Dust storms turn stretches of New Mexico highways into zero-visibility zones in seconds, leading to chain-reaction crashes that involve cars and big rigs alike. Just one example: in the past half-century, at least 40 lives have been lost in Lordsburg Playa along I-10, which has some of the most intense dust storms in the Chihuahuan Desert. Of the approximately 15,000 vehicles that travel the highway between Las Cruces and Arizona, about 30% are trucks that can cause devastating collisions when they can’t see.
With today’s blowing sand and strong winds reaching levels not seen since the Dust Bowl of the 1930s, New Mexico drivers put themselves at risk each time they hit the road. If you or a family member has been in a low-visibility accident, the most important thing is to get the medical help you need. Then, it’s time to figure out who is responsible for the crash and how to get the compensation you deserve.
What to Do Immediately After a New Mexico Dust Storm Crash
If at all possible, when dust limits your visibility, pull over to the side of the road and turn your lights off. This prevents other drivers from assuming you are on the road and coming up behind you. Leave your seatbelt on just in case you get hit.
If you have been involved in a low-visibility accident, it’s important to follow these steps:
- Pull off the road to avoid further injury, and stay in your vehicle.
- Call 911 and wait for first responders to arrive. Even if injuries don’t seem that bad, it’s best to get checked out by medical experts. Make sure to keep records of any ambulance or hospital bills you receive. Calling 911 will also send a police officer, who will make an accident report, which will be important for your case.
- Document the scene. It may be difficult to see other vehicles around you, but try to remember the color and make of the car or truck that hit you. License plate numbers are even better.
- Contact a personal injury attorney. Whether you have been hit by a truck or were involved in a multi-car pileup, a knowledgeable attorney will ensure that you do not get buried with medical bills from the accident. It’s important to have a lawyer by your side who can negotiate with insurance companies and seek full compensation for a complete recovery.
Who is Liable in a Multi-Car Pileup?
Just like in any inclement weather, all drivers should adjust their behavior when a dust storm is happening. If the car that hit you was speeding, following too closely, or failed to use their headlights, they can be found at fault for the accident.
Likewise, commercial truck drivers must follow protocol for driving in hazardous conditions, including:
- Ensuring that all maintenance checks are up to date so that brakes are performing as they should.
- Checking weather and road conditions ahead of time, and pulling over or rerouting if necessary.
- Increasing the following distance from 7 seconds to 14 seconds or more.
- Turning on their headlights and hazard lights.
- Turning off cruise control and being prepared to stop at any second.
In a multi-car pileup, the vehicle that started the chain reaction is usually found liable for negligence. Many times, this is a car or truck that rear-ended the vehicle in front of it, causing a collision with the vehicle in front of it, and so on. However, it is possible for two or more vehicles to share the blame.
For example, if a truck driver can’t see the car in front of him and runs into the back of it, he initially caused the accident. But if another car was following the truck too closely and hit the back of the truck, that tailgating driver could be partially at fault. New Mexico is a comparative fault state, meaning each party in an accident collects damages based on their percentage of fault. So if you are awarded $1,000 but were found to be 25% at fault, your damages would be reduced by 25 percent, leaving you with $750.
A police report will usually reconstruct the accident and cite which vehicle (or vehicles) is thought to be at fault.
When a Truck Driver Causes an Accident, Multiple Parties Could Owe Damages
If a truck driver was distracted, failed to use headlights, or was following too closely and caused an accident in a dust storm, he is legally responsible for compensating victims for their injuries. But other parties in trucking accidents can also share the blame, including:
- The Trucking Company. If the driver wasn’t properly trained for how to handle driving in dust storms, or if the trucking company pushed the driver to meet delivery deadlines despite hazardous conditions, the company can share fault.
- Maintenance Contractors. Third-party maintenance companies that sent a truck back on the road with faulty brakes, tires, or lights could be partially to blame.
- The Highway Department. If poor road conditions, such as potholes, contributed to the low-visibility accidents, the government or local municipality may be found negligent.
When it comes to who is at fault in a New Mexico dust storm accident, “but I couldn’t see” is never a valid excuse.
How a Personal Injury Attorney Can Help After a Low-Visibility Accident
When it comes to who is at fault in a New Mexico dust storm accident, “but I couldn’t see” is never a valid excuse. Truck accident victims don’t deserve to be buried with medical bills or spend weeks or months off from work. Instead, they deserve to receive a fair amount of compensation from whoever caused the pile-up.
By seeking legal advice from an experienced truck accident attorney, you can ensure you get a fair amount. Our experts at Samuel I. Kane will get to work right away:
- Obtaining police reports and records from the scene of the accident
- Speaking to witnesses who were in or near the accident
- Requesting evidence from the trucking company, such as the truck’s black box, maintenance records, and delivery schedules
Finally, we will negotiate with insurance companies, send a letter of demand, and if it comes down to it, represent you in a court of law. It’s always best to have someone on your side who’s looking out for your best interest. We don’t charge a dime for a consultation, so contact us today.