Truck Accident Attorney New Mexico

1. The Truck Driver

In many cases, the driver of the truck is the first party to consider. If the driver was negligent, such as driving under the influence, exceeding speed limits, or violating hours-of-service regulations, they can be held liable for the accident. In New Mexico, the standard of Negligence requires proving that the driver failed to exercise reasonable care, leading to the accident. This is where a knowledgeable truck crash attorney becomes invaluable.

2. The Trucking Company
Often, the trucking company that employs the driver can also be held responsible. This is due to the principle of vicarious liability, which holds employers accountable for their employees’ actions performed within the scope of their employment. For example, if a truck driver was engaging in unsafe driving practices while on duty, the trucking company may share liability.

3. Vehicle Manufacturers

If a Defect in the Truck or its components contributed to the accident, the manufacturer of the vehicle or its parts may be liable. This could involve issues such as:

Brake Failure: If the brakes were poorly designed or manufactured.
Tire Defects: Inadequate tread or manufacturing flaws that lead to blowouts.
Structural Integrity Issues: Problems with the truck’s frame or body that compromise safety.

4. Maintenance Providers

If the trucking company hires a third party for maintenance and repairs, and the negligence of that provider leads to an accident, they can be held liable. Regular maintenance is crucial for the safe operation of commercial vehicles, and failure to perform these tasks can have serious consequences.

5. Freight Companies
In some cases, the company responsible for loading or securing the cargo can be held liable. Improperly loaded cargo can lead to imbalances that affect the truck’s handling and increase the risk of accidents. If it can be demonstrated that the freight company acted negligently, they may be named in a lawsuit.

6. Other Road Users

In certain situations, other motorists may share liability. For example, if another vehicle cut off the truck, causing a collision, the other driver might also be partially responsible. New Mexico operates under a modified comparative negligence standard, meaning that if the victim is found to be partially at fault, their compensation may be reduced accordingly.

7. Government Entities

In instances where road conditions contributed to the accident, government entities may be implicated. For example, if a pothole or construction zone created hazardous driving conditions, the local government could potentially be held liable. Claims against government entities, however, are subject to strict rules and deadlines.