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Fatal wreck on major New Mexico thoroughfare sparks lawsuit

In the wake of a fatal automobile accident involving a commercial vehicle in New Mexico, one family has filed suit against both a trucking company and the branch of the state in charge of maintaining the roads.

Although it happened some distance from Albuquerque, the accident is significant to all New Mexico residents because it was the latest in a string of serious motor vehicle accidents that have been plaguing the southeast part of the state. This area of the state has seen increased commercial traffic in recent years given the presence of the oil industry in the area. According to reports, the accident that is the subject of the lawsuit involved a commercial truck swerving in to oncoming traffic, striking a vehicle and then hitting the deceased victim's vehicle after running off and returning to the roadway.

In addition to the driver of the truck, the family has also filed suit against the owner of the truck, as well as the company that hired the driver to do work for it, even though it was not clear that the driver was the company's employee. The family also sued the New Mexico Department of Transportation, alleging that they had failed to maintain the road properly. Some reports suggested that the Department was named because the driver initially blamed the accident on a pothole in the road, although he later retracted this part of his statement.

In any event, the Department has stepped up enforcement efforts along the stretch of highway where this accident occurred. Supposedly, the Department also has plans to improve the roadway in an effort to reduce the number of accidents. But for now, the victim's family will have recourse to naming all responsible parties in their civil lawsuit, so as to have the best chance at getting adequate and fair compensation for their losses.

Source: Carlsbad Current-Argus, "Roswell family sues NMDC, trucking company, for death of son on US 285," Adrian C. Hedden, April 24, 2018.

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