accidents

New Mexico Motorcycle Accidents and Truck Collisions: Albuquerque Motor Vehicle Accident Attorney Explains this Common Fatal Type of Accident

- Mark Caruso

When Motorcycles and Trucks Collide, it Results in Very Serious Personal Injuries and Often a Wrongful Death

Take the smaller vehicle on the road, the motorcycle, which has no metal shell protecting the driver.  Now take the largest vehicle on the road, the tractor trailer or big rig with a high seated cabin and thousands of pounds of weight behind it.  What do you get when these collide?

A horrific and almost always catastrophic accident.  Motorcycles are small and light, great for commuting short distances or for thrill seekers.  While trucks are the powerhouses of the delivery and commercial industry, transporting cargo through the country.  They are complete opposite in capabilities.  These two vehicles should never meet on the road, but when they do there is often a wrongful death.

If you or a loved one have been seriously injured or killed on a motorcycle during a New Mexico trucking accident, call our experienced Albuquerque truck accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation to learn how we can help protect you and your family’s rights.  Our experienced attorneys have handled many motorcycle collisions and know the unique challenges it presents, as well as even more trucking accidents and the special considerations and research to conduct therein to ensure you get the maximum compensation you may be entitled too.  Call use today to learn more by dialing (505) 883-5000.

Factors Contributing to New Mexico Motorcycle-Truck Accidents

Motorcycles have a slim and small profile.  During the day, they can often be difficult to see and keep track off in your mirrors or along your side.  Often motorcycles blend in with the surroundings and become difficult to see.

This unfortunately plays into the weakness of a large commercial truck such as a tractor trailer, tandem trailer, tanker, flatbed, and other large truck.  This is because trucks typically have several blind spots behind them and along their sides.  These blindspots are large enough to hide a van, and easily can lose a motorcycle.  A truck’s large mirrors help to mitigate the blind spots, but this also creates a large mirror where a motorcycle can easily blend in and be even more difficult to see.

Thus, the lack of visibility of motorcycles make them more dangerous around large commercial trucks.  This can result in very serious New Mexico accidents.

Common Injuries in New Mexico Collisions Between Motorcycles and Trucks

It goes without saying that the collision between a motorcycle and truck can result in very serious and devastating injuries.  Some of the most common injuries include the following:

  • Wrongful death;
  • Broken legs;
  • Spinal cord injuries;
  • Fractured ribs;
  • Traumatic brain injuries;
  • Collapsed lungs;
  • Lacerations causing permanent scarring;
  • Back injuries resulting in fusions;
  • Neck injuries resulting in fusions;
  • Nerve damage;
  • Organ damage or organ ruptures;
  • Crushing injuries;
  • Broken arms or collarbone;
  • Road rash;
  • Massive infection;
  • Internal bleeding;
  • Wrongful death; and
  • Many more injuries.

Motorcycle and Trucking Accidents Cause Serious Personal Injuries and Can Kill

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Worst Intersections in Albuquerque, NM: Albuquerque Car Accident Attorney Explains

- Mark Caruso

All Intersections are Deadly, but These are the Worst Intersections in Albuquerque, NM which Result in Many Serious and Fatal Motor Vehicle Accidents

Intersections are the most dangerous portions of a roadway.  This is because motor vehicle traveling from one direction directly cross over the path of roadway crossing in another direction.    Uncontrolled intersections are the most dangerous, followed by intersections with more than four routes or paths.  When lights malfunction or weather conditions obscure or make visibility difficult, intersections just become more dangerous and likely to result in very serious or fatal Albuquerque trucking accidents.

New Mexico Statutory Law Warns of Dangerous Intersections

In fact, New Mexico statutory law even imposes special requirements on vehicles approaching or in intersections.  Vehicles approaching an intersection is governed by NM Stat. 66-7-328, which establishes the right of way for vehicles in intersections requiring all vehicles approaching the intersection to yield to other vehicles already in the intersection.

NM Stat. 66-7-329 governs vehicles turning left at intersections, and requires all vehicle turning left to yield to all other vehicles to not constitute an immediate hazard when turning.  Similarly under.  NM Stat. 66-7-330, vehicles governs vehicles entering an intersection from a stop or yield sign, such driver must slow down to a speed reasonable and yield to the right of way of all vehicles in the intersection or approaching which constitute an immediate hazard.

Violating these statutes can result in very serious and deadly car accidents.  This can result in liability for the victims, as these statutes are intended to prevent against those harms at intersections.  When they occur, the defendant violating the statute will likely be liable under the theory of negligence per se.  This means that the violator could be found automatically negligent for violating the statute and causing your harm.

Top Five Most Dangerous Intersections in Albuquerque, New Mexico

While all intersections are deadly and dangerous, here at the top five most dangerous and deadly intersections in New Mexico:

  1. Coors Blvd NW and Paseo del Norte Blvd NW – in a three year period approximately 380 motor vehicle accidents were reported with 29% being fatal or causing serious personal injuries.
  2. Jefferson St NE & Paseo del Norte Blvd NE – in a three year period approximately 365 crashes occurred, with 27% resulting in fatal or serious personal injuries.
  3. Montgomery Blvd NE and San Mateo Blvd NE – in a three year period approximately 260 accidents were reported with 25% being fatal or causing serious personal injury.
  4. Central Ave E & San Mateo Blvd – in three years, there were 145 total motor vehicle accidents with 48 resulting in serious personal injuries or a fatality.  What makes this intersection more dangerous is the number of pedestrian collisions which were the highest surveyed at 12 pedestrian knockdowns.
  5. Coors Blvd & Montano Rd. NW – overall ranked the 6th most dangerous in a three year study with 242 crashes and 25% being fatal or resulting in injury, this intersection remained higher on the list for not decreasing and improving its crashes while the other intersections all did.

Victims of Albuquerque Car Accident in the Top Five Dangerous Intersections in New Mexico Require Strong Legal Advocacy

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico Drivers Ranked Second Worst in United States: New Mexico Car Accident Attorneys Explains Findings

- Mark Caruso

New Mexico Drivers are Ranked the Second Worst in the United States:  Issues Such as Drunk Driving and Cell Phones Top Causes and Many Drivers are Uninsured

The latest National Highway Traffic Safety Administration report has awarded New Mexico drivers an unfortunate and unwanted prize—second worst drivers in the United States behind only Montana according to the Albuquerque Journal.  This trend has become worst, as the previous year New Mexico was ranked 19th-worst.  As a grim statistic, most of the accidents and statistics complied evidenced more personal injuries, more serious injuries, and more wrongful deaths.

Here at the Caruso Law Offices, P.C., our experienced New Mexico car accident attorneys know that traffic accidents are a real issue in our state.  We work hard with the victims of all travel accidents, including trucking accidents, motorcycle accidents, pedestrian knockdowns, bus accidents, and other types of collisions to ensure that these victims receive the maximum compensation they deserve.  We also offer FREE case evaluations, so call us at (505) 883-5000 to learn how we can help protect the rights of motor vehicle accident victims throughout New Mexico, including Albuquerque, Santa Fe, Las Cruces, Taos, Roswell, Gallup, Rio Rancho, and Carlsbad.

Drunk Driving Remains a Problem – New Mexico ranks 10th for the most drunk driving arrests in the entire United States.  Naturally, this correlates to a lot of drunk drivers on the road which means a lot of drunk driving car accidents.  Drunk driving is prohibits under both New Mexico statutory law and common law, and is a major contributor to motor vehicle accidents and fatalities.

Excessive Speed and Deaths – New Mexico ranks 12th in the county for speeding tickets or citations.  In codifying the vehicle and traffic law, the Legislature made speed restrictions the very first section of law under NM Stat 66-7-301.  While enforcement is up and New Mexico police are very good, this is a massive epidemic which has resulted in many needless motor vehicle accidents and wrongful deaths.  This is particularly true in our interstates, including I-10, I-25, and I-40.

Distracted Driving Accidents Increases Throughout the County, Including New Mexico – Cell phones and technology in general have caused significantly more motor vehicle accidents than any other cause—including drunk driving.  This is an issue that affects all motorists from the younger to the old, especially young drivers and those under 30 years of age.  Too many accidents are being causing by distracted driving which effectively renders a motor vehicle into an unguided missile.

Uninsured Driving Making Recovery Harder – With all of these additional causes of motor vehicle accidents, New Mexico unfortunately ranks very high in the number of uninsured motorists.  While the national average is 12.6% of motorists are uninsured, New Mexico is 21.6%.  This makes recovery after a serious car accident even more difficult, but not impossible.

Dangerous Driving in New Mexico Requires Strong Legal Advocacy like the Caruso Law Offices, P.C.

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Injuries to Children in New Mexico Trucking Accidents

- Mark Caruso

New Mexico Trucking Accidents Causing Serious Injuries to Children

Whether you are an adult or child, a New Mexico trucking accident can cause serious injuries or even death.  This is due to the sheer size, weight, and force in a large commercial truck, particularly tandem trailers, tankers, flatbeds, and other trucks.  Trucking accidents are also more catastrophic on highways and interstates, particularly Interstate 10, Interstate 25, and Interstate 40 which all have high speed limits.  The faster a large truck goes, the more momentum it has, and the more devastating the impact will be.

To a child, any impact in a vehicle will be significant.  When this is a large commercial truck on an interstate, it is very likely the impact will cause permanent and debilitating injuries, if not the wrongful death, of the child.  If you or someone you know has had a child seriously injured or killed in a New Mexico trucking accident, call the experienced Albuquerque trucking accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation by dialing (505) 883-5000.  Our experienced personal injury attorneys have handled many severe trucking accident causes involving children, and we know how to fight for the maximum compensation you and your child may be entitled to.

Common Injuries to Children in New Mexico Trucking Accidents

Unfortunately, when a child is a passenger in a New Mexico trucking accident it does not bode well.  Children’s bodies are not developed and are lacking certain features that adult bodies have.  Commonly this is stronger bodies, more muscle, and thicker frames.  This helps “pad” and protect an adult’s body.  Because of these, there are certain injuries which a child will commonly have following a trucking accident:

  • Ruptured or lacerated organs;
  • Brain bleeds;
  • Fractured bones, particularly ribs, femur, and the humerus;
  • Nerve injuries, particularly brachial plexus injuries;
  • Injuries to veins or arteries;
  • Eye injuries, including optical nerve injuries;
  • Mouth and teeth injuries;
  • Facial injuries;
  • Severe seatbelt injuries;
  • Broken knees or ankles;
  • Crushing injuries;
  • Lacerations during to foreign debris or broken glass;
  • Growth plate injuries, particularly to ankles or wrists;
  • Wrongful death; and
  • Many more similar injuries.

Injuries to Children can be Complicated

When a child is injured in a New Mexico trucking accident, it can also be more difficult to evaluate injuries.  This is partially because children do not always know how to articulate their pains and aches.  This is also due to the fact that children are still growing, and it may be very difficult to assess how the injuries will impact the child’s life and development.  This is particularly true in cases involving broken bones, growth plate injuries, lacerations, and organ injuries.

Further, children who require future surgery as they get older will also be harder to gauge the amount of compensation they deserve.  Meaning, if a child needs a surgery every 20 years, the child may need to undergo 3-4 surgeries in his or her lifetime.  In the 60 to 80 years this spans, the costs of surgery, the alternatives and likely developments in surgery, and the life expectancy are all variables that need to be addressed.

Children Injured in New Mexico Interstate Trucking Accidents Deserve Dedicated and Compassionate Attorney

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Hours of Service of Truck Driver Regulations and How it Can Help Win Your New Mexico Trucking Accident Case

- Mark Caruso

Truck Drivers Must Follow the Federal Regulations Governing Hours of Service to Help Prevent Drowsy or Fatigued Driving Accidents

Time is money for trucking businesses.  The faster they can deliver cargo, the faster they can get paid.  The more times they deliver cargo, the more times they get paid.  The less drivers delivering cargo, the less they have to pay in salary and cover health care insurance and motor vehicle insurance.

This is why many trucking companies and truck drivers take shortcuts in properly delivering the cargo.  Many truck drivers will drive sleep-deprived and on energy drinks or pills to stay awake.  The more they can work the more they get paid and stay in the good graces of their employer.

But this is just dangerous and can lead to New Mexico trucking accidents.  Large commercial trucks such as semis, tandem trailers tractor trailers, flatbeds, tankers, 18-wheelers, big rigs, and many other trucks can cause a significant amount of damage to anything they collide with.  This means occupants of motor vehicle truck by a tractor trailer can easily be serious injured or killed.  Given that large commercial trucks operate throughout the United States on the interstate highways, it was necessary for the federal government to come in and set guidelines and regulations that apply to all states.  And they did just that to protect all of us.

Federal Regulations by the Federal Motor Carrier Safety Administration Make Us Safer with Hours of Service Rules

One of the most important federal regulations promulgated by the Federal Motor Carrier Safety Administration is the hours of service of drivers requirements in Part 395 of Title 49 of the CFR.  These regulations restrict the number of hours that a truck driver may drive in a 24 hour period.  The goal is to help reduce fatigued driving which results in trucking accidents, including fatal ones.  These regulations also prohibit a trucking company from requiring a truck driver to violate these rules to meet the trucking company’s schedule and goals.

Some important provisions of the hours of service of driver federal regulations include the following:

  • A truck driver may not start a shift without first having 10 consecutive hours of off duty prior to the start;
  • During the shift a truck driver may driver only during a period of 14 consecutive hours after coming on duty and may not drive after the end of the 14 consecutive hour period.
  • To be eligible to start another shift, the truck driver must again have 10 consecutive hours of off duty prior to the start.
  • During the 14 hour shift, a truck driver may only drive a total of 11 hours during the 14 hour period.
  • A truck driver may not drive if more than 8 hours have passed since the end of the driver’ last off duty or sleeper-berth (sleeping compartment in cabin of truck) period of at least 30 minutes (rest break required); and
  • Several total hour requires per 7 day period depending on status of the company.

Truck drivers are required to keep a duty status logbook as to how many hours they have slept, rested, and been driving.  This is very important and is how law enforcement can check the logbook to see if the truck driver is company.

Even though the truck driver has control of the logbook and you may believe it is easier for the truck driver to lie about the hours of service, there are other methods officers can use to establish whether truck drivers are in compliance.

For instance, there is an electronic logbook system is in the truck’s computer which also keeps track which officers can sometimes access in the field to check.  Officers can also determine where the truck driver left and whether the traffic stop is to determine whether it is possible for the truck driver to have been at that location at the time they claim.

Using Hours of Service Violations in Your New Mexico Trucking Accident Lawsuit

A violation of a regulation is evidence of negligence.  Thus, if a truck driver or trucking company violates the hours of service regulations and causes a New Mexico trucking accident resulting in injuries, the violation can be used to demonstrate evidence of negligent conduct to help prove your case.  This is known as the negligence per se doctrine.

Your experienced New Mexico trucking accident attorney can use this regulation to help determine the cause of the trucking accident.  Fatigue and drowsiness is difficult to prove unless there is an admission that the truck driver fell asleep at the wheel or if there are logbook discrepancies.

The federal government set these regulations demonstrating what is reasonable to driver under.  Failing to comply just establishes what is not reasonable to drive as an alert and prudent driver.  These can prove your case and get you the compensation you deserve for your injuries.

Hours of Service Violation Can Win Compensation for Your Injuries 

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Fatigued and Tired Truck Drivers Causing Albuquerque Trucking Accidents: Federal Regulations Prohibit Driving While Tired

- Mark Caruso

Drowsy Driving is Dangerous and Can Cause Serious Trucking Accidents, Which is Why Federal Regulations Govern a Truck Driver’s Conduct

The trucking business is all about delivering cargo to get paid.  The faster the trucking business delivers cargo, the faster the trucking business gets paid.  The faster the trucking business gets paid, the more the trucking business makes.  Simply put, for trucking businesses time is money.  This means the more shortcuts trucking companies can take to speed up the delivery process, the more money they can make.  The faster a trucking business can deliver goods, the less drivers they need and the more hours they can get out of their drivers.

Trucking Shortcuts Kill

These shortcuts, however, put everyone else on or around the roads at risk for trucking accidents.  The most common shortcut is to have a driver work too many hours on the road delivering as much as possible.  This makes the driver sleep-deprived,  fatigued, and dangerous.

This cannot be more true on the interstates in New Mexico, some of the busiest interstates in the country, where drowsy truck drivers could fall asleep behind the wheel going 75 MPH.  This includes Interstate 40 and Interstate 25 going through Albuquerque, New Mexico, and Interstate 10 going through Las Cruces, New Mexico which is another major hub.  Serious personal injuries or wrongful death can easily occur in these types of trucking accidents.

This is why federal regulations help protect all of us on the roadways from drowsy truck drivers.  These regulations apply to all trucking companies and truck drivers on any roads throughout the Untied States.  These regulations apply in addition to any state-specific regulations or laws which also apply.

Federal Motor Carrier Safety Administration Regulations To Protect Drivers From Drowsy Truck Drivers

In addition to it just being negligent under the common law, the federal regulations help prove an Albuquerque trucking accident victim’s case against a tired and fatigued driver.  A violation of a federal regulation is evidence of negligence and can be used to help proof the victim’s case under the theory of negligence per se in an Albuquerque trucking accident.

Specifically, under 49 CFR 392.3, “[n]o driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

This means that both the truck driver AND trucking business are responsible for ensuring that the truck driver is not driving while fatigued.  If a truck driver falls asleep while driving, both will be liable under this regulation if the trucking company knew or should have known the truck driver was fatigued or tired.

When a Truck Driver Falls Asleep Behind the Wheel, a Victim of an Albuquerque Trucking Accident Can Collect Compensation for Injuries or Wrongful Death

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Broken Back and Spinal Cord Injuries in Albuquerque Trucking Accidents

- Mark Caruso

Severe Back Injuries Caused by Albuquerque Trucking Accidents Can Result in a Lifetime of Debilitating Pain and Suffering

New Mexico has some of the busiest interstate highways throughout the United States.  These interstates help transport cargo from east to west and north to south throughout New Mexico.  The big interstates include I-40, I-25, and I-10.  Major trucking companies such as J.B. Hunt, FedEx, Estes, Ryder, and many others use New Mexico highways to move this cargo.  Albuquerque, New Mexico is one of the larger hubs of trucking because I-40 and I-25 meet here, making Albuquerque a major route changer where truck drivers can decide to change from an east or west direction to a north or south direction.

Given that Albuquerque, New Mexico is a rather large city with a large population, the congestion on the roadways with passenger vehicles combined with large commercial trucks creates a serious threat to the health and safety of all occupants on the roadways.  Albuquerque trucking accidents involving smaller, passenger vehicles can result in debilitating personal injuries including back injuries and spinal cord injuries.  Any kind of spinal column injuries can result in permanent disabilities and even lead to wrongful death.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident attorneys have handled many serious truck accident cases resulting in back and spinal cord injuries.  We have also handled many wrongful death injuries from catastrophic injuries occurring on I-40, I-25, and I-10.  If you or a loved one have been serious injured or killed in a New Mexico trucking accident, call us today for a FREE consultation by dialing (505) 883-5000.  We will fight hard to get you the maximum compensation you deserve for your injuries.

Types of Back Injuries Caused in Albuquerque Trucking Accidents

Given the large size and significant speed, large commercial trucks can cause catastrophic and debilitating injuries which can permanently damage a person’s body in an Albuquerque trucking accident.  The following are some common back injuries and spinal cord injuries caused by catastrophic injuries:

  • Fractured vertebrae;
  • Compression fractures of the spine;
  • Severed spinal cord;
  • Nerve injuries;
  • Brachial plexus nerve injuries;
  • Rib fractures;
  • Herniated discs;
  • Spinal stenosis;
  • Need for spinal fusion;
  • Need for laminectomy;
  • Ruptured discs or annular tears;
  • whiplash injuries;
  • Cervical fusions;
  • Thoracic spine injuries;
  • Scapula injuries;
  • Dislocated bones;
  • Wrongful death; and
  • Other spinal injuries.

Back and Spinal Cord Injuries Caused in Albuquerque Trucking Accidents Require Legal Representation

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Injuries Caused by Albuquerque Trucking Accidents Commonly Resulting in Death

- Mark Caruso

Wrongful Deaths are Common in Interstate Trucking Accidents, but Some Injuries Commonly Result in Deaths more than Others

Interstate trucking accidents are incredibly dangerous.  In Albuquerque, New Mexico, Interstate 40 and Interstate 25 cut through the city which bring large commercial trucks such as tractor trailers, tankers, flatbeds, tandem trailers, 18-wheelers, and other large trucks.  Due to the high speed on the interstates, collisions with these trucks can result in horrific and catastrophic injuries resulting in death.  Many times the culprits include some of the nation’s largest trucking companies, including FedEx, the United Parcel Service, Estes, Ryder, J.B. Hunt, and many others.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident attorneys know that interstate trucking accidents usually result in devastating and painful injuries.  These injuries can be debilitating and cause permanent disability.  Other times these injuries can result in an inevitable death of a victim.  If you or a loved one has been injured or killed in a trucking accident, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights.  We always work hard to ensure you get the maximum amount of compensation that you may be entitled to, and we won’t stop fighting and we do.

Common Injuries from Albuquerque Trucking Accidents Resulting in Death

Death is the ultimate injury in any motor vehicle accident.  Unfortunately, Albuquerque trucking accidents occurring on Interstate 40 or Interstate 25 frequently result in serious injuries causing death.  That is, sometimes death does not occur right away.  Sometimes victims will languish in pain for months if not years prior to succumbing to their injuries.  This can cause horrific pain and suffering which can allow the victim’s family to seek a considerable verdict in a New Mexico wrongful death case.

Some of the common injuries that frequently result in wrongful death include the following:

  • Burn injuries, including internal burn injuries such as to the throat or lungs caused by inhalation;
  • Organ damage;
  • Spinal cord injuries;
  • Traumatic brain injuries;
  • Large cuts or lacerations resulting in massive infections;
  • Head injuries resulting in hemorrhaging or brain bleeds;
  • Paralysis or quadriplegia;
  • Internal bleeding;
  • Chest contusions, including to the vital organs such as the heart or lungs;
  • Crushing injuries;
  • Impalement injuries;
  • Foreign objects causing infections of damage;
  • Chemical burns;
  • Airbag injuries; and
  • other serious injuries.

When these types of serious injuries are caused to a victim, they can ultimately kill the victim resulting in an Albuquerque wrongful death case.

Wrongful Death?  The Caruso Law Offices, P.C. Can Help You and Your Family!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Common Regulatory Violations by Truck Drivers Causing New Mexico Trucking Accidents

- Mark Caruso

New Mexico Trucking Accidents Caused by Federal Motor Carrier Safety Administration Violations 

Large commercial trucking companies such as FedEx, YRC Worldwide, HUB Group, Schneider National, Werner Enterprises, and many others use large highway systems such as Interstate 40, Interstate 25, and Interstate 10 to transport goods throughout the United States.  This is known as interstate commerce.  While each state has many specific statutory law applying to all trucking companies and truck drivers, each state’s laws will be slightly different.  Because of this extensive interstate commerce system which spans many states, there is a need for one uniform, regulatory authority to govern trucking companies and truck drivers.

This authority is known as the Federal Motor Carrier Safety Regulations or FMCSR.  This is an extensive matrix of rules and regulations governing a wide-range of conduct, maintenance, and other safety rules.  Trucking companies and truck drivers are obligated to comply with these regulations no matter which state they are traveling in—including New Mexico.  When trucking companies or truck drivers violate these rules, it can result in very serious and permanent injuries or even wrongful death to a victim.

Common FMCSR Violations Resulting in New Mexico Trucking Accidents

A violation of a regulation is evidence of negligence when the regulation is meant to protect a victim from a certain harm, and the violation does cause that harm.  This is known as the doctrine of negligence per se.  Some common FMCSR violations which result in evidence of negligence include the following:

Section 392.3 – Ill or Fatigued Operator – truck drivers driving while tired, sleep deprived, and otherwise fatigued is a real threat to our roadways and a major cause of New Mexico trucking accidents.  That is because time is money, and most drivers force themselves to go as far as they can to make as much money as they can.  This section governs drowsy driving and falling asleep while driving, and prohibits truck drivers from operating a commercial vehicle when tired or his or her ability or alertness is impaired.

Section 392.4 – Drugs or other substances – like all motorists, this section make sure to prohibit any illegal drugs but also certain legal drugs which could effect one’s ability to operate a truck.  There is a catch-all section which governs any substance which renders a driver incapable of safety operating a vehicle.  Unfortunately, many truck drivers resort to illegal drugs to help them to stay away, and this section prohibits it.

Section 392.5 – Alcohol prohibition – similarly, this section governs alcohol consumption and absolutely prohibits the use of alcohol within four hours before going on duty or operating a vehicle, and further prohibits a truck driver from having any detectible amount of alcohol in his or her body.  This is a very strict rule and also commonly violated which results in motor vehicle accidents.

Section 392.6 – Schedules to conform with speed limits – this section applies for the trucking company, and requires the trucking company to not result deliveries faster than can be done while the truck driver is driving within the speed limit.  Said differently, the trucking company cannot force a driver to drive faster than the speed limit to meet the trucking company’s schedule.

Section 392.14 – Hazardous conditions; extreme caution – this section is very important and governs dust storms resulting in limited or no visibility.  In extreme weather situations, a truck driver must reduce speed as necessary to operate the truck safely and, if this cannot be done, the truck driver must stop until the vehicle can be safely operated.

There are other important sections which can be violated and result in serious New Mexico trucking accidents, but these are the most common one resulting in a finding of negligence per se.  These are also the more common ones resulting in wrongful death of victims.

Wrongful Deaths Caused by Violations of Federal Regulations Can Result in Compensation for Victims and Their Families

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico Trucking Accidents at the Intersection of Interstate 10 and Interstate 25: High Speed and High Damage

- Mark Caruso

New Mexico Wrongful Death Cases Caused by Trucking Accidents on Interstate 10 and Interstate 25

Interstate trucking accidents are some of the most devastating types of motor vehicle accidents.  They routinely kill all victims involved in those types of accidents, except for the negligence trucking drivers who tend to escape without serious injury.  New Mexico has some of the busiest and most dangerous interstate stretches in the country, particularly because major interstates such as Interstate 40, Interstate 25, and Interstate 10 cut through New Mexico.

One of the most dangerous intersections in New Mexico is in Las Cruces, New Mexico, where Interstate 25 and Interstate 10 come together near 144.  There are many fast moving vehicles cutting across the lanes of traffic, most of them being large tractor trailers such as big-rigs, tankers, flatbeds, tandem trailers, and other large commercial vehicles.  All too often these vehicles collide and cause serious New Mexico trucking accidents, seriously injuring, maiming, and killing victims.

Here at the Caruso Law Offices, P.C., we understand how dangerous Interstate 25 and Interstate 10 are, particularly in Las Cruces, New Mexico.  Our experienced New Mexico trucking accident attorneys handle wrongful death cases occurring throughout the country, including on the interstates.  If you or a loved one have been seriously injured, call us today for a FREE case evaluation by dialing (505) 883-5000.  You do not owe us any money unless we win your case.  Learn about your rights today and how we can help you and your family now.

Understanding Why Interstate 10 and Interstate 25 Trucking Accidents Kill

The heavier and faster a vehicle is, the more momentum and force it has.  This means it has more potential to cause serious damage and death.  This is why large commercial trucks are instruments of death on the roadways, particularly on New Mexico’s Interstates such as Interstate 10, Interstate 25, and Interstate 40.

Las Cruces, New Mexico is one of the most dangerous sections of roadways in New Mexico as both Interstate 10 and Interstate 25 come together and split off with Interstate 25 continuing north and south and Interstate 10 heading east and west.  This section of road has many lanes and all at high speeds.  Drivers can become confused which direction and exit to take, which can in turn result in panic and quick turns.  This is a recipe for serious personal injuries or death.

Causes of Fatal New Mexico Trucking Accidents on Interstate 10 and Interstate 25

Some of the most common causes of New Mexico trucking accidents include unfamiliarity with the roadways, driver inexperience, and downright bad driving.  When truck drivers have these dangerous traits, they can cause many different types of trucking accidents.  These include the following types of accidents:

  • Rear-end collisions;
  • Head on crashes;
  • Side-swipe accidents;
  • Tractor trailer jackknife accidents;
  • Rollovers;
  • T-bone collisions;
  • Fiery crashes;
  • Flipped over vehicles; and
  • Many other types of crashes.

If You or a Loved One Was Injured Or Killed in a New Mexico Trucking Accident on Interstate 10 or Interstate 25, Call our Experienced New Mexico Trucking Accident Attorneys Today!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.