October 9, 2018

 by Caruso Law Offices, P.C. | 

Understanding Deadly Commercial Vehicle Crashes: Albuquerque Trucking Accident Lawyer Explains NY Limo Crash and NM Bus Crash

A little over two months ago our Albuquerque trucking accident lawyer reported on a deadly Greyhound bus and semi tractor trailer crash which occurred in Thoreau, NM on I-40. A total of 9 people were killed, including a prematurely born baby a few days after the crash. Despite how bad this crash was, there was another serious commercial vehicle crash last weekend in upstate New York. On October 6, 2018, a modified limo crashed and killed 20 people when it ran through a stop sign at a T-intersection and continued straight into a tree line. All 17 people in the limo were killed, the driver was killed, and two pedestrians. There are many questions what happened, and initial investigations are finding that the limo driver was not properly licensed and the limo failed a department of transportation inspection last month and was deemed not roadworthy.

These two crashes, even though at nearly opposite ends of the country, are similar because of the nature of the collision. These were commercial vehicle crashes which, upon initial inception and understanding in both crashes, could have been avoided by following the FMCSA and other related state laws and regulations. Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident lawyer knows how to use the FMCSA and applicable state laws and regulations to protect the rights of individuals involved in serious New Mexico big rig wrecks. Call our law firm for a FREE consultation by dialing (505) 308-1556 to learn how we can help you.

FMCSA Violations in Commercial Vehicle Crashes

At the spotlight in both the New Mexico bus and semi tractor trailer crash and the New York limo case is the maintenance of the vehicle. In New Mexico, a blown front tire was identified as the cause of the fatal bus crash. Under the FMCSA regulations, 49 CFR section 393.75 (a) prohibits a commercial vehicle from operating if it has damage to the tire, such as visible ply or belt material, tread or sidewall separation, flat or audible leaks, or any cut deep enough to expose ply or belt material. The duty is on the truck driver to review these issues under 49 CFR section 392.7 (a).

Section 392.7 would also apply to the driver of the limo crash in New York. The initial investigation found that the limo was deemed not roadworthy last month. The onus would be on the limo driver to review and determine the reasons why the vehicle is not roadworthy, and either fix or refuse the drive the vehicle.

This is why the FMCSA is so important. It applies equally throughout the United States to commercial vehicle drivers. While there may become a question of whether a limo is a commercial vehicle subject to the FMCSA, early indications are that it may be held to that standard imposed by the FMCSA. Thus, by allowing these federal regulations to set the benchmark, motor vehicles and large trucks like big rigs, semi tractor trailers, double trailers, tankers, and other large vehicles traveling through New Mexico will have a benchmark set of laws and regulations to apply.

Injured in a Commercial Vehicle Crash? Call the NM Truck Accident Attorneys

If you were injured in a commercial vehicle crash involving a large box truck like a tractor trailer, double trailer, tanker, semi tractor trailer, 18 wheeler, or other big rig, please call our experienced Albuquerque trucking accident lawyer to learn how the FMCSA regulations apply to your case. Call the NM Truck Accident Attorneys by dialing (505) 308-1556 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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