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Truck Accidents in New Mexico and Employer Liability

Truck accidents are serious and can cause catastrophic injuries or death to anyone involved in such an accident. An overwhelming percentage of truck accidents are caused by human error -- the truck driver's error. It could be he failed to inspect the tractor-trailer properly and equipment failed. It could be that he did not gauge his ability to stay away, so he fell asleep at the wheel. It could be any number of negligent actions that led to an accident. Attorneys at Revo Smith Law do not assume that the driver is solely responsible for the accident; we investigate deeper into the matter. The trucking company could be liable, too, and if so, they should be held accountable. If you have been injured in an accident caused by a truck, you should contact Revo Smith Law today.

What are the responsibilities of a trucking company?

In New Mexico, truck accidents are a serious problem. Oil and mining companies have been hiring truck drivers in record numbers and accidents, particularly on “oil patch highways”, have increased dramatically. Along with the increase in truck accidents follows an increase in fatalities. Who is responsible? The truck driver is always the first for blame, but trucking companies can be just as responsible. They have a duty to the community to hire competent, well-trained truck drivers, not the cheapest truck drivers.

The duties of a trucking company are multifold. First, prior to hiring a truck driver, the company must review the driver's qualifications, training, safety record, driving history and employment background. Employers must review at least 3 years of the truck driver's experience and keep all information on file if the truck driver is hired. Second, the trucking company must monitor the truck driver and the truck to ensure that he is capable of driving and that the truck is in working condition per federal and state regulations. If there are incidents of the truck driver speeding, falling asleep, or other dangerous activities, the trucking company must take action to correct this behavior.

What do we do to find the trucking company responsible?

There has been a problem of a driver shortage, so some trucking companies hastily hire truckers. This practice provides immediate satisfaction to the company but may fail to provide adequate checks on the driver. There are three main steps we take to determine if a trucking company is liable.

  1. We investigate the accident. We make a thorough investigation of the accident to determine what the cause of the accident was.
  2. We investigate the driver. We want to know the driver’s training, qualifications, driving history prior to being hired and as an employee. Did he follow federal and state regulations? Were there any complaints against him?
  3. We investigate the company. We want to know what information they had on file for the driver. Did the company even keep a file on the driver? If not, this would indicate that the company may not have bothered to conduct an adequate background check. If there are files, we check to make sure they are complete, and if not, we still hold the company accountable.

As a victim of a truck accident, we want to make sure you are fully compensated for your injuries, including pain and suffering. We will work aggressively to hold all parties accountable.

Have you been injured by a truck driver?

Trucking companies are armed with their own attorneys. They are prepared to fight any claim or lawsuit. You cannot go up against these attorneys alone and unarmed. You require an experienced attorney who knows the trucking business, what technical issues to look for, and how to engage the trucking industry's attorneys. At Revo Smith Law Firm, we have the knowledge and the resources to represent our clients thoroughly and successfully. Contact Revo Smith Law today for a free consultation.