A New Mexico semi truck accident reeked havoc on Interstate 25 recently. The New Mexico truck accident occurred just outside Albuquerque near Sandia Pueblo and Bernalillo. According to witnesses at the scene, the semitruck rolled over the other vehicle tearing off its roof.

Although the New Mexico semi truck accident occurred at 10:30 PM it is difficult to speculate whether violations of any federal motor carrier act provisions contributed to the accident. Common violations include the number of hours a truck is allowed to be driven consecutively as well as weight and cargo limits.

Trucking is big business in America and so is the business of insuring New Mexico semi trucks.  New Mexico truck insurance companies will often insert highly restrictive language into their policies with truck companies that would, if enforceable, prevent a person who was injured in a truck accident from receiving compensation for his or her injuries.  Enter the MCS-90.  In order to comply with the Federal Motor Carrier Safety Act of 1980, a motor carrier (truck company) must have proof of financial responsibility, most commonly through a MCS-90 endorsement in their insurance policy.  By law, the MCS-90 is phrased very broadly, and, from the perspective of a truck injury victim, operates to erase policy exclusions that might otherwise prevent a recovery.  There are some limitations on the applicability of the endorsement: the injured party cannot have been employed by the motor carrier, and the truck driver must have been engaged in interstate, rather than intrastate, business.  Additionally, the amount of money recoverable under the MDC-90 endorsement may be less than the limits under the main policy, so a person who has been injured in a truck accident should pursue damages under both.

Bad things come in pairs.  Within minutes of a fatal New Mexico semi truck accident near Guadalupe and Torrance County, another fatal New Mexico truck accident occurred within 2 miles.  The second semi truck accident involved two separate semi trucks and happened when one semi struck another truck from behind.

New Mexico state police believe the accident was attributed to driver inattention and reported that two individuals were airlifted to University of New Mexico Hospital.

A New Mexico semi truck accident that occurred near Tucumcari resulted in a $15.3 million verdict for the injured plaintiffs.  The New Mexico semi truck accident victim sustained a severe spinal cord injury and will no doubt have enormous future medical expenses.  What makes the case unique is that although it is a New Mexico semi truck accident case, the trail occurred not in New Mexico, but rather Kansas.  The trial occurred in U.S. District Court, and had jurisdiction over the New Mexico accident.

As evidenced by the high semi truck accident verdict, the injuries were severe.  The Plaintiff had roughly $5 million in medical expenses alone.  As is common in New Mexico semi truck accident cases, the injuries are massive and the insurance often substantial.  In this particular New Mexico truck accident case, the defendant was Swift Transportation, and company that is often used by stores such as Wal-Mart.

New Mexico semi truck accidents are not only common, but all too often result in horrific injuries and often times fatalities.  It is understandable why the accidents are so severe.  The sheer size disparity between a semi truck and most passenger vehicles is huge.  Roughly 5,000 people die every year from semi truck accidents.  For every mile traveled, semi truck are responsible for more car accident fatalities than any other vehicle.  One study focusing on fatal semi truck accidents found that 98% of the time the fatality occurs in the passenger vehicle.  In addition, 6 out of every 100 semi truck accidents resulting in a fatality involved alcohol.

Certainly any accident can be serious and care must be taken to handle each injury case on its own, however, the statistics support what the New Mexico semi truck accidents at the Fine Law Firm have understood for years, that given the high rate of serious injury or fatalities, New Mexico semi truck accidents must be handled aggressively and quickly to maximize an injured victim’s recovery.

New Mexico semi truck drivers are required to follow stringent requirements when it comes to driving their big rigs.  The New Mexico truck accident blog has addressed the numerous semi truck regulations that apply, both from the state and federal level.  However, one intriguing issue for a New Mexico truck accident lawyer is when does a violation trigger to ability to recover punitive damages.

Unlike compensatory damages, New Mexico punitive damages are intended to punish the wrongdoer for his or her actions in hopes of preventing similar recurrences in the future.  One such trigger for punitive damages as they apply to semi truck accidents is when the regulations are violated for profit driven reasons.  Examples of this could include giving drivers financial incentives to drive extended hours and risk fatigue, or overloading the cargo beyond capacity to save money.  In such situations, not only is it possible that the semi truck driver’s employer may be responsible for the truck driver’s conduct, but they may also be responsible, and exposed to punitive damages in their own right.