New Mexico Truck Drivers Must Control Speed During a Dust Storm

- Mark Caruso

When a Dust Storm Limits Visibility, New Mexico Truck Drivers Must Reduce Speed to Prevent Accidents

Dust storms can wreck havoc on a highway or interstate.  This is dangerous because motor vehicle driving on highways or interstates are traveling at a high rate of speed.  The reduction in visibility due to the dust storm and the increase in stopping distance due to the high speed is a recipe for serious motor vehicle accidents.  This is particularly true when large commercial trucks are involved in New Mexico trucking accidents during dust storms while on interstates.

The experienced New Mexico trucking attorneys at the Caruso Law Offices, P.C. are bringing a matter to trial where this recipe for disaster occurred and resulted in the death of seven people.  There was an ongoing dust storm on Interstate 10, and several passenger vehicles slowed down as reasonable under the circumstances of the dust storm.  However, despite the limited visibility, three large trucks continued to plow forward at full speed.  Given the limited visibility and increased stopping distance, the large tractor trailers rear ended the passenger vehicles.  This blocked a portion of Interstate 10, causing several other vehicles to crash into the pileup.  This resulted in an explosion and large fire, causing the death of all seven occupants of the passenger vehicles.  None of the truck drivers were seriously injured or killed.

The matter is in front of a New Mexico jury seeking damages for the wrongful death of our client.  If you or a loved one have been injured or killed in a similar New Mexico trucking accident, call us today and speak with our experienced trucking accident attorneys.  We will advise you of your rights in a FREE consultation, and help you move forward with your claim and your life.  Call us today at (505) 883-5000.

Large Commercial Trucks Need to Reduce Speed when Visibility is Limited in a Dust Storm, Even if this Means to Half of the Posted Speed Limit!

Most drivers on the highway or interstate travel around or at—even above—the speed limit.  While in ideal conditions this may be acceptable, when there is a dust storm limiting visibility, it can result in limited visibility.  Under New Mexico law, the weather conditions limiting visibility would require a motorist to reduce and control his or her speed on the interstate so as to avoid colliding with another vehicle.

Specifically, this is governed by New Mexico Stat. 66-7-301, which requires “[i]n every event, speed shall be controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway.”  Thus, in a dust storm a large commercial truck would be required to slow down on the interstate.  This could mean only lowering the speed by 15 MPH, but this could mean lowering speed to 15 MPH in total.  The standard is avoiding collisions with other vehicles.

New Mexico Trucks Must Control Speed During Dust Storms

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.