Truck Accident

18 Wheeler Tire Blowout Cause New Mexico Fatal Trucking Crashes

- Mark Caruso

Tire Blowouts from 18 Wheelers Can Caused Fatal New Mexico Trucking Crashes

Large commercial trucks are significantly more dangerous than other vehicles on the roadway and especially on interstates and highways.  This is not just because of their large size, heavy cargo, and speed—which all generate significant momentum—but also because of their wheels.  Yes, an 18 wheeler’s most dangerous attributes is just that—it’s 18 wheels.  These can crush vehicles pulled underneath the vehicle and can even explode like grenades if not maintained properly.

In fact, tire blowouts from 18 wheelers can launch dangerous shrapnel into the air at very high speeds which can tear right through smaller passenger vehicles.  Large chunks could act as unguided missiles, whereas the debris and shrapnel launched could function like an explosive next to other vehicles.

The sad thing is that the vast majority of tire blowouts can be completely avoided with proper maintenance and care.  This means that trucking companies and truck drivers must properly inspect and repair their vehicles before they send them on the roadways.  When they fail to do that, it can be the result of negligence.  If your or a loved one has been injured or killed in a New Mexico 18 wheeler crash caused by a tire blowout, call the Caruso Law Offices, P.C. for a FREE consultation by dialing (505) 883-5000 today.

Drivers of 18 Wheelers Must Inspect Their Trucks

Some large commercial trucks like big rigs, 18 wheelers, tankers, tractor trailers, semis, random trailers, and other large trucks can weigh more than 80,000 pounds.  If a driver ignores torn treads, damages tires, or defective tires it can have massive and deadly consequences.  This is why the federal regulations place certain requirements on an 18 wheeler’s tires.

For instance, 49 CFR s 393.75 provides under sub(a) that “[n]o motor vehicle shall be operated on any tire that—

  1. Has body ply or belt material exposed through the tread or sidewall,
  2. Has any tread or sidewall separation,
  3. Is flat or has an audible leak, or
  4. Has a cut to the extent that the ply or belt material is exposed.”

Further, pursuant to 49 CFR 392.7(a), “[n]o commercial motor vehicle shall be driver unless the driver is satisfied that following parts and accessories are in good working order . . . tires.”  Under subdivision (b), the truck drivers must also check the “wheels, rims, lugs, tires” because they go onto the road.

Thus, when a truck driver falls to do that and there is a tire blowout, it can result in serious personal injury and be caused by the negligence of a truck driver.

Proving Improper Tire Maintenance in 18 Wheeler Truck Crashes

From the fact that an 18 wheeler tire explodes, that is usually sufficient enough proof of negligence in a New Mexico trucking crash.  However, some external factors could cause a tire blowout.  Thus you will need to prove liability that the tire tread was obviously defective or dangerous and could have and should have been discovered in a reasonable inspection.  This includes looking for evidence of the following:

  • Wear damage to the tire shards and leftover pieces that occur over time;
  • Driver’s and truck’s logbook to see when the tires were last replaced;
  • Evidence that the tread was separating and pulling away as opposed to being sliced or damaged;
  • Evidence of the tire being overinflated or under inflated;
  • The logbook of when the truck was last inspected, including when the tires were checked; and
  • Many other pieces of evidence.

Tire Blowouts Caused by New Mexico Trucking Crashes Can Cause Wrongful Deaths

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 Truck Rollover Accidents

- Mark Caruso

Serious Injuries from Truck Rollover Accidents in New Mexico

Semis, tractor trailers, big rigs, double trailers, and other large commercial vehicles are large and heavy.  When they flip over or rollover it can be disastrous to any passenger vehicles unfortunate enough to be in the way.  Most passenger vehicles will be absolutely crushed if they are caught under a truck which flips or rollover.  This will cause catastrophic injuries to the occupants of those vehicles, usually causing fatalities and wrongful deaths due to the trucking crash.

Here at the Caruso Law Offices, P.C., we know how dangerous and deadly truck rollover accidents are in Albuquerque, Las Cruces, Roswell, Rio Rancho, Santa Fe, and all throughout New Mexico.  We represent those injured or killed in trucking crashes and hold the trucking companies liable for their mistakes.  If you or a loved one were injured anywhere due to a truck driver’s mistakes, call us now for a FREE consultation by dialing (505) 883-5000 to learn how we can obtain the maximum amount of compensation you may be entitled to.

Causes of Truck Rollover Accidents

Truck rollover crashes in New Mexico are caused by the negligence of someone, usually the truck driver or the trucking company.  These large commercial vehicles do not simply tip over by themselves.  Lack of care, training, and attention is the primary cause of truck rollover accidents which serious injury or kill victims.

Some common causes of truck rollover accidents in New Mexico include the following:

  • Improper lane changes;
  • Hard braking at the last minute;
  • Going too fast around a curve;
  • Changing a lane too fast;
  • Making a turn too fast;
  • Improperly loaded cargo;
  • Aggressive driving or road rage;
  • Falling asleep at the wheel;
  • Drugged or drunk driving;
  • Mechanical failures; and
  • Other common causes.

Any time there is a truck rollover accident, all victims must contact a New Mexico truck accident lawyer to learn what rights they may have to compensation.  No matter what the insurance company and truck driver tell you, large commercial trucks do not fall over by themselves.

Injuries from Truck Rollover Accidents

The sheer size, weight, and speed that a large commercial truck like an 18-wheeler or semi flip over and roll over will always cause catastrophic injuries to anyone that comes in its path.  These injuries can result in horrific pain and suffering, debilitating medical bills, and years of recovery and lost wages.

Some common injuries include the following:

New Mexico Truck Rollover Accidents Require an Experienced Personal Injury Attorneys’ Help

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.

Hurt by New Mexico State Truck: How Long Do I Have to Sue?

- Mark Caruso

Special Rules Apply When New Mexico State Big Trucks Cause Accidents Which All Victims Need to Know

There are more and more large commercial trucks on the roads, especially on New Mexico’s busy interstates such as I-10, I-40, and I-25.  This means there are more possibilities for serious Albuquerque trucking crashes to occur which can seriously injure or kill an individual.  While many of these trucking crashes are caused by some of the country’s largest trucking companies like Schneider, J.B. Hunt, and FedEx, some of these trucking crashes are caused by New Mexico State vehicles.  This is particularly true of New Mexico State Department of Transportation trucks, which can be very large heavy, and bulky vehicles that could cause catastrophic trucking accidents.

But unlike other large commercial trucks, motor vehicle crashes involving New Mexico State trucks have special rules that victims must follow or their claim will forever be barred.  Here at the Caruso Law Offices, P.C., we know how these rules work and ensure they are complied with so that a victim’s right to compensation is not violated.  Call our experienced Albuquerque trucking crash attorneys for a FREE consultation by dialing (505) 883-5000 to learn how we can help you and your family recovery after a serious trucking crash anywhere in New Mexico.

Trucking Crashes Involving New Mexico State Vehicles: Know How Long You Have to File a Claim

Generally, under New Mexico law the victim of a negligence case such as a motor vehicle accident has three years from the date of the accident to commence a lawsuit.  This is known as the statute of limitations period.  Failing to commence an action within the statute of limitations period is grounds for dismissing the case and preventing the victim from recovering any compensation.

However, in a trucking crash involving a New Mexico State vehicle such as a Department of Transportation truck the rules are different.  There, there must be a notice of claim victim within 90 days of the accident.  This is an important and very rigid requirement which tells the State that there was an incident which resulted in a claim caused by the conduct of a State worker or the State.  This is abbreviated because the purpose is to allow a thorough investigation before memories fade and evidence disappears since most State employers perform a lot of tasks in a short period of time.  This is also to create an expedited settlement process wherein the State, after investigating the claim, could offer to settle before proceeding to litigation.

Once the notice of claim process plays out, if the State does not settle there must be a lawsuit.  However, this is also not the normal rules for a trucking crash.  Unlike the normal rule that a lawsuit for a trucking crash must be commenced within 3 years, when the State is the defendant it is actually only 2 years.  This is under the New Mexico Tort Claims Act which makes it harder for a victim to sue the government.  If a victim does not know this, or if a lawyer representing the victim is not careful, it can result in the dismissal of the case even if it is a perfect, slam-dunk case.

Hire an Experienced Albuquerque Trucking Crash Attorney Against the State of New Mexico in DOT Crashes

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.

What are my Rights as a Passenger in a New Mexico Motor Vehicle Crash

- Mark Caruso

Passengers Have Different Rights and Liability Than Drivers in New Mexico Motor Vehicle Crashes: New Mexico Personal Injury Attorney Explains

Any type of motor vehicle crash can result in multiple victims being injured or killed by negligent acts or omissions of a driver.  However, all drivers could have come fault in the accident—even if one was not the actual or direct cause of the accident.  Whereas passengers very likely have any fault in causing the accident because they were not operating a vehicle.  This is why passengers and drivers have different rights and liability in New Mexico motor vehicle crashes.

Therefore, it is important that passengers who are victims of motor vehicle crashes call an experienced New Mexico personal injury attorney to represent their rights.  They do not have the same rights or liabilities as a driver, and passengers may be entitled to more money than a driver.  Here at the Caruso Law Offices, P.C., we have represented passengers who were victims of some horrific motor vehicle crashes in Albuquerque, Las Cruces, Roswell, and almost throughout the entire state.  If you or a loved one was injured or killed as a passenger in a motor vehicle crash, call our experienced New Mexico motor vehicle crash attorneys to learn more how we can help protect your rights to compensation by dialing (505) 883-5000.

Establishing Fault in New Mexico Motor Vehicle Crashes

There are many different possible causes of all motor vehicle crashes.  In fact, most times motor vehicle crashes are inappropriate for accelerated judgment, known as a motion to dismiss or for summary judgment, simply because there could be so many different things a reasonable person could have done to avoid the accident.  This means that there is a question of fact for a reasonable person, i.e. the jury, to resolve.

However, passengers very rarely have any comparative fault in a motor vehicle accident.  Unless a passenger is distracting the driver, grabs the wheel, or blocks the driver’s view, it is very unlikely for a passenger to have caused a motor vehicle crash.

This means that a passenger cannot be found partially at fault for the crash.  Said differently, this means that a passenger is entitled to recovery the full amount of his or her injuries because he or she will be said to not have contributed to the crash.  This means that victims who are passenger are usually in a better position to recover compensation from the other parties.

Passengers Who are Children Have Special Rules

Where a passenger in a vehicle involved in a motor vehicle crash is a minor, that child has slightly different rules regarding the lawsuit when the parent was the driver of the car the child was in.  This is because, unfortunately and technically, the child may have a claim against the parent for negligent driving or comparative fault.

For example, if the defendant is 90% at fault for the car crash but the parent admitted to not paying attention and could have braked or mitigated the accident by taking some last-second evasive maneuver, the parent could be liable for 10% of the crash.  This means the passenger-child can collect 90% of the judgment from the defendant and 10% from his parent.  That may not seem like a lot, but damages to children are often very high and above a million dollars.  That means 10% could be well-over a $100,000 in compensation.

Because of this, the same lawyer cannot usually represent the parent-driver and the child-passenger.  This is to avoid a conflict of interests.  It is important for victims to know about this, because it could result in a big problem during the lawsuit or at the time of trial.  It is also important to know about this because it could be a source of compensation for the child to recover damages for the car crash from, i.e., the parent’s insurance company.

Passengers Hurt in New Mexico Motor Vehicle Crashes Need to Call 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 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 Trucking Crashes Caused by Truck Driver Texting

- Mark Caruso

Texting While Driving is Very Dangerous, Especially When the Driver is a Truck Driver: New Mexico Trucking Crashes and Wrongful Deaths

Cell phone use is pervasive while driving.  People have been talking on the phone while driving for over a decade, and many motor vehicle manufacturers are even creating bluetooth systems to people can continue to talk while driving.  This does make it slightly safer as it allows both hands to be back on the wheel.

Which is why texting while driving is so dangerous, as even with the advent of bluetooth systems it is still very hard if not impossible to text while driving with both hands on the wheel.  Because of this, texting while driving is quickly becoming just as dangerous as drunk driving and drugged driving—if not more dangerous.  Many motor vehicle crashes are being caused when drivers divert their attention, eyes, and hand off the wheel to text.

This is particularly dangerous for large commercial truck drivers, like those who operate tandem trailers, big rigs, semis, flatbeds, tractor trailers, double trailers, 18-wheelers, tankers, and other large vehicles.  A truck driver texting while driving just becomes an unguided missile, especially on the interstates or highways of New Mexico.  If you or a loved one have been seriously injured or killed due to a commercial truck driver texting while driving, call the experienced New Mexico trucking crash attorneys at the Caruso Law Offices, P.C. to learn how to we protect your rights to compensation by dialing (505) 883-5000 for a FREE consultation.

Texting While Driving is Against the Law for All Drivers in New Mexico

Our Legislature in New Mexico has made it illegal for anyone and everyone, except in dire emergency circumstances, to text while driving.  This is provided for in NM Stat. 66-7-374, subdivision (A), which provides that “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle . . . .”

When any driver causes a motor vehicle crash in New Mexico because he or she was driving while texting, that person will be violating this statute.  Victims of that motor vehicle crash can hold that defendant negligent per se, meaning that he or she will be liable for all harm caused by violating what the statute meant to the protect.

The prohibition on texting while driving was intended to protect all motorists on the road, therefore anyone texting while driving and causing an injury will be deemed negligent under these circumstances.  This applies to all commercial truck drivers as well.

Truck Drivers Have an Additional Rule Prohibiting Them From Texting While Driving

Even though NM Stat. 66-7-374 applies to all commercial truck drivers, that is New Mexico statutory law.  There are also federal regulations which apply to all truck drivers no matter what state they are driving in which also prohibit truck drivers from texting while driving.  The specific regulation is 49 CFR section 392.82, which provides that no driver of a commercial truck shall engage in texting while driving.  The regulation also prohibits any trucking company from requiring the truck driver to text while driving.

Unlike the New Mexico statute, a violation of this regulation which causes a personal injury in a trucking crash is not automatically negligence but evidence of negligence.  This means that a truck driver is not automatically liable to a victim.  However, because our Legislature enacted NM Stat. 66-7-374 (something not all states have), victims of New Mexico trucking crashes have been further protected by our government and accidents like this are automatically deemed caused by the negligence of a truck driver.

Therefore, victims in New Mexico have stronger protections and rights, as long as they have an experienced trucking accident attorney that knows this.

The Caruso Law Offices, P.C. is a Trusted, Knowledgeable, and Experienced New Mexico Trucking Crash Law Firm that Victims Need to Call to Get the Maximum Amount of Compensation They Deserve

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.

Spinal Fusions Caused by Albuquerque Trucking Accidents

- Mark Caruso

Albuquerque Trucking Accidents Can Cause Serious, Permanent, and Debilitating Injuries Including the Need for a Spinal Fusion

Big rigs.  18-wheelers.  Double-trailers.  Tankers.  Flatbeds.  Semi-trucks.  Tractor-trailers.  There are all very large and dangerous commercial trucks used by some of the largest trucking companies in the United States, including Schneider, Estes, US Parcel, FedEx, J.B. Hunt, and other companies.  These large trucks are all over our highways and interstates delivering cargo and goods throughout the county, including in New Mexico on I-40, I-25, and I-10.

With their sheer size and heavy weight, these large trucks can cause very serious, permanent, and debilitating injuries to victims of trucking crashes.  Our experienced Albuquerque trucking accident attorneys at the Caruso Law Offices, P.C. know how catastrophic these trucking crashes can be.  We have handled many cases which have resulted in a spinal fusion, which is a permanent and incredibly debilitating injury for any person to have to sustain.  If you or a loved one have been serious injured and require a spinal fusion due to a trucking crash in Albuquerque, Las Cruces, Roswell, or anywhere else in New Mexico, call us today for a FREE consultation by dialing (505) 883-5000.

What are Spinal Fusions in Trucking Crash Cases?

Trucking crashes cause spinal fusions to innocent patients.  A spinal fusion is exactly what it sounds like.  A surgeon will go in and fuse several vertebrae together to form one.  This is done because of the damage to the area which causes serious nerve, muscle, and back pain every time the vertebrae wiggle or move together.  So by fusing the vertebrae together, the vertebrae no longer move to cause pain to the nerves, muscle, or other back pain.

To achieve this, a surgeon usually move cut out part of the vertebrae and remove the jelly-like disc in between the vertebrae.  Next, the surgeon will either use cement, a synthetic disc, or bone/tendon from another part of the victim’s body and place it in the empty space.  Then a surgeon will install pedicle screws along the left and right said of all vertebrae to be fused together.  The surgeon will then thread a metal rod through those screws in a straight line, and tighten them so they do not move.  Now the vertebrae will be permanently fused.

As you can appreciate from the description, this is a horrifying and incredibly devastating procedure on a victim.

Back and Spinal Injuries from Albuquerque Trucking Crashes Which Usually Result in Spinal Fusions

There are many different types of injuries caused by Albuquerque trucking accidents which may result in spinal fusions.  This includes the following injuries:

  • Severe whiplash injuries;
  • Spinal cord injuries;
  • Dislocations;
  • Spinal fractures;
  • Serious muscular injuries;
  • Broken bones;
  • Nerve pain;
  • Serious lacerations to the back;
  • Disc herniations;
  • Annular tears of the discs;
  • Spinal stenosis;
  • Spinal narrowing;
  • Hemorrhaging or serious hematoma in the spinal cord; and
  • Other serious injuries.

Spinal Fusions Caused by Albuquerque Trucking Crashes Need the Caruso Law Offices, P.C. to Represent Them

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.

Unqualified Drivers Causing New Mexico Trucking Accidents: Trucking Company Liability

- Mark Caruso

When Trucking Companies Allow Unqualified Drivers to Operate Commercial Vehicles, the Trucking Companies are Liable for New Mexico Trucking Crashes

Driving a large commercial truck such as a big rig, 18-wheeler, semi, tanker, tandem trailer, tractor-trailer, flatbed, or any other large vehicle is not like driving a car.  Drivers must have additional experience and pass additional licensure requirements before they are legally allowed on the roads.  It is the responsibility of the truck driver to comply with these additional requirements and laws, but it is also always the requirement of the trucking company to ensure all of its drivers are qualified.

Unqualified drivers are simply more dangerous and likely to cause a serious New Mexico trucking crash.  With some of the largest and busiest trucking interstates in the United States, New Mexico’s I-40, I-25, and I-10 can already be very dangerous places.  Add inexperienced or unqualified driver and you have a recipe for deadly trucking cases.

Our experienced New Mexico trucking accident attorneys at the Caruso Law Offices, P.C. have handled many of these types of fatal trucking crashes and know that victims deserve to be protected.  One of the most basic things that a trucking company can do is to avoid placing unqualified drivers on the road.  Unfortunately, far too many trucking companies simply do not care and put people on or around the roads at risk.  If you or a loved one have been seriously injured or killed in a commercial trucking crash caused by an unqualified driver, call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

What is a CDL and Why is it Required?

A CDL, or commercial driver’s license, is simply a driver’s license required to operate large commercial vehicles or trucks.  Almost every truck driver needs one.  To apply for a CDL in New Mexico, a driver needs to have a regular driver’s license and then take a CDL course.  There is a general knowledge written test which must be passed.  A CDL application must also pass a hand’s on behind-the-wheel driver’s test which tests the physical ability of the driver.  There are numerous other background and test submissions required as well.

The purpose of a CDL is to ensure that the drivers of large commercial vehicles know what they are doing and are trained, able, and knowledgeable about operating these types of motor vehicles.  The goal is to reduce the number of trucking crashes and injuries or fatalities caused by these trucking crashes.

Liability for Unqualified Truck Drivers

There is an extensive federal matrix of regulations applicable to all truck drivers throughout the United States.  Under 49 CFR 390.3 (a), the regulations apply to all employers, employees, and commercial vehicles transporting goods throughout multiple states.  Under 49 CFR 391.11 (a), “[a] person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle” which includes having a CDL.  Therefore, the burden is on the truck driver to comply with the licensing laws.  Thus if he or she fails to do so and causes a serious New Mexico trucking crash, the victim of such crash can use this to help establish liability.

Under 49 CFR 391.21, the trucking company must review the truck drivers application and ensure he or she has the requirements.  Moreover and more directly, 49 CFR  390.11 provides that, for the requirements of the regulations imposed on a driver or a prohibition on a driver, “it shall be the duty of the motor carrier to require observance of such duty or prohibition.  If the motor carrier is a driver, the driver shall likewise be bound.”

Therefore, where the violation of a regulation due to the truck driver being unqualified to drive, such as not having a CDL, the trucking company will be just as liable as the truck driver.  This is important because it allows victims to hold the trucking company—who are in the best position to police the drivers who they entrust with these very dangerous machines—liable for injuries or deaths of other people the roadways in New Mexico.

Unqualified Drivers Causing Crashes in New Mexico Are Liable to Victims of New Mexico Trucking Crashes, and So are Trucking Companies

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.

Fatalities or Serious Injuries from Albuquerque Truck Crashes Require Alcohol and Drug Testing

- Mark Caruso

Trucking Companies Must Perform Alcohol or Drug Testing When There is a Fatal Crash or Serious Injuries from a Dangerous Albuquerque Trucking Accident

Trucking is big business in the United States.  Many of America’s big businesses are trucking companies or logistics companies.  They use the interstate system to send goods from coast to coast and north to south, including some of the busiest interstates in the country which are in New Mexico like I-40, I-10, and I-25.  The largest trucking companies use these interstates constantly and are United Parcel Service of America, Fed Ex, J.B. Hunt Transport Services, YRC Worldwide, Swift Transportation, HUB Group, and many more.

Because of this, there are extensive federal regulations which govern the conduct of large commercial vehicles throughout all states.  States are free to add more restrictions or laws, but the federal regulations will cover a large amount of the standard conduct.  Even though most trucking companies try to comply, unfortunately a lot of times they cut corners, make mistakes, and don’t exercise safety.  This results in very serious trucking crashes, including in New Mexico.

Drugs and Alcohol are Major Cause of Albuquerque Trucking Accidents

One of the most common causes of trucking crashes in New Mexico is due to drugs or alcohol.  It is a sad truth that a lot of truck drivers do drink immediately before or even during their shift.  Some do it habitually, others do it to deal with the stress of being away from family.  But either way, it is illegal and dangerous.

It is also well-known that truck drivers will also abuse drugs.  Most of the abused drugs are stimulants to keep them awake and give them energy to continue driving long periods of time without rest.  However, the drugs will also cause troubles with inhibitions and make it harder for motorists to react or judge distances.  This can easily result in serious personal injuries in a truck crash.

Trucking Companies Must Test Truck Drivers for Drugs or Alcohol in Certain Circumstances

Under the federal regulations, a trucking company must test a driver for drugs or alcohol after an accident in certain circumstances.  If the trucking company fails to do so, it will be a violation of the federal regulations and an injured victim could use that to demonstrate the trucking companies negligence, lack of protocol, and poor structure which caused the motor vehicle accident.  These regulations are under 49 CFR s 383.303.

First, a trucking company must test a truck driver for drugs or alcohol if the driver gets a citation/ticket from law enforcement and there were either very serious personal injuries which need immediate medical treatment away from the scene (i.e., requiring hospitalization) or if a disabled vehicle must be towed form the scene.

Second, a trucking company must test a truck driver for drugs or alcohol if there is a fatality from the trucking accident.  This is an obvious one, but sometimes fatalities do not always occur right after the crash.  In fact, the federal rules state that a fatality is related to the crash if it occurs within 30 days.  Thus, a trucking company is best to always test a driver involved in a very serious crash which causes possibly fatal injuries.

The time to test for alcohol must be within 2 hours after the accident.  The time to test for drugs but be within 32 hours after the accident.  During this time, unless law enforcement says otherwise, a truck driver may actually continue to drive despite having a crash.  If a truck companies let the driver continue knowing he or she may be positive, that too can result in liability for the trucking company.

Injured in an Albuquerque Trucking Crash Caused by a Drunk or Drugged Truck Driver?  Not Sure if the Trucking Company Tested Him or Her, or Helped Protect You from Harm?  Call the Caruso Law Offices, P.C. to Learn How We Can Protect Your Rights!

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.

Albuquerque Truck Crashes Caused by Driver Inexperience: Who is to Blame?

- Mark Caruso

Albuquerque, New Mexico Truck Crashes Caused by Driver Inexperience Results in Liability for Driver AND the Trucking Company

It goes without saying that large commercial trucks are very different than other motor vehicles on the road.  They are much more difficult to drive and require special training, skill, and even a special CDL license.  This license requires not just a paper test, but also ride-along hours before a physical road test.  Most trucking companies, particularly the largest companies like US Parcel, Schneider, FedEx, and other companies also require new drivers to do certain training and safety courses.  They sometimes even have to pass company-specific training courses or tests.

However, sometimes these are not enough to keep dangerous drivers off the road.  And the most dangerous truck drivers in New Mexico are the ones with the least amount of experience.  Here at the Caruso Law Offices, P.C., we know that.  We have handled many cases where the truck driver was undertrained and never should have been on the road.  Yet trucking companies still allow these dangerous drivers to be on the road and cause serious injuries to other drivers.  If you or a loved one have been injured in a truck crash in Albuquerque or anywhere in New Mexico, call us for a FREE consultation by dialing (505) 883-5000.

Trucking Companies are Liable for Inexperienced Truck Drivers

Before a trucking company loads up a truck driver with large, heavy cargo and throws him or her onto the interstate such as I-40, I-10, or I-25, the truck driver must be well-trained.  Large commercial trucks like semis, big rigs, tandem trailers, tankers, flatbeds, and other large vehicles are incredibly dangerous.  Trucking companies need to ensure that their truck drivers are able to handle the huge responsibility of safely delivering cargo throughout the United States.

And when trucking companies do not, it can result in liability for the trucking company.  This is because trucking companies are vicariously liable for the acts of their truck drivers such as trucking crashes.  This is under an ancient legal doctrine which still survives today, known as a master-servant relationship called respondeat superior.  This doctrine means that a master or employer will be liable for the acts or omissions of a servant or employee.

Therefore, when a truck driver is negligent in causing a trucking accident in Albuquerque, it will result in liability for the trucking company.  This is an important tool for personal injury victims to use to win their case.

Truck Drivers Who Cause Albuquerque Truck Crashes Will Make Their Trucking Companies Liable

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.

Motorist Killed When Cargo from Truck Falls Off and Hits Her: Las Cruces Trucking Accident Attorneys Explain

- Mark Caruso

Innocent Woman is Killed in a Las Cruces Trucking Accident When Improperly Secured Cargo Launched off a Commercial Truck and Into Her Vehicle

News outlets are reporting that a southern New Mexico woman, 51 year old Amelia Dominguez, was killed in a New Mexico trucking accident on State Route 9.  Cargo fell off of the commercial truck and launched into her vehicle.  She was severely injured and died days later at an area hospital.  The truck was going one way and she was going in the opposite direction.  The police investigation found that that a safety tie down restraint broke or otherwise disengaged from the load.  The load then launched into the opposite lane where Ms. Dominguez was driving in the opposite direction.

Here at the Caruso Law Offices, P.C., we know that all aspects of commercial trucking is dangerous.  Sometimes the actual truck itself is not what can kill a victim.  Excessive cargo, unsecured cargo, and improperly transporting objects can be just as deadly as falling asleep at the wheel.  Our experienced Las Cruces New Mexico trucking accident attorneys have the resources, knowledge, and experiences in handling these types of very serious trucking crashes.  If you or a loved one have been seriously injured or killed in a trucking accident due to falling cargo, call us for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

All Truck Drivers and Trucking Companies Are Responsible for Cargo on Their Commercial Trucks

Under New Mexico Law, according to NM Stat. 66-7-364 it is illegal to place injurious material on a highway which includes cargo from a truck.  There is also New Mexico common law, or judge-made law, which requires truck drivers to guard against cargo falling off of their vehicles and striking others on the roadway.  It would be negligent to allow cargo to fall off and recklessly or unnecessarily harm another.

There are also extensive federal regulations of FMSCA which allow throughout the United States.  Specifically, these regulations require that all truck drivers and truck companies must inspect and secure their cargo pursuant to 49 CFR s 392.9.  In fact, truck drivers must even inspect their truck within the first 50 miles after beginning a trip and make adjustments.  In addition, 49 CFR s 393.100 also contains protections against shifting and falling cargo and provides an extensive list of scenarios, fixes, and devices that must be done.

When a truck driver and trucking company fail to comply with New Mexico statutory law, New Mexico common law, and the federal regulations, it can result serious personal injuries to a victim in a Las Cruces trucking accident like to Ms. Domingeuz.  This can be negligent.  Under the doctrine of negligence per se, the violation of a statute meant to protect a victim from harm will automatically result in a finding of negligence.  Meaning that the trucking company and truck driver are automatically liable.

However, a violation of a federal regulation is only evidence of negligence–it is not automatically.  Nonetheless, a violation of federal regulations is a strong tool to use against a defendant trucking company or truck driver which killed an innocent person.

In the case above, it is highly likely that the trucking company or truck driver will be negligent as a matter of law for Ms. Dominguez’ untimely and horrific death under negligence per se and under the common law.

Unsecured Cargo Can Kill, and If it Does Call the Caruso Law Offices, P.C. to Protect Your Rights 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) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.