CALL (800) 863-5312 to talk about your accident with Santa Fe Commercial Vehicle accident lawyers
Santa Fe commercial vehicle accident lawyers help victims of car accidents that involved commercial vehicles. When commercial drivers fail to adhere to the rules of the road, their negligence can harm drivers to whom they owe a duty of care. If you were the victim of such an accident, keep reading to learn about your next steps and whether you could benefit from the help of an attorney.
Commercial vehicles come in all kinds of shapes and sizes. A flower shop might use a van to make deliveries, or a trucking company might use a semi-truck to transport goods across the country. These are only two of the many kinds of commercial vehicles used every day in Santa Fe. If you were hurt in a commercial vehicle accident with one, call a Zinda Law Group personal injury lawyer at (800) 863-5312 today and schedule your 100% free consultation.
What are the requirements to be a commercial vehicle driver?
Most often when we talk about commercial vehicles, we are referring to semi-trucks, but a commercial driver’s license (CDL) can allow a driver to operate several kinds of vehicles, including passenger vehicles, school buses, and tank vehicles.
All commercial vehicle drivers in New Mexico must have a CDL, and there are several physical, knowledge, and skill requirements that an applicant must pass to get a CDL in New Mexico. There are also multiple fees for background checks, DWI record checks, and the license fee. These requirements for obtaining a CDL help show the industry’s standard of care in a negligence case, which we will discuss in more depth later.
Preliminary Requirements
Before a driver can take steps toward getting his or her CDL, the New Mexico driver must provide the following:
- Proof of citizenship or lawful permanent residence in the United States
- Two forms of proof of physical residency in New Mexico, such as a utility bill, credit card statement, government benefits statement, etc.
- Proof of identity
- A non-commercial, New Mexico driver’s license or a valid, out-of-state CDL
- Certification of agreement with New Mexico’s motor carrier safety regulations
- Receipt of a CDL learner’s permit
Physical Requirements
Next, a driver who wishes to obtain a CDL must pass New Mexico’s physical requirements. For those, the driver must:
- Not use a Schedule 1 drug, amphetamine, or narcotic
- Have vision of 20/40 or better in both eyes together with glasses or contacts
- Have vision of 20/40 or better in each eye individually with glasses or contacts
- Have blood sugar at 200 or lower
- Have blood pressure of 160/100 or lower (with the use of prescription medication, if necessary)
- Not have diabetes which is controlled through insulin injections
- Be able to hear a forced whisper at a distance of at least five feet
Knowledge Requirements
Drivers must pass a CDL knowledge test that contains fifty multiple choice questions. These questions require a driver to be familiar with the driving laws and regulations of both New Mexico and the United States.
Skill Requirements
Finally, once a driver has successfully passed the knowledge test, the applicant may take the CDL road skills test. The test examiner checks the vehicle that the driver plans to use and verifies that the vehicle qualifies for the CDL class that the driver is attempting to obtain. The examiner also ensures that the vehicle is in a suitable condition.
The applicant must show his or her knowledge and control of the vehicle by addressing the vehicle’s features. Then, the driver demonstrates his or her understanding of road laws in practice.
Causes of commercial vehicle accidents
There are some common causes of commercial vehicle accidents that also occur in other kinds of accidents that do not involve commercial vehicles. Some examples of these common vehicle accidents include driving under the influence of drugs or alcohol; failing to take extra precautions while driving in severe weather; and disobeying traffic safety laws such as stop signs or traffic lights.
There are also causes that are more specific to commercial vehicle accidents. First, driving while fatigued is unfortunately common among truck drivers, despite federal law to prevent the unsafe practice. Drivers and trucking companies must also adhere to regular inspections and maintenance. If a driver improperly loads a truck or drives an overweight truck, there are extra risks of the trailer swaying or whipping.
legal theories in commercial vehicle cases
In car crash cases, the legal theory usually involved is negligence. The legal aspect that sets a commercial vehicle car crash case apart from other car crash cases involving negligence is the doctrine of respondeat superior, which we will discuss in the next section.
In claims for negligence, the plaintiff must prove several elements. The plaintiff must establish a duty of care that the commercial vehicle driver owed him or her and that the driver breached that duty of care. The plaintiff must also show that he or she sustained an injury for which he or she can recover and that the commercial vehicle driver caused that injury.
Standard of the Duty of Care
A legal duty of care develops out of particular relationships. Drivers typically owe each other a duty of care on the level that a reasonable person would exercise; drivers should strive to prevent foreseeable harm to themselves and other drivers. Sometimes there is a greater standard of care for professionals, or sometimes employers create standards of care by which they require their employees to abide.
In the trucking industry, employers themselves are held to standards of care regarding scheduling sleep time for employees and their procedures for loading and inspecting semi-trucks. We will discuss this duty more in the section about respondeat superior. When a person or company fails to provide the proper standard of care, that person or company might be negligent.
The Victim’s Injury
The person or company’s failure to maintain the correct standard of care must have caused you an injury for you to be able to sue under a theory of negligence. Also, the injury must be the kind for which it is possible for you to receive compensation; most physical injuries will meet that definition. If you are unsure about whether your injury would allow you to sue the commercial vehicle driver for negligence, talk to a personal injury attorney in Santa Fe.
CASE RESULTS
$1,900,000
Personal Injury
$1,010,000
Motor Vehicle Collision
$1,250,000
Motor Vehicle Collision
$1,250,000
Motor Vehicle Collision
$1,310,000
Motor Vehicle Collision
$1,400,000
Motor Vehicle Collision
$6,500,000
Wrongful Death
Respondeat superior
The doctrine of respondeat superior dictates that employers must take responsibility for the torts their employees commit within the scope of their employment. The employer itself is not negligent under the doctrine of respondeat superior; rather, the employer must take responsibility for its employee’s negligence.
However, you may have noticed when you were reading the section about the causes of commercial vehicle accidents that employers can be negligent too. They can negligently hire someone with a bad driving record, fail to enforce restrictions on driving hours, or otherwise fail to implement best industry practices.
There are further tests to determine whether respondeat superior applies, that inspect the “scope of employment” standard. These tests involve intensive fact inquiries. If you are unsure whether the commercial vehicle driver was acting within the scope of his or her employment, you might consider discussing your case with a .
Exceptions to Respondeat Superior
There are a few exceptions to the doctrine of respondeat superior. Trucking companies are not subject to the doctrine of respondeat superior when they hire individuals as independent contractors instead of as employees. Often, commercial vehicle drivers will purchase their own semi-trucks and work for themselves. In that case, victims will probably want to sue the driver’s company.
Federal workers do not fall under the doctrine of respondeat superior. Additionally, if the driver was not (or if the company can prove that the driver was not) working for the employer at the time of the incident, then the victim might only be able to sue the driver and not the company.
How can Santa Fe commercial vehicle accident lawyers near me help?
New Mexico has a statute of limitations of three years for personal injury claims, which means that victims of commercial vehicle accidents have three years starting from the day of the accident to file their complaint. You might be afraid of messing up your legal claim by missing a deadline or filing something incorrectly. An experienced personal injury attorney in Santa Fe knows these procedures by heart, so it is relatively efficient and painless to let your advocate take on such burdens for you.
Investigative Work
Things often happen quickly at the scene of the accident. Based on the severity of your injuries, you may or may not have the time or ability to gather information at the scene of the crash. If a party to the accident or a witness called 911, a peace officer will have arrived and filled out a crash report. These become public record soon after the accident and include information about the drivers and vehicles involved.
In addition to the officer’s report, you may have taken your own pictures and record of the accident, perhaps including the names and contact information of witnesses who saw the accident and the other parties involved in the accident. This will be helpful for your personal injury attorney to follow up with such witnesses and help establish favorable facts to your case.
Your lawyer can also correspond with the commercial vehicle driver, that driver’s employer, and the attorneys representing them to get the other side of the story. Your lawyer can find weaknesses in the other side’s case and begin negotiating a settlement.
Medical Reports and Bills
By the time you hire your attorney, you may have already made countless visits to doctors and received extensive treatment and billing. If you have not yet seen a doctor, you should do so as soon as possible to ensure that you have not sustained any invisible injuries; for example, if you experienced severe enough whiplash, there is a chance you could suffer from a mild traumatic brain injury. Mood changes or changes to your balance or coordination should be taken seriously and relayed to a doctor for treatment advice.
Keep a record of all of your treatment and medical bills, including diagnoses, treatment plans, follow up visits, surgeries, referrals, X-rays, and MRIs. Not only can these all be used as evidence of the economic damages you suffered as a result of your injuries, but they are also evidence of your missed wages from time off of work.
Other Litigation
Whether or not a commercial vehicle driver was negligent depends entirely on the facts of the case. The crash report alone may not give the whole story of events as they occurred. A lawyer can help you show the other parties involved that their case would not be successful at trial because the facts—based on the investigative work by your lawyer—show that the driver of the commercial vehicle was negligent.
The insurance company of the commercial vehicle driver or that driver’s employer are highly unlikely to award you full compensation if you cannot show that the other driver was negligent, and the company will look for ways to show that you were also partly at fault for the accident. Your experienced Santa Fe personal injury attorney can use evidence of deposed witnesses and defendants to combat such claims.
We already discussed how medical records are evidence of economic damages; economic damages refer to the readily calculable expenses of your injury. Personal injury victims can also receive noneconomic damages for the pain and suffering they experience from the fallout of the accident, such as psychological difficulty driving again or difficulty in caring for their families. In very serious personal injury cases, punitive damages might be awarded to punish drivers whose torts are particularly egregious.
I had the privilege of working with Zinda Law Group recently and was thoroughly impressed with the level of service and support they provided. When we began, I had reservations about the likelihood of reaching a settlement, but the team's professionalism, intelligence, and dedication quickly put those doubts to rest. They went above and beyond to ensure that I was informed and comfortable throughout the process, and their hard work and strong advocacy ultimately led to a successful outcome. I cannot thank Zinda Law Group and their staff enough for their exceptional service and support, and I would highly recommend them to anyone in need of legal assistance. Their commitment to their clients and their willingness to fight for what's right truly sets them apart. In short, I give them a rating of five stars for their outstanding work. Zinda Law Group is amazing! My husband was in an accident and they made the process super easy and hassle free. They took care of everything, we are so appreciative for them! They exceeded our expectations. We will definitely be telling everyone we know about them. Thank you Zinda Law for everything! Zinda Law Group is an amazing firm! My case was not without its challenges, but they handled it all in stride. They kept me up to date, kept me informed every step of the way, and ensured I understood the process and all of my options. Burgess, Ryan and their extremely capable staff of Paralegals made a very challenging process as painless as possible. They were kind, compassionate, and patient, and just a real pleasure to work with. I would, and will, recommend them highly to anyone needing an attorney. My experience with Zinda Law Group was pretty awesome. I definitely would recommend their Law firm. Brendan and his team were very friendly, helpful and informative about my case and were able to win as well. I really appreciate all of their hard work and dedication, I highly recommend.Thank you all again for your help and your time.Sincerely,Pat.b I was very satisfied with the professionalism of my attorney and the paralegals, they helped me threw this accident and got me a great settlement, all while keeping me involved and informed. Zinda law group made me feel comfortable and I trusted them to fight for me. The trust was well placed! Thank Yous, I appreciate all that Yous done for me and my family!! I’ve had such a great experience with Zinda law group! They’ve handled everything relatively quickly and professionally. They really have made my life a lot easier. I recommend anyone dealing with auto accidents (or similarly) to Zinda Law group.I felt I was very important to them and that my feelings and thoughts were validated. They treated me with much care and respect, not like “just another client”. I couldn’t have asked for a better team. 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I hired Zinda for a crazy situation involving an 18 wheeler where an object flew off a trailer and blasted through my windshield.I reached out to Zinda and spoke with Michael Cupero, my attorney at Zinda, after the accident once I realized this is affecting my day to day life in a significant way (PTSD from a "Final Destination" type of incident) and Michael was nothing short of fantastic through the entire process.The Zinda team, including Michael and Mary-Catherine Holt and several others, guided me through the entire process from initial settlement offers, filing the lawsuit, depositions, the whole 9.They listened to my concerns, provided clarity and perspective when needed, and not once did I feel that my best interest was not at the forefront of their actions and behavior through my experience as a client.Thank you Michael, Mary-Catherine and Zinda!If you want a team that will treat you with professionalism, respect, and understanding then do yourself a favor and reach out to Zinda! 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I appreciate it when people can come down to my level and not intimidate and use trepidation on someone in feeling like they are the fly while they're the spider waiting for the right moment for the fly to walk into its web.Neil and Shivangi always whenever they called asked me how I was at the beginning of our conversations and is there anything I needed at the end of each call. Each call they made to me, was made very professional, personable and felt heart felt as if you were part of the family. At the end of each subject matter they always asked, "Do you have any questions for me before we go to the next thing we need to talk about?" They always wanted to make sure I understood everything before the next item we needed to talk about. These guys really are good and want to please the client anyway they can I thought; when I first started talking to them. I give them above and beyond a 5-Star rating if there was such a thing. 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Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney! Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!! 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I’m so happy and thankful to Zinda law group!!!!!! Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything! Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM. I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most. Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident. Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. Not only did they explain and walked me through everything, they got me the help I needed and a final outcome over what I had expected. I would highly recommend this law firm, Jason and Mara to anyone seeking legal assistance. Highly Recommended-100% Satisfied!.From the initial phone call I felt confident I chose the right firm. They explained the process and I was always in the loop, even when we were at a stand still. Very grateful I was quickly referred to them by a friend who had a similar case. Both of us are happy with the end result. Thank you! My team of lawyer were very professional and communicated extremely clearly. They kept me updated on their status and did not make me worry at all about my situation. They explained everything to me very well and put things into simple terms for my understanding. I am very satisfied with their performance. I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group. I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm. When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field. I am so glad I got in touch with Zinda! My car accident occurred just 4 days prior to moving, during the busiest week of the year at my job, and just a week before the quarantine was declared a new reality for all of us. Everyone at Zinda remained persistent, supportive, and most of all advocated for me throughout such a chaotic time. I’ll always be grateful for the care they took to make sure my health and well-being were taken care of. So super grateful to know that a split second mistake someone else made doesn’t have to dictate my life. Thanks! My experience with Zinda Law Group was better than expected. After an accident that totalled my car, I reached out and was paired with a wonderful attorney. She communicated frequently and responded to my calls and texts in a timely manner. She was friendly, knowledgeable, and answered all of my questions. I was kept in the loop during every step of the process. I would call Zinda Law if I ever need this type of support again. I had an excellent experience working with the attorneys at Zinda Law Group! They were knowledgeable, professional and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps. I would absolutely recommend anyone working with them! They helped me with so much! I had a dog bite happen 2019 and it was very heart breaking! This law group made everything so easy to help me through a rough time! John Rogers and Shane Eckert were very easy to talk to and open about if I needed to talk about frustrations I had with bills. Everything got closed before Christmas and I was so blessed! I highly recommend them no matter what! Thank you guys so much! Zinda Law Group helped me with my personal injury case after an auto accident. I was hurt pretty badly and I wasn't sure which attorney to call, I looked at reviews for Zinda Law and called right away.Kaitlin Nares and her team were so responsive and helpful. Kaitlin called me right away and helped me navigate through a very difficult process and time in my life. Being hurt in a car accident changes you!!! My case settled for more than I thought it would, and a lot quicker. I know sometimes things are more complicated, but my case was settled in only 3 months after my accident. Mary-Catherine was also so helpful in making sure everything was finalized! I have referred two people who have recently been in auto accident because it's not IF, its WHEN these days... I usually don't write reviews unless I feel strongly about sharing my experience to help others! Thank you!!! I was referred here by a family member. Our lawyer jason and his team did and amazing job. They kept me updated in everything made sure I understood what was going on. My son was hit by a van in the hospital jason came right over. He's awesome so much down to earth straight forward. I would recommend him and his firm to everyone and I have thank you zinda but most of all thank you Jason for being there for us for being a friend Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time. Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew! ‹
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Our Zinda Law Group Santa Fe commercial vehicle accident lawyers are here to help you
Sometimes we expect commercial vehicle drivers to abide by a more rigorous safety agenda while driving because they represent the face of a company and drive more often than most other motorists. That expectation is often true, and you can find out whether the commercial vehicle driver involved in your accident must be held to a higher standard of care than an average driver on the road by letting a Zinda Law Group Santa Fe personal injury attorney research the law as it pertains to the commercial vehicle driver and his or her employer, the employee handbook, and other materials that might be relevant to your unique case.
The aftermath of a car crash can feel like a burden that makes you miss out on life. You might have new routines of doctor visits, physical therapy, and legal appointments. Victims deserve to return to the condition they were in before their accidents. If you are unsure who was at fault and who to sue in your case, we are ready to help you find out so you can recover for your injuries and move on from the accident.
At Zinda Law Group, we want you to have the chance to talk with a personal injury attorney in Santa Fe. Call (800) 863-5312 for a free consultation with one of our compassionate attorneys. We offer our clients a No Win, No Fee Guarantee to give them the confidence that they will not fall even further behind financially; that means that our clients do not pay us unless we win their cases for them.
Meetings with attorneys are available by appointment only.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
