fail to uphold required safety regulations. For example, while drivers are responsible for performing regular vehicle safety checks, the vehicle companies are responsible for providing the upkeep and replacing of old vehicle parts. Also, they are responsible for regulating drivers’ hours so as to prevent them from driving while tired.What About a Parts Manufacturer?
The manufacturers of vehicle parts can be held accountable for malfunctioning parts. Vehicle part manufacturers are required to meet specific safety standards for their parts. If a vehicle part does not meet those standards and malfunctions, and this results in an accident that causes injury or death, the manufacturer may be held legally accountable by a Las Cruces attorney.How to Contact New Mexico Attorney James Shaw
If you are looking for a lawyer to help you determine liability, look no further. Mr. James Shaw has thirty years of experience as the managing partner of the Carabin Shaw Law Firm, one of the most respected law firms in the nation. He can set you on the path to seeking the justice to which you and your family are entitled. You can call us toll-free at 1-800-555-0101 to schedule your free consultation.