What Are Negligent Entrustment And Vicarious Liability?

Vicarious liability and negligent entrustment relate to the liability of one party for an accident that another party causes. These legal theories may come into play if someone loans a vehicle to a friend who is known to be a bad driver. They could also come into play if the employee of a company causes a car accident while on duty.

Let’s take a look some examples of negligent entrustment and vicarious liability in the context of motor vehicle accidents.

When someone loans a vehicle to a poor driver

When someone loans a car to a bad driver, the person who loans the car assumes a certain amount of responsibility for what happens. Let’s say a vehicle owner give his car to a friend who has a record of drunk driving violations. If the driver causes a crash while intoxicated, he or she will likely be liable for what happens, but the person who loaned the car may also be liable.

Parents may also be liable for damages that their children cause when they borrow a vehicle. In this respect, parents have a duty to make sure their children have matured enough, and have the necessary driving skills, to drive responsibly.

When a company hires a driver

Companies that employ drivers for any number of reasons will probably be liable if their employee causes a crash. This relates to the legal theory of vicarious liability. If an employer asks a worker to perform a task as the employer’s agent, then the employer will assume responsibility if the worker causes damages in course and scope of performing that task.

Vicarious liability would come into play in the simplest of car accidents. Imagine an employee driving to the post office causes a collision, and the accident was the employee’s fault. Only in rare cases will the employer not be liable — for example, if the employee was drunk or acting in a manner that was unlawful or grossly negligent.

Does vicarious liability or negligent entrustment play a role in your case?

Personal injury plaintiffs can use vicarious liability and negligent entrustment to identify all potentially negligent parties after a car or semitruck accident. When a plaintiff can identify more defendants, he or she will have a better chance of obtaining a successful financial recovery.

Why Drivers Should Beware Of Fallen Leaves

Many of our readers are no doubt planning on an autumn drive through the areas of New Mexico where our fall foliage is at its most spectacular. However, when the leaves start falling, they can pose potential dangers for drivers as well as bicyclists and pedestrians.

Most drivers don’t think anything of driving over some leaves that have fallen onto the road. However, as one official with the Automobile Association of America (AAA) notes, “Wet leaves can be as slippery as a sheet of ice.” Whether they have been dampened by rain or a nearby sprinkler system, leaves in the road can be wet — and dangerous.

Even dry leaves can cause driving hazards. Piles of leaves can cover potholes and other road hazards. By unexpectedly hitting a speed bump, a driver can go out of control and cause an accident.

Potholes can also cause serious tire and suspension damage that can cause a vehicle to lose control at an unexpected moment. Therefore, it’s best to avoid driving over leaves in the road if possible or at least slowing down if you can’t avoid them.

Even parking on or near a pile of leaves is unadvisable. A pile of leaves near a curb can attract animals and even small children.

Leaves can also wreak havoc with your car’s exhaust system — particularly if it’s old or out of repair. That’s a recipe for a fire.

Exercising some extra caution around fallen leaves can help you avoid crashes. Of course, we can’t control other drivers’ actions. If you’re injured by another driver, you should find out about your legal options for seeking compensation to help you cover medical bills and other damages.

Dog Bites: Know What To Do To Avoid And Treat Wounds

Dog bites are dangerous not only because of the physical damage they cause but also because of the potential for infection. Even if a bite seems minor, the wound may become infected and lead to severe illness. Some bacteria and viruses even have the potential to cause death if they infect a patient and the patient isn’t treated.

Preventing dog bites isn’t always possible. It’s hard to predict when a pet might run away or when a dog is at large. Strays do sometimes bite, but it’s more common for people to suffer bites from known animals. Even then, the risk for infection is high.

How can you reduce the chance of a dog bite in your home?

If you allow people to visit with their pets, be aware of the pet’s disposition. If the dog appears nervous or aggressive, ask to separate it from the people in the home. If the dog is eating or feeding puppies, don’t approach it.

Remember never to leave children alone with dogs, even if they’re well-known pets. A dog might normally not bite, but one that isn’t feeling well or that gets annoyed or injured by a child may snap and bite out of reflex. Teach your children not to scream or run around dogs, since those actions could lead to the dog “hunting” the individual and causing an injury.

What should you do if a bite does occur?

If you or your child are bitten, seek immediate treatment. Place a clean towel over the wound and keep the injured area elevated above the heart. Call for emergency care for deep wounds or those that bleed heavily. For others, wash the bite with soap and water, then call for an appointment or go to a local emergency room.

Not all dog bites are preventable, but it’s still the responsibility of the owner to cover the expenses you accrue. Owners are liable for the actions of their pets.

State Officials Debate Median Installation On U.S. 550

Most Albuquerque residents have driven some portion of U.S. 550. It runs from just north of the city up to Colorado.

For most of the New Mexico stretch of the four-lane highway, the north- and southbound lanes have only a paved median separating them. There have been several fatal crashes on U.S. 550 resulting from vehicles crossing over the 6-foot paved median. The only other major highway in the state with more deaths is Interstate 40, which carries more traffic.

A study conducted by an engineering and consulting company proposed installing a cable or concrete median to better separate northbound and southbound vehicles. The estimated cost for a cable barrier is $16 million, while a concrete one would run about $92 million. The study suggested that the state may want to try less costly measures such as warning signs and lighting first.

New Mexico’s Transportation Secretary Tom Church said this summer that a median barrier was a viable option to improve safety on U.S. 550. However, in a recent hearing held by state lawmakers, an official who works for the state Department of Transportation said that a barrier wasn’t feasible because the median isn’t wide enough. He also said that it would prevent motorists from being able to make turns along the route. He told lawmakers, “There are still crashes that happen on divided highways. I wouldn’t draw the conclusion that one is better.”

Although U.S. 550 was widened back in 2001, the 6-ft. median is well below the minimum width of 30 feet recommended by the Federal Highway Administration (FHA) back in 1993. While the FHA linked narrower medians to increased crashes, one New Mexico state senator said that drunk and distracted driving are the culprits behind many crashes. He said, “I don’t think it’s the road that is the problem.”

If you’ve been the victim of a car crash, it’s essential to determine the cause. At-fault drivers who are under the influence or otherwise distracted can be held civilly as well as criminally liable. However, if a crash or other incident occurred because a city, county or other government entity didn’t take proper safety precautions, it may be possible to seek damages from them as well. A New Mexico car accident attorney can discuss your legal options with you.

When Is A Property Owner Responsible For Your Injuries?

Property owners have a responsibility to protect the safety of those who come on their property to the best of their ability. This means working to prevent hazards that can cause trips, slips and falls.

It also requires taking measures to prevent thefts, assaults and other crimes against those on your property, through proper security measures including lighting, cameras, alarms and security personnel.

Of course, providing adequate protection against fire and a clearly-marked, safe, accessible route out of the building if a fire or other emergency occurs is necessary as well.

If you’ve tripped or slipped and been injured by a fall on a premises, you may be inclined to blame yourself and your own clumsiness. However, it’s important to consider these issues:

  • Was there an uneven surface or change in elevation that wasn’t properly marked?
  • Was there a hole or other imperfection in the floor or carpet that caused you to trip?
  • Was the floor wet or otherwise slippery or sticky?
  • Was there adequate lighting to be able to see where you were walking?
  • Was there snow, ice, fallen tree branches or other weather-related conditions that should have been cleared?

If you or a loved one has been injured in a fall on a premises, whether public or private, and you believe that the injury could have been prevented by the property owner, renter or manager, you may find it worthwhile to consult with an experienced New Mexico personal injury attorney. He or she can help you determine whether you can and should seek compensation to help cover medical treatment, lost wages and other expenses that you’ve incurred.

New Mexico Teacher Arrested For Wrong Way Drunk Driving Crash

A 41-year-old New Mexico science teacher with two previous DWI convictions and another DWI arrest is facing charges once again for a crash in April that injured two teens on Highway 84/285 between Espanola and Santa Fe.

According to New Mexico State Police, the man was driving the wrong way in his pick-up truck on the busy highway near the Buffalo Thunder exit on a Friday night. An officer followed him, trying to get him to stop, but to no avail.

The head-on crash left the wrong-way driver, who teaches science at the Santa Fe Indian School, pinned under his truck. Officers allegedly found a bottle of whiskey in the truck.

The two young women in the other vehicle, a Volkswagen Passat, were transported to the hospital, where they were placed in intensive care. The driver of the Passat had to be pried out from behind the wheel with a chainsaw by first responders.

Dramatic police dash cam video shown captured the chain of events, including the truck going the wrong way, the crash and the recovery efforts.

The teacher was charged with two counts of DWI causing great bodily harm. He is currently under house arrest pending trial, except to go to work. It was not reported whether he has been suspended from his position at the school.

Both women would end up in intensive care, but would survive. Witnesses then told police what they saw happened.

No matter how carefully we drive, we can be helpless in the face of a drunk and/or reckless driver. Although an at-fault driver can face serious criminal charges for his or her actions, victims and surviving family members can also take civil legal action to seek compensation for medical treatment, lost wages and other damages. It’s wise to explore your options with an experienced New Mexico personal injury attorney.

 

Source: KRQE 13, “Santa Fe teacher accused of wrong way DWI crash,” Jeannie Nguyen, Sep. 14, 2017

Protect Your Kids From Dog Bites On Halloween

Halloween is one of the funnest nights of the year for kids. However, it can be scary and confusing for dogs. Hearing the doorbell ring for hours on end can send them into a frenzy. The opening and closing of the front door gives them ample opportunity to make a break for it and find out what’s going on.

Some dogs, unfortunately, get tied to a tree or fenced in on Halloween night, which can make them aggressive if they manage to break free.

That’s why it’s essential to be careful around any dog that you encounter while you’re trick-or-treating. A lot of dog bites occur on Halloween. Even a friendly neighborhood dog may not recognize your child behind a mask and costume, wielding a wand or light saber. It may think that you’re there to attack its family.

Dog guardians should take care to keep their dogs safely tucked away in their home where they can’t escape or even encounter visitors at the door. However, if you and your little ones run into a dog whose people have not been so responsible, there are ways to protect yourselves:

  • Don’t approach any dog, even one you know.
  • If you encounter a dog out with its person, ask before you or your children do any petting.
  • If you come upon a dog that is loose, don’t look at it. That’s considered a challenge in dog language.
  • If a dog knocks your child to the ground, instruct him or her to roll up into a ball. The face is often the first thing a dog will go for.
  • If a strange dog approaches, remember the instruction, “Be a Tree.” Everyone should stand still and be quiet. The more movement and sound a dog hears, the more it will be likely to attack.

If you or your children suffer a dog bite or attack, you should seek medical treatment. Dog bites can be particularly serious for children, who are more likely to suffer injuries to their faces than adults are. Then, it may be wise to consult with a New Mexico personal injury attorney who can help you seek compensation for any required medical care and other damages.

 

Source: 2 Dawg Nite, “9 Tips to Prevent Dog Bites on Halloween,” accessed Sep. 19, 2017

Maternal Mortality Rate Linked To Failures In Nurses’ Training

Many people may be surprised to learn that the mortality rate for women who give birth is higher in the U.S. than in any other affluent country in the world. There are many reasons for that, including, one could argue, a serious inequality in the care that women of different economic statuses receive. Maternal mortality rates, according to the Centers for Disease Control and Prevention, are highest among women who live in rural areas and those who are African-American.

Some 700 to 900 women lose their lives every year in this country during pregnancy or childbirth. Sadly, more than half of these deaths are preventable.

One reason, according to a study just published in MCN: The American Journal of Maternal/Child Nursing, is that postpartum nurses are not properly educated in the potential dangers to new mothers. Therefore, they’re not able to recognize what should be alarming symptoms or to tell their patients what symptoms are potentially dangerous.

These include headaches, breathing problems, heavy bleeding and painful swelling. While no woman feels physically comfortable just after giving birth, these symptoms can be indications of potentially serious and even fatal issues.

A survey of nurses found that on average they only spend about 10 minutes, if that, talking to new mothers about potentially dangerous symptoms. The survey also found that few nurses realized that heart failure accounted for over 25 percent of postpartum deaths.

Women are at least under medical supervision while they’re in the hospital. However, in the U.S., the average hospital stay for a new mother is just two days. Once they go home, they’re likely consumed with caring for their new child and paying less attention to their own health. If they don’t know what symptoms to be concerned about, they may not notify their doctors.

Numerous complications can occur before, during and after giving birth that can cause harm and even death to women. However, as noted, too often, this is preventable. If you believe that you or a loved one was not properly cared for by medical professionals during this crucial time, it’s wise to consult with a New Mexico personal injury attorney to find out what your legal options are.

 

Source: National Public Radio, “Many Nurses Lack Knowledge Of Health Risks To Mothers After Childbirth,” Nina Martin, ProPublica, accessed Sep. 14, 2017

Do You Know The Top Causes Of Truck Accidents?

On behalf of Law Firm of Alexander D. Crecca, PC posted in blog on Wednesday, September 13, 2017.

As you drive on the many highways throughout the state of New Mexico, you know that you will often be in close proximity to commercial vehicles, such as large trucks and buses.

It’s easy to believe that you will never be involved in an accident with a truck, but it’s impossible to know what the future will bring. Even if you are driving safely, a trucker may make a mistake that leads to a crash.

Here are some of the many causes of commercial truck accidents:

  • Reckless driving. From speeding to swerving, any form of reckless driving can cause a serious accident.
  • Lack of training. It’s not easy to drive a large commercial truck. Every trucker should receive the proper training before taking to the road.
  • System of compensation that promotes faster vehicle speed. When a trucking company pays more for getting the job done faster, it’s only natural for a trucker to speed.
  • Drowsy driving. Truckers are often on the road for many hours at a time. If a person neglects to take a break, it’s possible that he or she could fall asleep at the wheel.
  • Driving under the influence. Driving under the influence of alcohol, drugs or prescription drugs can increase the likelihood of an accident.

These are among the most common causes of truck accidents, but this is not a complete list. There are many other reasons why a trucker could strike your vehicle, thus putting you in a bad position.

If you find yourself dealing with the aftermath of a truck accident, your health and well being should always come first. You must also take the time to learn more about your legal rights, as you may be in position to receive compensation for your injuries and other damages resulting from the accident.

Why Nurses Are Increasingly Victims Of Violence

At hospitals here in New Mexico and across the country, nurses face workplace dangers every day, from lifting heavy patients to contact with contaminants. They’re also at risk of being the victims of violence.

We all recently saw the disturbing video of a Utah nurse who was violently arrested by police when she refused to take a blood sample from an unconscious patient. The perpetrators of violence can be patients, visitors and even other medical professionals. This June, a disgruntled New York City physician fatally shot another doctor and injured several others at the hospital where he worked before he shot himself to death.

The problem of violence against hospital personnel seems to be getting worse. According to the Occupational Safety and Health Administration (OSHA), from 2011 to 2013, close to three-quarters of all workplace assaults happened in health care facilities. In 2015, according to other government statistics, the rate of hospital workers injured was five times that for all private industries.

U.S. Bureau of Labor Statistics data shows that the rate of hospital employees intentionally injured on the job at the hands of another person is significantly higher than the rate across all private industries. In 2015, the most recent year available, there were 8.5 cases of injuries per 10,000 full-time hospital workers, versus 1.7 cases for all private industries.

Some of this violence is perpetrated by prisoners who are supposed to be guarded while in the hospital by correctional officers. Angry or distraught family members of patients, mentally ill people as well as people under the influence of drugs and alcohol can also present a danger. Some nurses have suffered sexual assaults.

While dealing with physical aggression and violence has long been viewed by hospitals as part of the job of being on the front lines. However, nursing advocates are increasingly working for legislation and other changes to help protect them. These include greater OSHA regulation, better staffing, stronger legal penalties for patients who attack hospital personnel and more training to help nurses learn to deescalate situations and spot signs that a patient could be violent.

Hospital workers have the right to expect their employers to provide adequate safety measures to help protect them from becoming the victims of violence. When a nurse or other medical professional is injured or killed at work, family members can and should determine what type of legal recourse they have.

 

Source: Peoria Journal-Star, “As hospital violence grows, nurses seek reforms,” Kate Thayer and Hannah Leone, Aug. 19, 2017

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    The Crecca Law Firm is located in Albuquerque and represents clients and takes injury claim cases throughout the entire state of New Mexico.
    The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.