In truck accidents, truck drivers are not the only ones who are responsible for your damages. You can also hold their trucking company accountable, even if the driver was off duty. Understanding your rights in New Mexico is crucial in protecting your recovery.
Dissecting the scope of employment
In New Mexico, the courts hold employers accountable for their employees’ mistakes under the respondeat superior or vicarious liability doctrine. This involves whether the driver was acting within the scope of employment. If they were running an errand for the company or driving to a rest break site, the courts may consider these as part of the job.
Even if a judge rules that the driver was off the clock and outside the scope of employment, you may sue the company for independent negligence. Under New Mexico law, a company is directly liable if they allowed a dangerous driver on the road.
Overcoming independent contractor claims
To avoid liability, trucking corporations label their drivers as independent contractors instead of official employees. The law looks beyond titles and signed contracts, focusing on the employee-employer relationship. If the company controlled the driver’s schedule, provided the truck or dictated their routes, the law can still treat them as an employee and force the company’s high-limit insurance policy to protect you.
Challenges you can face in this injury claim
Truck accidents can be overwhelming, especially when the trucking company refuses to take responsibility. You might even feel discouraged due to the aggressive nature of the entity’s defense team, but understand that you have a pathway to move forward.
Seeking legal counsel is wise. An experienced accident attorney can help you gather a truck’s black box data and dispatch logs to further determine the fault in the collision.