Leon Family Satisfied With FedEx Wrongful Death Jury Verdict of $5.5 Million

While no amount of money could ever compensate Elia Leon and her three children for the wrongful death of her husband and father, she was satisfied with the FedEx wrongful death jury verdict of $5.5 million.  An Albuquerque Federal Court jury returned the multi-million dollar verdict against FedEx on Friday afternoon.

"I hope that FedEx changes its practices and begins a truck driver safety program so that other families won't suffer personal injuries and wrongful death from FedEx drivers," said Elia Leon.  "The loss to our family when Martin was killed by the FedEx truck driver changed our lives forever."

Martin Leon was killed on November 30, 2011 while he was a passenger in the FedEx tractor-trailer on Interstate 40 near Grants, NM.  He was in the sleeper compartment of a FedEx semi truck when his co-driver Fernando Martinez-Leandro rear-ended a slower moving  semi truck operated by Puckett Transportation.  Martinez-Leandro told investigating officers that he had fallen asleep before rear-ending the Puckett truck.

Martin Leon was a 48 year old  resident of Los Angeles, CA. In addition to his wife Elia, he left three children, Juanita, Adrian and Luis.

Following the death of Martin, Elia Leon hired Mark Caruso with Caruso Law Offices to represent her in a wrongful death claim against FedEx and Puckett Transportation. The lawsuit was filed by Caruso in US District Court in New Mexico and assigned to Federal Court Judge James Browning.

Elia Leon ultimately settled her claim against Puckett Transportation and its driver, but the lawsuit against FedEx and its driver was heard by the Albuquerque jury and Judge Browning last week.   The 5 day jury trial resulted in a jury awarding $5.5 million to the Leon family.

The family argued negligence and negligence per se statutory violations in the operation of the FedEx semi truck by Martinez-Leandro.  The family also argued that FedEx  failed to provide driver safety training to Martinez-Leandro and other FedEx  drivers.

Evidence  at trial proved that the trucking industry standard is for trucking companies to provide regular on-the-road truck driver safety training and that such regular truck driver safety training results in less crashes and less injury and death to the public.

FedEx attorneys argued that neither FedEx or its driver were negligent in the operation of the semi truck.    FedEx attorneys also argued that FedEx did not need to provide regular truck driver safety training to Martinez-Leandro or other FedEx drivers.

FedEx was represented by the Rodey Law Firm from Albuquerque and FedEx national counsel from Pittsburgh, Pennsylvania.   Mark Caruso with Caruso Law Offices and Paul Barber represented the Leon family.

For additional information contact Mark Caruso at  (505) 883-5000  or   mark@carusolaw.com   or see the website at www.CarusoLaw.com   or    www.NMTruckAccidentAttorneys.com

Truckers Often Drive At Speeds Their Tires Can't Handle

By Mark J. Caruso, Attorney

When was the last time that you were driving 70 mph on a New Mexico highway and were passed by a tractor trailer  going 75-85 mph?   The windblast of the tractor trailer may have  blown your car a little off course as it passed by.   It's probably happened more frequently than you want.

Beyond the obvious dangers of the semi truck moving at that high speed, there are hidden dangers as well from the  truck's tires on its tractor and trailer.   Most of the  commercial truck tires installed on semi trucks are designed for a maximum sustained speed of 75 mph.



"

Pushing a commercial truck tire above its rated speed is a recipe for disaster.  The constant heat generated from the friction of the tire on the asphalt or cement can cause the tire to break down and fail.  With long hours of travel on the road, it doesn't take long for the commercial truck tire to  heat up and create a dangerous situation .

You have probably seen the remnants of truck tires littering our state's roads.



Excessive speed has been linked to many truck tire blow outs and crashes causing severe injury and death.

According to trucking data maintained by the National Highway Traffic Safety Administration (NHTSA), between 2009 and 2013 there were over 14,000 crashes in the United States involving heavy commercial trucks.  These crashes resulted in  16,000 deaths.  Tractor trailer tire failure was a reported factor in almost 200 of those crashes.

The trucking industry has argued that tire blowouts are caused by tire manufacturing problems, citing a high volume of instances with certain tire brand models.  However, investigations performed by NHTSA rejected such allegations.  It concluded that the most likely cause in each instance was "driver error"--that is, semi truck truck drivers pushing the truck and trailer tires beyond their speed ratings.

The trucking industry has also argued that the problem is not "driver error" because states have high speed limits. It is true that 14 states (including New Mexico) currently have highway speed limits of 75 mph or higher.  However,  just because state law permits travel at a specific speed does not mean that it is safe for semi truck drivers to travel at this speed. 

 

A responsible tractor trailer driver is required by the Federal Motor Carrier Safety Regulations(FMCSR) to know the limits of his/her equipment and is always required to take safety into consideration in operating the tractor trailer.  Further, the FMCSR requires the tractor trailer driver to regularly maintain his/her tractor and trailer, and this includes close inspection of all tires on a regular basis. The driver must check all 18 tires of the 18 wheeler.

If you or someone you know has been involved in an crash with a tractor trailer, semi truck or other commercial vehicle, it is strongly recommended that you consult with an attorney specifically knowledgeable about the handling of complicated truck accidents. Please contact NM Truck Accident Attorneys at 505-883-5000 for a free consultation. Also, see www.NMTruckAccidentAttorneys.com or www.CarusoLaw.com








 

New Mexico Semi Truck, 18 Wheeler, Tractor Trailer Accident Attorney

New Mexico Truck Accident Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents and Wrecks

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

New Mexico Truck Accident Attorney Mark Caruso. 31 Years Experience in Trucking Cases.   Free Consultations Available by Calling 505-883-5000

 New Mexico truck accidents between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Usually these large commercial vehicles are owned by out of state corporations.

Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling personal injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

 New Mexico truck accident attorney Mark Caruso at Caruso Law Offices in Albuquerque, New Mexico has successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.

Have you been injured in a New Mexico truck accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help.  Albuquerque, New Mexico truck accident attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

     Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact New Mexico truck accident attorney Mark Caruso at 505-883-5000 for a no-charge discussion of your case. With 31 years of experience and successful multi million dollar settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com

When you partner with New Mexico Truck Accident Attorney Mark Caruso, you have a winning team on your side to stand up to the large commercial trucking companies. We require no money up front and accept all New Mexico truck accident cases on a contingency fee.  You pay no attorney if we don't recover money for your claim.

We offer a 29% discounted attorney fee for all cases that we can settle without a lawsuit.  This discounted fee is lower than the 33 1/3% fee charged by most other attorneys.  By discounting our fee you put more money in your pocket. You still get the same 31 years of experience and former insurance company attorney helping you get the most money possible.

We have two offices in Albuquerque to serve you--NorthEast Heights and West Side. We can consult with you at your home, work or hospital and can meet you after hours or on weekends.   We also travel statewide and handle cases statewide in New Mexico and in the pueblos and reservations in our state. Call Mark Caruso today at 505-883-5000.

Albuquerque, NM Truck Accident Attorney

Albuquerque, NM Truck Accident Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents and Wrecks

By: Mark Caruso,  Personal Injury and Wrongful Death Attorney (Albuquerque, NM) 

Albuquerque, NM Truck Accident Attorney Mark Caruso.  31 Years Experience in Trucking Cases.                                                                             

Free Consultations Available by Calling 505-883-5000

     New Mexico truck accidents between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Usually these large commercial vehicles are owned by out of state corporations.

Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

     New Mexico truck accident attorney Mark Caruso at Caruso Law Offices in Albuquerque, NM  has successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.

Have you been injured in a New Mexico truck accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help.  Albuquerque, NM truck accident attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

     Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact Albuquerque, NM truck accident attorney Mark Caruso at 505-883-5000 for a no-charge discussion of your case. With 31 years of experience and successful multi million dollar settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com

When you partner with Albuquerque, NM Truck Accident Attorney Mark Caruso, you have a winning team on your side to stand up to the large commercial trucking companies. We require no money up front and accept all New Mexico truck accident cases on a contingency fee.  You pay no attorney if we don't recover money for your claim.

We have two offices in Albuquerque to serve you--NorthEast Heights and West Side.  We also travel statewide and do weekend and evening appointments. Call us today at 505-883-5000.

NM Truck Accident Lawyer

NM Truck Accident Lawyer for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents and Wrecks

By : Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

NM Truck Accident Lawyer Mark Caruso Free Consultations Available by Calling 505-883-5000

    NM truck accidents between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Usually these large commercial vehicles are owned by out of state corporations.

Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

NM truck accident lawyer Mark Caruso at Caruso Law Offices in Albuquerque, NM has successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.

Have you been injured in a NM truck accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help. NM truck accident attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

     Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact NM truck accident lawyer Mark Caruso at 505-883-5000 for a no-charge discussion of your case. With 31 years of experience and successful multi million dollar settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com

When you partner withNM Truck Accident Lawyer Mark Caruso, you have a winning team on your side to stand up to the large commercial trucking companies.

5 Steps You Should Take After a New Mexico Accident

With or without an attorney, here are Five Very Important Steps you should take immediately after a  car accident,  truck accident,  motorcycle accident  or any accident causing  personal injury or wrongful death.

 

By : Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

 Step One: Don’t Discuss The Incident With the Other Party or Their Insurance Representative or Claims Adjuster

The other party, or their representative (usually an insurance company adjuster or investigator) may try to get to you to answer questions soon after the incident – oftentimes within hours. Statements that you make at the time of the accident or following the accident could be used against you as the case unfolds.

Do not talk to the other party or their representative with your attorney present!

Step Two: Get Immediate Medical Attention, Don't Wait

 If you’ve been injured, or there is a possibility that you’ve been injured, get to a doctor, emergency room or an urgent care facility immediately. Be sure that the doctor  documents your symptoms and injuries and the fact that you’ve just been involved in a vehicular accident.

Step Three: Write Things Down....Document Everything That Happens
 

It’s natural for our memories to fade with the passage of time. We’re all human. Make written notes so that you can refresh your memory about the incident. In some counties in New Mexico,  cases don’t get to court for years.   Lawyers working for insurance companies will do their best to paint you as a liar or exaggerator if you don’t have a great recollection of the incident. There is nothing wrong with keeping a diary.

Step Four: Save The Evidence
 

You want to be sure, to the extent possible, that evidence is preserved. Keep broken eyeglasses, casts from broken bones, business cards from witnesses, medical release forms from hospitals.  Keep it all.  Evidence is essential in proving your case later on! Do not lose, alter or destroy evidence!

Vehicle Accident: Repair work should not be started until detailed pictures have been taken of your vehicle (car, truck, bicycle, motorcycle, etc.)

Dangerous or Defective Product: Save the product and its parts (for example, if a bottle breaks, save the broken pieces!). Keep the box in which it came. Save the receipt!
 

Dog Bite or Animal Attack: Save the torn clothing and any other evidence of the attack. Don’t wash the clothes you were wearing.

Slip and Fall / Trip and Fall: Keep the shoes you were wearing, do not throw them out and do not keep wearing them. You will want to keep them in the condition that they were in at the time of your fall. In other words: Don’t wear, repair or throw them out until your case is settled!
 

Step Five: Take Pictures of Your Injuries
 

Take pictures of all parts of your anatomy that show signs of injury before the healing process begins. Abrasions and glass cuts must be photographed.   Date the pictures accordingly (be sure that your digital camera has the right date!). Then take daily pictures of your injuries.
 

If you have scarring, be sure to get pictures. If you’re going to have the scars surgically removed or reduced, be sure to take before and after pictures. In some situations, your lawyer may hire a professional medical photographer to take these pictures.

Caruso Law Offices, Personal Injury Attorneys

Caruso Law Offices  represent people who have received  personal injuries  or have a loved one who has suffered a  wrongful death  due to the carelessness of others. It's my job to take the pressure off of you so that you are free to heal. Feel free to call me at 505-883-5000 for a free consultation or visit our web site at www.carusolaw.com or contact me directly at mark@carusolaw.com

My name is Mark Caruso, and I am the senior attorney at Caruso Law Offices.  Thank you for visiting my blog.  I hope you found it informative. I would like to tell you a little about my firm and my law practice.

I have practiced law for 31 years and am licensed in New Mexico and California.  As a former insurance company attorney I know how insurance companies decide to settle cases.  I used to work for the insurance companies, but now I work for the victims of pesonal injury and wrongful death. I know the "ins-and-outs" of the insurance claims business and their secrets and strategies.  I now use what I learned against them to get my clients the most money possible.

Please feel free to call me at (505) 883-5000 so we can personally discuss your accident. I am also happy to give you a FREE consultation at either of my Albuquerque offices--Northeast Heights or Westside.  I can also meet you at your home, work, or at the hospital after hours and on weekends.  We represent clients in Albuquerque and throughout the state of New Mexico including the pueblos and reservations of our state.

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New Mexico Truck Crash, Accident and Collision Attorney

New Mexico Truck Crash Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents, Collisions and Wrecks

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM) 

New Mexico Truck Crash Attorney Mark Caruso has 31 Years of Experience in Truck Crash Cases.

Call 505-883-5000 for a Free Consultation with Attorney Mark Caruso

     Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

     At the Caruso Law Offices in Albuquerque, New Mexico we have successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.
Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help. New Mexico Truck Crash Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

     Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, New Mexico Truck Crash Attorney Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com

Tractor Trailer, Semi Truck, 18 Wheeler and Commercial Vehicle Accidents in NM

Tractor Trailer,  Semi Truck, 18 Wheeler and Commercial Vehicle Accidents in NM

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Truck Accident Attorney Mark Caruso Has Been Representing NM Victims for 31 Year.   Statewide Representation.

Call Truck Accident Attorney Mark Caruso for a Free Consultation at 505-883-5000

Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation.   Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries.   With large amounts of money at their disposal and even employment  and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

Truck Accident Attorney Mark Caruso in Albuquerque, New Mexico has successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.

Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle?   We can help.  Truck Accident Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes use illegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles.   We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

 
Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, Truck Accident Attorney Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash.  Call us for a free consultation at 505-883-5000 or mark@carusolaw.com  or visit our web page at www.carusolaw.com