rear end collision

Signs a Truck Driver Fell Asleep and Caused Your Albuquerque Trucking Accident

- Mark Caruso

Common Signs Indicating a Truck Driver Fell Asleep While Driving and Caused your Albuquerque Trucking Accidents Resulting in Serious Personal Injuries 

Tractor trailers, 18-wheelers, big rigs, flatbeds, tankers, and other large commercial vehicles are inherently dangerous because of their large size and heavy weight.  Even in the best of situations, they are large battering damages which can cause horrible damages to anything they collide with.  And unfortunately, they collide all too often in motor vehicle accidents.  The only way these vehicles are made more dangerous is when they become unguided missiles when the truck driver falls asleep at the wheel.  Since time is money in the commercial trucking business, way too many truck drivers fall asleep and cause catastrophic trucking accidents.

If you or a loved one have been injured in an Albuquerque trucking accident potentially caused by a truck driver who fell asleep while driving, contact our experienced Albuquerque trucking accident attorneys at the Caruso Law Offices, P.C. to learn how we can protect your rights.  We have the experience and knowledge in handling these types of motor vehicle accidents to thoroughly investigate your claim.  Call us today by dialing (505) 883-5000 to learn more how we can help you and your family.  We over FREE case evaluations and you will only pay us if we win your case!

Common Signs That a Truck Driver Fell Asleep While Driving

Driving while tired is a very dangerous proposition and scenario, especially at night.  But this is almost part of the job description for truck drivers who are compelled by the prospect of making more money to forger sleep.  Time is money for truck drivers and trucking companies.  Sleeping is a part of the day where no money is being earned.  This is why Albuquerque trucking accidents caused by tired drivers or drivers who fall asleep are very common on New Mexico highways and interstates.

Proving that a truck driver fell asleep at the wheel is not always easy and can be difficult.  But there are some indicators to be aware of to help your claim.  In fact, there are some common signs that a truck driver fell asleep and caused your accident, including the following:

  1. Rear end collisions with no brakes – when there is a rear end collision with no brake streaks or skid marks, this means the driver did not see the quickly approaching vehicle.  This could mean the driver was distracted, such as on his or her cell phone, or that the driver fell asleep.  Either way, this is negligent and can allow a victim to recover compensation;
  2. Crossing the center line – drivers do not just cross the center line for no reason.  Sometimes they come around a turn too fast and cross over.  Other times a driver will not appreciate the weather conditions and slide across the center line.  But most times the driver was either distracted or fell asleep.  It is particularly true that a driver likely fell asleep where there is no evidence that the driver made an attempt to correct the centerline shift or had braked;
  3. Incorrect or incomplete logbook entries – a truck driver has to keep a logbook tracking the amount of time he or she is driving and how much sleep he or she gets.  But sometimes the logbook just does not appear to be accurate, looks altered, or may be inconsistent.  While it may appear to be hard to check, trucks have an ECU, which is a computer in the engine, which tracks the speed, distance, time, movement, and other important data.  This can be compared with the logbook to see if the truck driver is lying or not.

Signs that a Truck Driver Fell Asleep While Driving and Caused a Serious Albuquerque Trucking Accident

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.

Spinal Injuries in New Mexico Rear End Car Accidents

- Mark Caruso

Rear End New Mexico Car Accidents Can Cause Serious Spinal Injuries, Including Permanent and Debilitating Injuries

All car accidents have the potential to cause serious personal injuries.  This can be no more true than tractor trailer accidents, high speed collisions, and rear end car accidents.  In fact, rear end car accidents are very dangerous because of the vulnerable position that the victims in the lead car are in.  Injuries from rear end car accidents can cause life-threatening and permanent injuries, including quadriplegia, paraplegia, and even death.

If you or a loved one have sustained a spinal injury in a New Mexico car accident due to a rear end collision, you may be entitled to compensation.  Contact the experienced New Mexico car accident lawyers at the Caruso Law Offices, P.C. for a free consultation by dialing (505) 883-5000.  We will review your case and advise you how to protect your rights to compensation.  We have the experience and knowledge handling serious spinal injuries, including fractures or spinal cord injuries, and we can help ensure you receive the maximum compensation you may be entitled to.

Reasons Why Spinal Injuries Are Common in Rear End Car Accidents

Rear end car accidents force the passengers in the lead vehicle to lurch forward and then whip backwards.  The faster the impact, the more violent this lurch and whip will happen.  Generally speaking, this is known as whiplash.  It places great pressure on the neck muscles, ligaments, and tendons.  It also places great pressure on the spinal column and spinal cord.  This can, in turn, cause pressure on the nerves coming from the spinal cord.

Many times the victims of rear end car accidents do not see the impact coming before it happens.  This means that many times a rear end car accident occurs before a victim can brace.  This creates a greater whiplash type injury as the body is not braced for impact.  This causes serious injury.

Types of Spinal Injuries from Rear End Car Accidents

There are many different types of injuries which can be caused by a rear end car accident.  Most of these injuries are focused on the neck (cervical) and mid-back (thoracic) spine.  This is generally the part of the spine which will take the most abuse from the whiplash motion.  Some common injuries include the following:

  • Ruptured discs;
  • Herniated discs;
  • Torn ligaments or tendons it the neck;
  • Fractured vertebrae;
  • Nerve damage;
  • Nerve impingement;
  • Concussions;
  • Dislocated shoulder;
  • Facial injuries from hitting the steering wheel;
  • Orbital blowout fractures;
  • Spinal cord ruptures;
  • Spinal cord injuries;
  • Fractured bones; and
  • Related injuries.

If You Have Been in a Rear End New Mexico Car Accident Causing a Spinal Injury, Don’t Delay—Call Us Today!

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) 847-3206  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Rear End Albuquerque Car Accidents Caused by Dust Storms

- Mark Caruso

Dust Storms Can Cause Serious Rear End Car Accidents in Albuquerque, New Mexico

In New Mexico, highways and Interstates are made more dangerous in dust storms.  Visibility is limited and traction can be reduced in bad storms.  Both of these conditions are factors in causing rear end car accidents.  On highways or Interstates, rear end car accidents can be particularly dangerous and deadly—especially when large commercial trucks are involved like 18-wheelers, semis, and tankers.

Here at the Caruso Law Offices, P.C., we are representing the family of a victim in a rear end New Mexico trucking accident caused during a dust storm.  Our client was traveling in an ongoing dust storm and slowed down as reasonable under the circumstances.  However, 3 large commercial trucks continued to plow forward blindly in the ongoing dust storm.  This resulted in a large pileup collision resulting in a devastating fire killing seven passengers in several other cars, including our client.  The tragedy is horrific and totally avoidable.

If you or a loved one have been injured in a New Mexico car accident caused by a rear end collision in a dust storm, call our experienced attorneys today at (505) 883-5000 for a FREE consultation!  We will advise you on your rights and help protect your rights to compensation from a serious motor vehicle accident!

Dust Storms Causing Albuquerque Rear End Car Accidents

What makes dust storms so dangerous is that they reduce visibility and can even completely blind motorists.  This is particularly scary on highways and Interstates where fast-driving vehicles can become unguided missiles.  Large commercial trucks take even longer to slow down due to their massive size which requires a longer distance to stop.  The decreased visibility and increased stopping distance make large commercial trucks in dust storms a recipe for serious motor vehicle accidents.

This is why federal regulations require commercial trucks to slow down as reasonable in dust storms, and even come to a complete stop if commercial trucks cannot safely travel during the dust storm.  For instance, FMCSR section 392.14 provides that “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by . . . dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.”

If a large commercial truck fails to slow down or stop under this federal regulation and rear ends another vehicle, the truck driver could result in liability for the victim under New Mexico law.  For instance, NM Stat Section 66-7-318 provides that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  Thus, a commercial truck which rear ends another vehicle may result in liability under this law.

In addition, if a large commercial truck needs to stop or is involved in a motor vehicle accident, it must use its emergency flashers to prevent other vehicles from not seeing it and rear ending the stopped or disabled truck.  Under FMCSA section 392.22, a commercial trucking vehicle must use hazard warning signal flashers “[w]henever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices . . . .”

Albuquerque Car Accidents in Dust Storms Caused by Rear End Car Accidents Require Legal Representation!

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced trucking 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.

Fatal Fire Caused by New Mexico Trucking Accident During Dust Storm Goes to Trial

- Mark Caruso

New Mexico Trucking Accident That Killed 7 During Dust Storm Goes to Trial

The Caruso Law Offices, P.C. are going to trial to represent the estate of a victim wrongfully killed in a New Mexico trucking accident.  The accident occurred during a dust storm, and resulted in a massive fire consuming the three passenger vehicles rear ended in the collision by three large, tractor trailer vehicles.

If you or a loved on were seriously injured or killed in a New Mexico trucking accident, contact the Caruso Law Offices, P.C. today for a FREE case evaluation by calling (505) 883-5000.  We have the knowledge and compassion necessary to protect your rights and ensure you get the compensation you are entitled to.

Seven Killed in New Mexico Trucking Accident Causing Fatal Fire on Interstate 10

Approximately two years ago, Joseph Guttuso and six others were killed in a fatal fire caused by a pileup truck accident.  Mr. Guttuso and the other six victims were in three different passenger vehicles traveling on Interstate 10.  There was an ongoing dust storm during the stretch of highway they were traveling on.  As a result, the three passenger vehicles exercised caution and slowed down as reasonable under the circumstances.

However, three large commercial trucks and tractor trailers operated by SAIA Trucking, Towne Air Freight, and Lights on Trucking failed to exercise the same caution.  Despite many signs along the road warning of dust storms, and despite the obvious ongoing dust storm, these three trucks continued to travel down the highway at high speeds.  They collided with the three passenger vehicles and caused a pileup accident.  The collision resulted in a fire, and the diesel and gas exploded short after impact splashing fire all over the accident scene.

Outside of common negligence for failing to exercise caution as a reasonably prudent person under the circumstances, it is argued the  truck drivers and trucking companies violated Federal Motor Carrier Safety Regulations (FMCSR) section 392.14.  This section governs hazardous conditions and use of extreme caution, and provides the following:

“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.”

Since the truck drivers failed to exercise extreme caution during the dust storm which affected visibility, and since they failed to reduce speed so that the commercial motor vehicle can be safely operated—since it was not safety operated in this case when it rear ended another vehicle—the Defendant trucking companies and drivers may be liable under the FMCSR as well as under a theory of negligence.

Fire Fatalities Caused by New Mexico Trucking Accidents

If a loved one has been seriously injured or killed in a New Mexico trucking accident caused by a fire, contact the experienced wrongful death 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 Rear End Collision

- Mark Caruso

Albuquerque Rear End Accident Attorney

One of the most common types of motor vehicle accidents is a rear end collision.  These crashes can be caused by a variety of factors, such as districted driving, following too closely, or speeding.  Due to the nature of the collision, rear end accidents can cause serious injuries, particularly to the neck and back.  Even at low speeds, rear end collisions can be dangerous and cause debilitating injuries.

Of course, the bigger and heavier the vehicle the more catastrophic the injuries.  This is why Albuquerque rear end accidents caused by large trucks, tractor trailers, commercial trucks, buses, or other large vehicles can cause significant injuries.  The shear momentum of these types of vehicles causes such destructive force that personal injuries are almost always the result of a truck rear end collision.

If you or a loved one have been injured in a rear end accident, contact the Caruso Law Offices to speak with an experienced Albuquerque rear end accident attorney for a FREE consultation by calling (505) 847 3206.  We understand what it takes to protect your rights and ensure you get the compensation you are entitled to.

Proving Liability in Rear End Accidents

Generally under New Mexico law, the vehicle that crashes into the rear end of another vehicle is negligent and liable for the accident and any injuries related to such accident.  This negligence is both through common law, which is judge made law, and through a violation of a statute, known as negligence per se.

The applicable statute is NM Stat Section 66-7-318, which governs following too closely, and provides under subdivision (A) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  When a vehicle crashes into the back of another vehicle, generally it is considered to have followed too closely than is reasonable and prudent thus creating liability.

Injuries Caused by Albuquerque Rear End Accidents

The victim of a rear end collision, even at low speeds, can suffer significant and debilitating injuries.  This is because the force of the impact and momentum is coming from behind, and can create whiplash injuries stressing the spine.  Some common types of injuries caused by rear end include the following:

Contact an Experienced Albuquerque Rear End Accident Attorney

If you or a loved one has been injured in an Albuquerque rear end accident, call the experienced Albuquerque car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 384-6322  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.