May 6, 2019

 by Caruso Law Offices, P.C. | 

Trucking Companies May be Liable for Forcing Truck Drivers to Drive Faster than the Speed Limit

The trucking business is the class “time is money” type of industry. The faster the a truck driver makes a delivery, the faster that the truck driver and trucking company make money. The more deliveries done, the more money made. This kind of mentality is dangerous because it promotes behavior from trucking companies and truck drivers which cut corners on safety. This could result in a New Mexico trucking accident. One of the most obvious ways this happens is due to speeding. While truck drivers are required under New Mexico law and FMCSA regulations to comply with the speed limit on the roadway that they are driving, trucking companies want to earn more money and force more deliveries in a shorter timespan.

But when trucking companies force a truck driver to make deliveries at an unrealistic delivery schedule, it can lead to disastrous results in a New Mexico trucking accident. Trucking companies could literally force a truck driver in a delivery schedule that, based on the amount of time to make a delivery and the distance, it would force a truck driver to violate the speed limits posted on any possible route. This not only causes a truck driver to violate New Mexico vehicle and traffic law, but also federal regulations which can make both the truck driver and trucking company liable for any 18 wheeler wreck caused during the delivery. If you or a loved one have been injured by a truck driver or trucking company that was rushing, please call our New Mexico trucking accident lawyers at the Mark Caruso to learn what your rights to compensation may be by dialing (505) 308-1556.

FMCSA Regulations on Forcing Truck Drivers to Drive Faster than the Speed Limit

The Federal Motor Carrier Safety Administration (FMCSA) has enacted regulations which apply to all commercial drivers no matter what state he or she is driving in. These regulations also apply no matter where the truck driver or trucking company are located or in what state they reside/principle place of business. These regulations are extensive and a rather thorough matrix of rules which apply in a variety of situations.

Relating to speed limits and delivery schedules, 49 CFR section 392.6 provides the following: “No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

This regulation very specifically provides that no trucking company and force a truck driver to operate a commercial vehicle like an 18 wheeler, big rig, or box truck at a rate faster than the speed limit just to make a delivery. For example, if a trucking company sets a schedule and requires a truck driver to make a delivery 200 miles away, within 2 hours, and when the speed limit is 65 MPH at most the entire way, there is not mathematic way for the truck driver to make this delivery while not driving above the speed limit.

If a truck driver causes a New Mexico trucking accident due to speeding, and this regulation is violated, it is likely that the trucking company may be liable for both 1) the negligence of the truck driver (as part of a vicariously liability claim, meaning the trucking company is liable for the actions of its employee), and 2) separately negligent for causing the truck driver to operate at a rate higher than the speed limit in violation of section 392.6. This is a powerful case against a trucking company.

Hurt Due to a Speeding Truck Driver? You May Have a Separate Claim Against the Trucking Company

If you have been seriously injured or a loved one was wrongfully killed due to a New Mexico 18 wheeler wreck caused by a truck driver that was speeding, please call our experienced New Mexico trucking accident lawyer at the Mark Caruso to learn how we can help you today. The negligence may not just be on the truck driver, but also the trucking company for creating unrealistic delivery schedules. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso 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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