A truck accident on a major New Mexico roadway can be life-changing. When you are healing from serious injuries and facing mounting medical bills, the last thing you want to hear is that the at-fault driver was an independent contractor and not a company employee. How does this impact your ability to seek the help you need?
While the distinction between an employee and an independent contractor can be complicated, it rarely stops a valid claim from progressing. In New Mexico, laws and federal regulations provide ways to hold trucking companies responsible, regardless of how they classify a driver. An experienced truck accident lawyer in Los Lunas, New Mexico can help you navigate these challenges and fight for the compensation you deserve.
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The Core of the Problem: Vicarious Liability
When a person causes a car accident, you typically file a claim against their insurance policy. With commercial vehicles, the process is different. The law allows you to hold the trucking company responsible for the actions of its driver. This concept is known as vicarious liability. It means that an employer is responsible for the negligent actions of an employee while performing their job duties.
Challenges may arise if a trucking company tries to escape responsibility by claiming the driver was an independent contractor. This claim is often a tactic to avoid liability and shift the burden to the driver, who may have a much smaller insurance policy.
How New Mexico Law Views an Independent Contractor
New Mexico courts recognize that simply calling a worker an independent contractor does not make them one. The courts examine the relationship, not just the name on a contract. The state's legal system determines if a worker is an employee or an independent contractor. The most important factor in this test is the right to control.
The court will ask if the company controls how the driver performs their work. For example, did the company dictate the driver's schedule, routes, and rest breaks? Did the company provide the truck and all the equipment? If a trucking company has a high degree of control over a driver, that driver may be considered an employee in the eyes of the law, even if their contract says otherwise.
The legal analysis does not stop there. Factors like whether the driver is in a distinct business, who supplies the tools, and how payment is made are also examined.
The Role of Federal Regulations
The state-level distinction between an independent contractor and an employee often becomes irrelevant. This is because of federal regulations that govern interstate trucking. The Federal Motor Carrier Safety Regulations (FMCSA) were designed to make our roads safer and hold trucking companies accountable.
The FMCSA treats any driver who operates a truck under a motor carrier's authority as a statutory employee of that company. The regulations eliminate the independent contractor defense for trucking companies transporting goods across state lines. Even if drivers own their trucks and call themselves independent contractors, the law still holds the trucking company responsible for their actions. This federal rule is a powerful tool to ensure companies are held accountable for their drivers' negligence.
Common Causes of Truck Accidents
Truck accidents often happen for various reasons, many of which can point to the negligence of the driver or the trucking company. Understanding what caused your crash is a critical step in building your case.
- Driver Fatigue: This is a significant cause of crashes. Truck drivers have strict hours of service regulations, but some companies pressure them to ignore these rules.
- Improper Maintenance: Companies are responsible for keeping their trucks safe and in good working order. Bad brakes, old tires, or a faulty engine part could cause a crash.
- Negligent Hiring: If a company hires a driver with a history of safety violations or reckless driving, it may be liable for putting an unqualified driver on the road.
- Improper Loading: The cargo loader can also be held responsible if the freight shifts and causes the driver to lose control of the vehicle.
Identifying the cause of the accident can strengthen your case and help you seek accountability from all responsible parties.
The Statute of Limitations in New Mexico
Every state has a time limit for filing a personal injury claim, known as the statute of limitations. In New Mexico, you have three years from the date of the accident to file a lawsuit for a truck crash. This time limit is a firm deadline; you may lose your right to pursue your claim if you miss it.
This is a key reason not to wait. Early investigation can help gather evidence that might otherwise be lost, such as the truck's black box data, driver logs, or eyewitness testimony. The trucking company and its insurance company will begin building their defense shortly after the crash, so you must start your investigation immediately.
What Our Team Can Do for You
We know that a truck accident can be a traumatic experience. The compassionate team at Gauthier & Maier Law Firm, P.C. understands your physical, emotional, and financial challenges. We are here to help you navigate the legal process carefully and confidently.
We use our experience to help people throughout New Mexico and are always ready to fight for a full recovery. When you work with us, you are not just a case number. You are at the center of a client-centered approach that prioritizes your needs and peace of mind.
If you or a loved one has been injured in a truck accident, Gauthier & Maier Law Firm, P.C. is here to offer guidance and a clear path forward. Our experienced personal injury lawyer in Los Lunas, New Mexico will investigate your case, determine who is responsible, and handle communications with the insurance companies. Call our team today for a free consultation at 505-226-3205. We are ready to listen and answer your questions.