Liability in New Mexico Trucking Accidents
An accident with an 18 wheeler can be catastrophic for anyone. On top of that, multiple parties are potentially liable in a case involving an 18 wheeler, which makes seeking compensation more difficult than a wreck between passenger vehicles. If you or a loved one were involved in a crash with a big rig in Ruidoso, New Mexico, a lawyer can help you get the compensation you deserve. Carabin Shaw is a passionate team of law professionals whose focus is 100% on the client. Every Ruidoso 18 wheeler accident lawyer on our team wants the best for you, and to make sure you understand what’s involved in an 18 wheeler accident case.Within The Scope of Their Employment
Determining liability in New Mexico trucking accidents is not a simple task. However, a seasoned attorney can look at the facts of your case and create an action plan to win based on your unique circumstances. More often than not, the liability comes down to two parties: the trucking company or the truck driver. The deciding factor lies in the answer to this legal question: was the driver acting within the scope of their employment? The court looks to the following factors to be able to answer this question:
- The time and place of the employee’s actions
- What kind of work the employee was contracted to carry out
- The employee’s intent
- Incidental acts the employer expected of the employee
If the driver was acting within the scope of their employment, the trucking company would be held responsible. If not, the employee could be held responsible. To learn more, consult with a Ruidoso truck accident attorney.Who Can Be Held Legally Responsible in an 18 Wheeler Case?
To further understand who can be held responsible in an 18 wheeler accident case in Ruidoso, New Mexico, the following is a list of the potentially liable parties and how they can be found responsible:
- Trucking Company - Although the trucking company is often the responsible party, it can take an experienced Ruidoso 18 wheeler accident lawyer to prove this in court. Trucking companies will do whatever they can to pay you as little as possible, so it takes showing that they cut corners or failed to do required safety inspections to prove their negligence.
- Truck Driver - If the truck driver broke traffic laws, was under the influence of drugs or alcohol, or broke the Federal Motor Carrier Safety Administration’s regulations on driving hours, the truck driver may be held liable for your damages. To learn more, consult an attorney.
- Parts Manufacturer - When a defective part causes a wreck, the parts manufacturer may be held legally responsible. If a brake pad, for instance, fails, it can have catastrophic consequences for the 18 wheeler and those around it. To learn more, talk to an 18 wheeler injury lawyer in New Mexico.
- Mechanic - By law, 18 wheelers require routine maintenance and are held to certain legal standards. If the last mechanic to service the vehicle was negligent and his ill-repairs cause an accident, he may be liable for damages in the eyes of the law. A Ruidoso truck accident attorney can help if you think a mechanic might be at fault in your case.
When an 18 wheeler accident impacts your life, it’s important to have the right people on your side. The lawyer you choose to represent you will either make or break your case. At Carabin Shaw, we’ve won case after case fighting for those we work for, which is why we’ve won over $500,000,000 for our clients. If you want to make sure you’re in the best hands, get in touch with an attorney at our firm today. A Ruidoso 18 wheeler accident lawyer at our firm is ready and waiting to get you the justice you deserve.
Call toll free: 915-779-2301