May 7, 2018

 by Caruso Law Offices, P.C. | 

Truck Drivers Following Too Closely: Serious Albuquerque Trucking Crashes Caused by Rear End Collisions

Under New Mexico statutory law, 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.” In addition, New Mexico common law, or judge-made law, also provides that motorists must use reasonable care under the circumstances to avoid collisions with other vehicles on or around the roadway. This would similarly include a duty to avoid causing rear end collisions.

However, some truck drivers violate this statute regularly. It may be due to the fact that trucking is a “time is money” business, wherein the slower a delivery takes the slower a truck driver and trucking company get paid. This causes truck drivers to drive more aggressively than they should just to get deliveries done faster. In addition, some truck drivers violate this statute because of unfamiliarity with a large commercial truck. Many think they are still operating a regular vehicle which can stop much faster and quicker than a large box truck, 18 wheeler, semi tractor trailer, or other commercial vehicle. This is because the weight of a large truck requires increased distance to stop. Following too closely can result in dangerous Albuquerque rear-end collisions.

Proving Liability in Albuquerque Trucking Crashes Caused by Following Too Closely

When a truck driver operating a large box truck rear ends another vehicle, it is likely that Section 66-7-318 is being violated. This means that a victim may use that violation of a statute to automatically establish negligence against the truck driver. This is known as the doctrine of “negligence per se,” and is important to victims in personal injury actions.

In addition, this section can be violated in many different situations or circumstances which cause Albuquerque trucking crashes. This includes the following:

  • Following too closely in heavy traffic;
  • Driving below the speed limit but still following too close to stop in time;
  • Box truck crashes in inclement whether such as dust storms or heavy rain which require motorists to go slower, including large trucks per the FMCSA regulations;
  • Following too closely on bumpy or damaged roads which make it harder to stop or avoid other vehicles; and
  • Other types of crashes.

Victims of New Mexico Rear End Collisions Caused by Following Too Closely Should Call Mark Caruso, PLLC

Generally, a vehicle that is following too closely and rear ends another vehicle, that vehicle driving too close will be liable for the crash. While the liability is easier to establish under these circumstances, damages can be more difficult to establish because medical experts, economists, vocational experts, and other professionals which are required to demonstrate the proof.

Victims should call the NM Truck Accident Attorneys to learn how our Albuquerque trucking crash lawyers can help fight for your rights to compensation when a truck driver is following too closely. Call us by dialing (505) 308-1556 today. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

free consultation

Please fill out this form and send it and we will quickly reach back out to you with answers.

Call to arrange a no-pressure confidential and FREE consultation with an experienced New Mexico personal injury attorney

Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

Get a free consultation by phone, at our office, your home, the hospital or other location. We travel the state representing clients, so we can meet you anywhere in New Mexico


Learn more about how our dedication to results can benefit you. Start with a free initial consultation.
California Ontario Albuquerque Alamogordo Belen Bernalillo Carlsbad Cibola County Clovis Deming Farmington Gallup Grants Hobbs Las Cruces Las Vegas Los Lunas Lovington Moriarty Rio Rancho Roswell Sandoval County Santa Fe Silver City Torrance County Valencia

Copyright © 2023 Caruso Law Offices, P.C. | All Rights Reserved | HTML Sitemap | XML Sitemap | Privacy Policy | Terms & Conditions

Powered by: