When a fully loaded semi-truck loses control on a New Mexico mountain pass—like Raton Pass —the results are often catastrophic, and the legal landscape can be complex and challenging. While truck drivers can be held responsible for driving erratically, the trucking company, along with maintenance contractors and manufacturers, may also be liable. 

If you or a loved one has been in a truck accident, you likely have medical bills and lost wages adding up. It pays to know who to go after for compensation, and how a knowledgeable truck accident attorney can help.  

What Causes Truck Accidents on New Mexico’s Steep Terrain?

It takes a considerable amount of focus and control to safely maneuver an 80,000-pound truck — even on a flat highway. When driving on narrow winding mountainous stretches such as Interstate 40 through busy areas like Albuquerque and Tucumcari, a quick elevation change poses significant challenges. Truck drivers must use proper braking techniques, or they can gain speed too quickly and run into other vehicles, especially if no runaway ramps are available.

If, for any reason, a truck doesn’t slow down upon an incline, an accident is likely to happen. Several things can lead to truck accidents on a New Mexico mountain pass:

• A truck driver is distracted, intoxicated, fatigued, or speeding, preventing them from braking in time.
• An improperly loaded trailer throws the truck off balance, making it difficult for the driver to slow down.
• A mechanical failure in the braking system causes loss of control. 
• Ice, snow, or rain make it difficult for truck drivers to brake. 

Who is Responsible for Truck Accidents on Mountain Roads?

Multiple parties may hold legal responsibility for mistakes that lead to truck accidents, including:  

The Trucking Company

The trucking company must properly train drivers for mountainous conditions. If they neglected to do so and the driver was unaware of how to handle the truck on a steep grade, the company could be found liable. The trucking company can also be proven negligent if it overscheduled the driver, leading to fatigue that caused the accident, or neglected to perform critical maintenance like brake checks. 

The Truck Driver

While the trucking company bears responsibility for training drivers, it’s the driver’s obligation to follow safety protocol while en route. If the truck driver causes an accident because they are under the influence of drugs or alcohol, speeding, texting, or driving too fast in challenging conditions, they are at least partially to blame.

Third-Party Maintenance Providers

If the truck has recently undergone a safety check by a maintenance contractor, and that contractor failed to detect faulty brakes or another mechanical issue that led to the accident, they may be partially at fault. 

An Auto Parts Manufacturer

If the brakes or any other mechanical part of the truck stopped working properly and that prevented the driver from operating the truck safely, the manufacturer of the faulty part could be held partially responsible. 

The Devastating Effects of Truck Accidents on Mountain Roads

A fully loaded commercial truck can weigh 20 to 30 times more than a passenger car, drastically affecting its stopping distance, impact force, and overall maneuverability. When a truck overtakes a smaller vehicle on a mountain pass, the smaller vehicle bears the brunt of the impact, leading to catastrophic damage and serious or fatal injuries. 

Multiple types of accidents can happen when trucks lose control on steep terrain, including: 

Underride – If a trucker tries to make it over to a runaway ramp without looking for smaller vehicles in adjacent lanes, smaller vehicles can get trapped under the truck’s trailer. Underrides often result in severe injuries or fatalities for the driver of the smaller vehicle. 

Jackknife – As the driver loses control when descending too quickly, the trailer and cab can fold in half, causing the trailer to cross multiple lanes of traffic. 

Rollover – This often happens when trucks are improperly loaded. If the truck starts going too fast and its center of gravity is off-balance, the truck can rollover. This can be deadly to the truck driver as well as to drivers of surrounding vehicles. 

Creating a Legal Case 

Because truck accidents are likely to cause injuries requiring months to years of recovery, or even death, victims and their families deserve a considerable amount of compensation. That amount can come from the multiple liable parties listed above. In addition, Federal regulations govern commercial vehicles through the Federal Motor Carrier Safety Administration (FMCSA), adding layers of compliance issues.  

This creates a complex case that requires legal expertise beyond average car accidents.  Trucking companies, their vendor partners, and the FMCSA often have legal teams and insurance adjusters dedicated to minimizing their financial responsibility. Upon hearing of an accident, they deploy rapid response teams to the scene to start building a defense.

In addition, insurance policies involved in trucking are much different from personal vehicle policies. Commercial trucks carry much higher policy limits due to the potential for severe damage and injuries. While more funds may be available for compensation, accessing these funds can be difficult. A knowledgeable truck accident attorney knows all the rules and regulations to go up against these entities to seek the full amount you are owed. 

What if I am Partially at Fault in a Truck Accident?

New Mexico operates under a “pure comparative negligence” system, which means you can seek compensation even if you played a part in causing the accident. While your recovery amount will be reduced by your percentage of fault, it’s still highly beneficial to seek damages from the other parties involved. 

Contact Our Attorneys Right Away 

Too many times, we have seen victims of truck accidents find themselves up against large corporations and insurance companies with vast resources. These entities only aim to protect their interests and do everything they can to minimize payout amounts. By hiring a truck accident attorney who has years of experience with cases like yours, you can ensure your rights are protected and that you receive fair compensation from all parties involved. There is no cost for a consultation, so contact us today for free.