Traffic accidents involving large trucks make up a large percentage of fatal collisions in the U.S. each year. Passenger cars cannot stand up to the immense size and weight of an 18-wheeler. Sadly, this means relatively high odds of death for the occupants of the smaller car. If you lost a loved one in this type of disaster, legal advice and assistance are available from the Albuquerque truck accident attorneys at The Fine Law Firm.
Fatal Trucking Accident Facts
Large trucks are involved in thousands of deadly traffic accidents annually. According to the Federal Motor Carrier Safety Administration, in 2021 (the most recent year data is available), 5,700 fatal accidents involved large trucks. This was an 18-percent increase from 4,821 fatal crashes the year before. The National Safety Council’s preliminary statistics for 2022 report another increase: 5,837 large trucks, up 1.8 percent from 2021.
Common Causes of Deadly Trucking Accidents
When a truck driver loses control of a big rig, the truck can crash into smaller motor vehicles with an enormous amount of force. This force can crush or crumple the smaller car upon impact, potentially resulting in fatal injuries for those inside. Losses of truck control can often be prevented by trucking companies and their truck drivers.
Some of the most common causes of fatal truck accidents are:
- Traffic law violations
- Speeding or reckless driving
- Truck driver fatigue (broken hours-of-service rules)
- Violated federal laws
- Failing to check large blind spots
- Distracted driving
- Driving while impaired
- Inadequate truck driver training
- Improperly loaded or secured cargo
- Truck mechanical failures
In New Mexico, identifying the cause of a fatal truck accident is necessary before a claim can be filed, as the fault-based insurance law places financial responsibility (known as liability) on the party most at fault for causing the crash.
Liability for a Fatal Truck Accident in New Mexico
Fatal trucking accidents are often the liability of the trucking company. Truck companies can be held directly liable for their own acts of negligence, or lack of proper care, such as improper truck driver training or poor truck maintenance. In addition, trucking companies in New Mexico are often held vicariously liable for the negligence of their truck drivers – including those who are classified as independent contractors.
In some cases, fatal truck accident claims can be brought against third parties, such as the manufacturer of a defective truck part, the entity responsible for truck maintenance and inspections, cargo companies, or the government. A comprehensive investigation of the fatal crash must be done to identify who is at fault.
How to File a Wrongful Death Claim in New Mexico
A wrongful death claim is a civil suit that pursues financial compensation for a death caused by the “wrongful act, neglect or default of another” (N.M. Stat. § 41-2-1). A wrongful death claim must be filed within three years of the victim’s date of death, according to New Mexico’s statute of limitations.
While many states allow family members to file a wrongful death claim, in New Mexico, an individual who has been named as the personal representative of a deceased person’s estate must file. This person can bring a fatal truck accident claim on behalf of surviving heirs or beneficiaries in pursuit of financial compensation for their losses.
What Can a Truck Accident Lawyer Do to Help?
Getting all the elements in place for a fatal truck accident case is easier with help from an experienced attorney. An attorney can investigate the truck accident to determine its cause and pursue financial damages from one or more parties on behalf of a grieving family. A lawyer will fight to achieve the best possible case outcome for a family’s benefit, even if this means bringing the case to trial in New Mexico.
If you wish to discuss a case with a knowledgeable and compassionate truck accident attorney for no cost, contact The Fine Law Firm 24/7.