New Mexico Personal Injury Lawyer Blog

In late April, a single-vehicle accident involving a propane truck reportedly closed State Road 122, Interstate 40, and a set of Burlington Northern Santa Fe train tracks in McKinley County. According to New Mexico State Police, the 55-year-old driver of the propane truck was speeding on State Road 122 around 11 am when he lost control of the semi and overturned near mile marker 22. Following the semi accident, the area was purportedly evaluated by a hazmat team because the full propane tank apparently began to leak. In addition, law enforcement officers allegedly found empty liquor containers in the crash wreckage. As a result, the driver of the truck was reportedly arrested on suspicion of driving while intoxicated, careless driving, and violating the state's open container law.

Alcohol-related accidents like this one are all too common throughout New Mexico. Although no one was injured in this situation, everyone who travels on the many highways and other roads located in our state is placed at risk whenever an impaired driver makes the choice to get behind the wheel of a vehicle. Semi wrecks that were caused by a drunken driver are particularly dangerous due to the sheer size and weight of such vehicles. The victim of a traffic collision that involved a big rig may be eligible to recover damages for pain and suffering, lost wages and benefits, medical costs, and any temporary or permanent disability that resulted from the crash. Certain family members of someone who died in a collision with a big rig may also be entitled to receive compensation for their loved one's funeral expenses. If you were hurt or a relative was killed by an allegedly drunk semi driver, you should contact a quality attorney to discuss your right to recovery.

Continue reading "Semi Driver Arrested for DWI Following McKinley County Propane Truck Crash " »

The Truck Safety Coalition (TSC) has reportedly combined forces with a group of individuals who were directly impacted by a crash with a tractor-trailer in an attempt to build support for additional legislation aimed at semi-truck safety. The TSC apparently met with officials from the United States Department of Transportation and members of Congress in support of the proposed Safe Highways and Infrastructure Preservation Act. The federal bill, sponsored by Senator Frank Lautenberg and Representative James McGovern, would purportedly remove existing loopholes used to transport overweight 18-wheeler loads on roadways across the nation. The proposed legislation would also allegedly freeze all current semi weight and size limits and establish a federal safety enforcement program.

According to data obtained from Citizens for Reliable and Safe Highways, more than 4,000 people in New Mexico and across the United States are killed in a collision with a tractor-trailer each year. A national survey conducted on behalf of TSC allegedly found that 68 percent of Americans oppose and 47 percent strongly oppose the use of overweight semis on the nation's roadways. In addition, 88 percent of those polled said they are opposed to paying higher taxes in order to pay for roadway damage caused by heavy tractor-trailers.

A TSC report claims New Mexico currently ranks seventh in the nation for traffic deaths involving an 18-wheeler. Sadly, more than 2,000 traffic collisions that take place in the State of New Mexico each year involve a tractor-trailer. Semi wrecks may be caused by a number of factors including fatigue, driver impairment, excessive load weights, inadequate driver training, and poor truck maintenance.

Tractor-trailer accidents are different than normal car crashes because they usually involve unique pieces of evidence that do not exist in other wrecks. For example, onboard computers often provide collision investigators with important details regarding the events that led up to a big rig crash. The victim of a traffic wreck with an 18-wheeler may be entitled to receive damages for suffering, lost wages and benefits, medical bills, pain, and any temporary or permanent disability that resulted from the incident. Certain family members of someone who was killed in a crash with a big rig may also be eligible to recover funeral expenses and additional damages. Anyone who was hurt by a negligent semi driver is advised to contact a skilled lawyer as soon as possible.

Continue reading "Safety Advocates Push for Federal Law Aimed at Reducing Severity of Truck Crashes in New Mexico, Nationwide " »

A jury in Santa Fe recently awarded the family of a man who was killed in 2010 by a semi near Carlsbad $58.5 million. The verdict, which included $47 million in punitive damages, is reportedly the largest in state history. The accident purportedly occurred when an eastbound tractor-trailer used to haul "produced water from oils wells," turned left in front of the victim's westbound pick-up truck. The victim allegedly died as a result of the injuries he sustained in the preventable crash.

Despite that the accident happened three miles east of Carlsbad, the Santa Fe-based trust company that represented the victim's estate filed the wrongful death lawsuit locally. According to the jury, punitive damages were awarded because the big rig driver was provided with inadequate training and the transport company that operated the truck had a history of safety violations. A statement released by the jury said the award was crafted to send a message to the trucking industry that a higher standard of trucker training and safety is expected by New Mexico residents.

Unfortunately, tragic big rig accidents like this one are common in New Mexico. In fact, more than 2,000 traffic collisions throughout the state every year involve a semi. In general, 18-wheeler crashes are different than simple car wrecks because they normally involve unique pieces of evidence that do not exist in other collisions. For example, computers installed onboard a semi-truck can provide accident investigators with important details regarding the events that led up to a big rig crash.

18-wheeler collisions may be caused by many factors including inadequate driver training, fatigue, impairment, excessive load weights, and poor vehicle maintenance. Individuals who were hurt in a wreck with a tractor-trailer may be eligible to receive damages for lost wages and benefits, pain, medical costs, any temporary or permanent disability that resulted from the accident, and suffering. Certain relatives of someone who lost his or her life in an accident with a semi-truck may also be entitled to recover funeral expenses and receive additional financial compensation. Anyone who was harmed by a negligent tractor-trailer driver should contact a quality attorney as soon as possible following a collision.

Continue reading "Santa Fe Jury Awards Record $58 Million in Wrongful Death Lawsuit Against Trucking Company " »

Three people died and two others were hurt in a recent head-on collision that involved a tractor-trailer on Interstate 40 near Grants. According to law enforcement authorities, the crash occurred after a big rig that was headed east unexpectedly crossed the median of the roadway near mile marker 95 and struck a westbound pick-up truck carrying three people. The driver of the pick-up, 27-year-old Devin Marine, reportedly died as a result of the injuries he sustained in the wreck. Sadly, his two passengers, 47-year-old Rick Macurio and 21-year-old Branden Macurio, were also killed in the accident.

Following the fatal head-on collision, emergency responders allegedly transported the seriously injured driver of the semi to the University of New Mexico Hospital via emergency helicopter. In addition, a passenger in the tractor-trailer was allegedly taken to Cibola General Hospital in Grants for treatment. Authorities stated the passenger was later transported to the University Hospital in Albuquerque.

After the collision, the interstate was purportedly closed in both directions for several hours while law enforcement officers investigated. Although the exact cause of the fatal crash is still under investigation, authorities reportedly do not believe alcohol played a role in the accident. The driver of the pick-up was allegedly not wearing a seat belt when he was killed. Both of his passengers, however, were reportedly wearing a safety belt when the wreck occurred.

Unfortunately, 18-wheeler crashes are common in our state. More than 2,000 traffic accidents in the State of New Mexico involve a semi each year. Tractor-trailer collisions are normally different than simple automobile wrecks because they usually involve unique pieces of evidence. Computers installed onboard a big rig can provide accident investigators with a number of important details about the events that lead up to an 18-wheeler crash. Big rig drivers are also required to maintain daily log books and other records in order to document the amount of time spent traveling each day.

Semi wrecks may be caused by many factors including driver fatigue, excessive load weights, driver impairment, and poor truck maintenance. Individuals who were hurt in a crash with a tractor-trailer may be entitled to receive damages for lost wages and benefits, the cost of their medical expenses, any temporary or permanent disability that resulted from the wreck, pain, and suffering. Certain relatives of someone who was killed in an accident with a semi may also be eligible to recover funeral expenses and receive other compensation. Anyone who was hurt by a negligent tractor-trailer driver should contact a skilled lawyer as soon as possible following a collision.

Continue reading "Three Killed, Two Hurt in Head-On Truck Collision on I-40 Near Grants " »

A fiery 18-wheeler crash east of Grants recently closed Interstate 40 in both directions and sent one man to the hospital. Emergency crews responding to the one-vehicle accident near the Sky City Casino reportedly found the overturned semi completely engulfed in flames in the median of the interstate. The big rig was carrying more than 8,000 gallons of gasoline at the time of the accident. According to New Mexico State Police Public Information Officer Robert McDonald, the driver of the tractor-trailer, 33-year-old Dennis Pritchard of Rio Rancho, was taken by ambulance to the University of New Mexico Hospital in Albuquerque with injuries that were not considered to be life threatening.

Following the crash, Interstate 40 was closed for several hours. Additionally, both sides of the freeway were damaged by flames and the speed limit on a stretch of the interstate was decreased until the roadway could be repaired. Although the cause of the incident is still under investigation, McDonald stated police officers believe Pritchard may have fallen asleep while driving. He also added that police do not believe alcohol played a role in the accident.

Luckily, no one was severely injured in this crash. Still, big rig collisions often leave victims with serious and life-altering injuries. According to the Insurance Institute for Highway Safety, nearly one-fourth of all passenger vehicle fatalities resulting from multi-vehicle crashes nationwide involve a large truck. Because semis are subject to both state and federal laws, 18-wheeler accidents can be complicated. Additionally, big rig collisions often involve unique pieces of evidence such as black boxes, on-board computers, driver logs, and other records.

Tractor trailer accidents may be caused by any number of factors including driver fatigue, inattention, and carelessness. Those who are hurt in a New Mexico truck accident may be eligible to file a claim for lost wages and benefits, medical expenses, any disability that resulted from the incident, and pain and suffering. The relatives of someone who was killed in an accident with an 18-wheeler may also be entitled to recover funeral expenses and receive other damages. An experienced truck accident lawyer can explain your options for recovery.

Continue reading "Fiery Semi Crash Sends Driver to Albuquerque Hospital and Closes Interstate 40 Near Grants for Hours " »

In late September, a New Mexico State Police officer was hurt in a rollover accident south of Roswell after he allegedly attempted to avoid a head-on collision with a semi on State Route 249. At the time of the accident, Lieutenant Javier Moncada was patrolling for speeders in Lea County. When the 39-year-old law enforcement officer crested a hill, he reportedly found himself facing a tractor-trailer traveling in the wrong lane and headed straight for him. Moncada stated he left the roadway when he swerved to the right in an effort to avoid hitting the semi head-on. The State Police officer’s vehicle rolled at least three times before coming to a stop upside down in the brush on the side of the roadway.

The driver of the semi allegedly continued on towards Hagerman without stopping. According to New Mexico State Police Sergeant Lawrence Murray, other motorists on the roadway notified authorities about the accident. Following the accident, Moncada reportedly cut his safety belt and crawled out of the wrecked police vehicle. Emergency rescue crews transported the police officer to a Roswell hospital for treatment of the head, back, and neck injuries he purportedly sustained in the accident. Although the crash is currently under investigation, State Police investigators do not believe speed played a role in the incident.

Every year, more than 2,000 crashes involving big rigs occur throughout New Mexico. 18-wheeler accidents are different than typical automobile crashes because they often involve unique pieces of evidence. For example, on board computers can provide investigators with important details about the events that lead up to a semi crash. Also, big rig drivers must maintain log books and other records to document the amount of time they spend on the road each day. Tractor-trailer accidents are often caused by drunk or impaired driving, driver fatigue, excessive load weights, and poor truck maintenance.

If you were hurt by a negligent tractor-trailer driver, you may be eligible to recover financial compensation from the driver’s employer. In the State of New Mexico, truck accident victims may receive financial compensation for their pain, suffering, medical costs, lost wages, any temporary or permanent disability, and other damages. Anyone who was injured by a negligent semi driver should contact an experienced lawyer as soon as possible following the accident.

Continue reading "New Mexico State Police Officer Hurt Dodging Semi on Route 249 South of Roswell " »

A recent semi truck accident has left an impact on numerous families as it has caused multiple deaths and serious injuries. The truck accident happened on Interstate 40 near Santa Rosa and US 84.

According to reports, a semi truck driver struck a passenger car causing the death of of the driver and then crossed a median into oncoming Interstate 40 traffic which resulted in another fiery crash with a different semi truck.

Had this New Mexico semi truck accident occurred during the winter months one would suspect poor weather was the cause, however, for the accident to occur in August, it is difficult to imagine what exactly the driver was doing that caused the accident.

Ofter times a semi truck driver's conduct is managed by various trucking regulations and it seems very likely that some of these truck regulations were violated immediately prior to the accident, as well as some of New Mexico's traffic regulations.

Last week, a semi truck driver was hurt in New Mexico and traffic was backed up for hours after two 18-wheelers crashed on eastbound Interstate 10 near mile marker 155 in Vado. According to an accident witness, Jorge Robles, the collision occurred after a white 18-wheeler attempted to merge onto the interstate directly in the path of a blue semi carrying a load of green chiles and watermelons. According to Robles, the driver of the blue semi attempted to avoid the collision by slamming on his brakes. The vehicle’s tires reportedly began to smoke as the driver tried to slow the truck. The blue truck was allegedly unable to stop, however, and struck the rear left side of the white 18-wheeler. According to Robles, the blue semi then flipped and his load of produce was spread across the roadway.

The driver of the blue 18-wheeler, 41-year-old Luchann Cunningham of Freeman, Virginia, was reportedly severely injured in the crash. Although an emergency helicopter was initially summoned, he was taken to University Medical Center in El Paso by ambulance. The other driver, a 51-year-old Arizona man, was not hurt in the collision. Additionally, a 41-year-old police officer collapsed while working at the scene of the accident. Lt. Robert Potter was transported to Memorial Medical Center in Las Cruces where he later died as a result of a massive heart attack. Following the accident, New Mexico State Police closed the roadway for several hours so the produce could be removed from the freeway.

Each year, more than 2,000 collisions involving semi trucks occur in the State of New Mexico. Big rig crashes are normally caused by driver fatigue, defective brakes, excessive load weights, and drunk or impaired driving. New Mexico 18-wheeler accidents are unusual as they often involve unique pieces of evidence. For example, black boxes and on board computers can provide investigators with significant details regarding the events that lead up to a truck crash. Additionally, drivers are required to maintain log books and other records to document the amount of time they spend on the road each day.

If the driver of an 18-wheeler acted negligently, you may be able to recover financial compensation from his or her employer for any injuries you sustain as a result. Truck accident victims may be awarded damages for their suffering, pain, medical expenses, lost wages, and any temporary or permanent disability. Despite that the victim in a New Mexico semi truck accident has up to three years to file a lawsuit, anyone injured by an 18-wheeler should discuss their case with a capable attorney as soon as possible following the accident.

Continue reading "Driver Hurt in 18-Wheeler Crash on I-10 Near Vado " »

Details are emerging from New Mexico's latest fatal accident on Highway 70 in Chaves County outside of Roswell, New Mexico. According to initial reports, the wrongful death accident occurred when a semi truck driver was not paying attention and was overly fatigued and struck a cement truck.

Making matters worse, 2 brothers were in the cement truck at the time, Fred and Ronald Anthony. Sadly, both individuals passed away.

New Mexico semitruck accidents are often times unique claims that operate under specific laws. First, New Mexico semitruck accidents often times involved unique pieces of evidence that may not exist in other cases. For example, black boxes and on board computers often provide significant details of the facts leading up to a collision. In addition, as would be important in this case, driver logs and records and document how long a semi truck driver has been driving and whether such conduct exceeds federal standards.

In addition, by their very nature, these accidents generally occur when a negligent driver is operating a vehicle while on the clock. In these situations it may allow the accident victims to recover compensation not just from any applicable insurance policy, but also from the significant assets held by the company that employs the negligent driver.

Last week, an unidentified woman was struck by an 18-wheeler and killed on Interstate 10 near Deming. According to the New Mexico State Police, an emergency call came in around 1:30 am on June 18th. The caller reportedly stated a pedestrian was hit by an eastbound semi-truck on I-10 near Exit 81. The first responding officer discovered a deceased woman in the roadway.

The semi-truck driver, 51-year-old Kelly Swafford, was reportedly unaware he struck anyone. He stated that he thought his truck blew a tire, and pulled off of the road in order to inspect the damage. After he saw the front of the truck was damaged and found a boot and another personal item wedged into the truck’s grill, Swafford notified law enforcement officers that he believed he hit someone. Swafford allegedly told a representative from the New Mexico State Police that he was eating chips at the time of the accident and may not have had his eyes on the road at the time of the impact. A report filed by the Luna County Sheriff's Office, who helped provide traffic control following the crash, stated the boot stuck in Swafford’s truck matched a boot found near Exit 81. According to the New Mexico State Patrol, the accident is currently under investigation and the driver of the 18-wheeler was not detained.

It is common to see semi-trucks on roadways throughout New Mexico. 18-wheelers are an especially familiar feature of the landscape as you approach Interstates 10, 25, and 40. Too often, these big rigs cause accidents that can leave victims with serious or fatal injuries. Every year, more than 2,000 collisions involving 18-wheelers occur in New Mexico. Big rig accidents are caused by a number of factors including driver fatigue, excessive load weights, defective brakes, and impaired driving. Unfortunately, one of the most common causes for such accidents is an inattentive driver, as was apparently the case here.

Truck accident victims may be eligible to receive financial compensation for their pain, suffering, lost wages, disability, and medical expenses. The close relatives of someone killed by a semi-truck driver may also be eligible to recover funeral expenses and other damages. Although the victim in a New Mexico truck accident has up to three years to file a case, it is important to speak with a qualified attorney as soon as possible in order to protect your legal rights.

A wrongful death case involves a fatality caused by the negligence or inattentiveness of another person. In New Mexico, a case for wrongful death must be brought by a representative of the plaintiff’s estate. Because of this, choosing a personal representative is often the first step in proceeding with a wrongful death case. If you lost a family member in an accident caused by someone else, an experienced Albuquerque wrongful death lawyer can discuss the process for filing your claim with you in more detail.

Continue reading "Pedestrian Killed by 18-Wheeler on I-10 Near Deming " »

A cement truck driver who was involved in a recent fatal accident in Clovis stated he was attempting to avoid a collision when he lost control of the vehicle and it rolled. According to an accident report, 32-year-old Guadalupe Lopez allegedly told law enforcement officers he was headed north on Norris Street in a Mack truck with a concrete mixer attached when he noticed a vehicle in front of him was stopped at a traffic signal. Lopez reportedly steered the fully loaded cement truck to the right in an effort to avoid hitting the stopped vehicle. Instead, the cement truck overturned and rolled on top of a two-door 2011 Toyota driven by 54-year-old Shirley Garcia as she slowed to make a turn at the upcoming intersection. Garcia’s passenger, 29-year-old Crystal Sutherland, died at the scene of the crash. Garcia and another passenger, Susan Trujillo, were taken to Plains Regional Medical Center for non-life threatening injuries.

The exact cause of the crash is currently under investigation by the Clovis Police Department’s Major Crash Reconstruction Team. According to Police Captain Patrick Whitney, the cement truck owned by Griego and Sons Concrete rolled due to a combination of a high center of gravity and hitting a curb. The weight of the concrete also reportedly contributed to the incident. Although neither driver was suspected of being under the influence of drugs or alcohol at the time of the crash, both drivers submitted to voluntary toxicology testing. Captain Whitney refused to say whether either driver will be charged as a result of the fatal collision.

An automobile accident can occur unexpectedly, at any time. Unfortunately, the injuries that often result from a car crash can be devastating. If you were hurt by a reckless, negligent, or careless driver, you may be eligible to receive compensation for your medical expenses, suffering, pain, lost wages, any resulting disability, and a variety of other damages. If your close relative was tragically killed in a New Mexico car or truck accident, you may also be eligible to file a wrongful death claim in order to relieve some of your financial burden. A qualified New Mexico truck accident attorney can help.

Continue reading "Cement Truck Driver in Fatal Clovis Accident Reportedly Tried to Avoid Collision " »

A recent Carlsbad semi truck accident seems to belong in Hollywood rather than the streets of New Mexico. The tanker truck accident occurred on State Road 128 (Jal Highway) when two semi trucks collided head on. Both trucks were tanker trucks and believed to be carrying full loads. The head-on accident has claimed the life of one Carlsbad resident, and resulted in critical injuries to an El Paso man.

As is true with all New Mexico semi truck accidents, one of the most common problems that arrise is the need to preserve crucial evidence such as black boxes and data records before they are wiped clean. Sadly, many accident victims and their mourning families overlook these pressing needs and occasionally experience a weaker case as a result.

New Mexico’s most recent fatal truck accident occurred on US 54 and involved vehicles from Wisconsin and Minnesota. Initial reports suggest that the accident began near Nara Visa when two passenger vehicles collided and were subsequently hit by a semi truck. The New Mexico truck accident has left a man and a woman dead and two others in critical condition.

Multiple impact car crashes such as this can become very complex, very quickly. Under New Mexico accident law, each driver is responsible for his or her own actions and the damages that are caused. For example, even though the semi-truck did not start this particular New Mexico truck accident, the driver could still be accountable of any of his driving contributed to the second accident. Similarly, the vehicle that was struck by both the first car and the semi truck may be allowed to pursue claims against both insurance carriers.

As is true in any New Mexico wrongful death case, the prospect of financial recovery offers no consolation for the families of those involved, but nonetheless, we have seen recovery used to improve the quality of life for the victims loved ones.

A freak semi truck accident recently claimed the life of a Bernalillo County Sheriff’s Deputy. The accident occurred when one vehicle apparently negligently pulled out of a gas station causing a semi truck to take evasive action. In doing so, the semi truck collided with the Bernalillo Sheriff Deputy’s unmarked car.

According to initial reports, the fatal car accident involving the deputy was caused by a German national in town for a local conference. This wrongful death accident not only claimed the valued life of a New Mexico law enforcement member, but was triggered by a simple lapse in attention.

One unique issue is whether, in an accident such as this, New Mexico law would apply to a wrongful death suit. As with any New Mexico wrongful death case there may be recovery available to the family of the victim, however, in this situation, the litigation may take a complex path through New Mexico law, truck accident law, and even German law.

For the time being, the New Mexico law enforcement community is left grieving the loss of one of its respected brothers.

New Mexico semi truck accidents can cause devastating injuries. On such semi truck accident recently occurred in New Mexico on I-40 at the line between Guadalupe County and Torrance County near Clines Corners.

The semi truck accident occurred when a tandem semi truck operated by Fed-Ex hit a family moving from California to Texas. Most devastating, the semi crash resulted in the death of two people, a woman and her eight month old grandson.

The semi truck accident brings to light a common question that people ask a New Mexico truck accident lawyer, “Is there any more that can be recovered from a semi truck driver than a driver of a passenger vehicle.” The answer, many times, is “yes”.

First, New Mexico insurance law requires that any commercial vehicle, including semi trucks, must carry a higher minimum level of insurance. While a passenger vehicle must be insured for $25,000, a commercial vehicle, such as a FedEx semitruck, must have $1 million in insurance. In addition, there are a couple questions that come to mind regarding this particular accident. Considering it occurred at 11:30 PM, it raises the question of whether driver fatigue contributed to the semi accident. New Mexico semi truck regulations place strict guidelines on how many hours a semi truck can be driven and how many hours the operator must sleep. Often times these truck regulations are ignored and drivers operate under heavy medication or narcotics to stay awake at the wheel, albeit at an altered state.

Another fact that this tragic semi truck accident brings to light is that it is neccessary for the accident victims to take immediate action to preserve the case. Crucial pieces of information such as recording devices and logs must be preserved so that the evidence can be carefully analyzed. Failure to act quickly to preserve these items may result in their destruction.

In the event that any New Mexico semi-truck regulations were ignored, or the driver caused the accident beyond mere negligence, there could be exposure to substantial punitive damages for which it is likely FedEx has viable assets. Although no amount is enough to reverse such an accident, it is nonetheless important to make sure rights are protected.