Late last month, a Midland County, New Mexico man was killed after being involved in an accident in the County. Local New Mexican news reports indicate that the incident occurred about 20 miles south of the county line on New Year’s Eve.
The State Troopers indicated that a Ford F-350 was driving northbound on FM 1788. At some point, the driver of the Ford attempted to pass a semi-trailer. Unfortunately, in doing so, the man lost control of his vehicle. After losing control, the car began to roll and ended up in a ditch on its side. The 38-year-old driver of the truck was killed in the accident. He was not wearing a seat belt at the time of the incident. State officials explained that the road was quite icy, and it was sleeting at the time of the accident.
Driving in Hazardous Conditions in New Mexico
Driving always encompasses a certain amount of risk, but most often motorists are injured not by a stroke of bad luck but due to the negligence of another. In the above case, it is not indicated whether the semi-truck driver was injured or involved in the accident. However, in many cases when two vehicles are involved in the crash, one party has a higher level of culpability in the crash.
To bring a negligence claim in New Mexico, the victim must be able to establish certain elements. The plaintiff must be able to show that the defendant owed him or her a reasonable standard of care, which the defendant breached, and that the breach was the actual or proximate cause of the injuries and damages that resulted.
Drivers in New Mexico have the duty to abide by all safety rules and regulations when they are driving on the roads in this state. While some duties are memorialized by rules and statutes, some fall under a general duty to act safely when driving on the road. There are a significant amount of dangers when driving on an icy road in the winter, and drivers must adjust their driving habits to dangerous conditions. When the roads are icy or hazardous in another manner, drivers may need to reduce their speed even beyond what the signs state. Many times, individuals can be held liable under a civil negligence theory or given a citation for failing to act accordingly during dangerous conditions.
Have You Been Injured As a Result of a Car Accident?
If you have been injured or if a family member has been killed as a result of a car accident in New Mexico, it is important that you consult an experienced attorney. These cases can often be complex and require much preparation and research into the laws of the state. If you are able to make out the elements of a negligence claim, you may be entitled to certain awards for your damages. This includes monetary compensation for your past medical bills, future medical expenses, and other damages related to the accident. The Fine Law Firm is a highly reputable firm with significant experience in handling these types of matters. Contact our office today at 505-889-FINE to schedule a free consultation.
More Blog Posts:
Sleeping Driver Responsible for Fatal Lea County Accident, New Mexico Personal Injury Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Personal Injury Lawyer Blog, October 13, 2014.