Dust Storm Trucking Accidents Due to FMCSA Violations


July 13, 2021

 by Caruso Law Offices, P.C. | 

Know When Weather Can Result in Liability Against a Trucking Company: Dust Storm Trucking Accidents Due to FMCSA Violations

Those living in New Mexico are no strangers to dust storms. Dust storms are fairly common in New Mexico, and are a known hazard when having to drive in a dust storm. Semi-tractor trailer drivers are especially familiar with driving in dust storms given that their profession involves extensive driving. Therefore, big rig drivers should be aware of and know how to minimize the risks of accidents while driving in dust storms. Unfortunately, not all tractor trailer drivers choose to operate their vehicles with caution, leading to trucking accidents. Dust storm trucking accidents due to FMCSA violations can result in particularly catastrophic injuries due to their size and weight.

If you or your loved one was injured in a dust storm trucking accident in New Mexico, we encourage you to call our office today to speak to an experienced trucking accident attorney who can help you to gain the maximum compensation for your injuries. At the Caruso Law Offices, P.C., we have dedicated our experience to helping victims of serous or catastrophic trucking accidents in New Mexico recover the compensation that they deserve for pain and suffering, medical bills, lost wages, and other damages due to the negligence of another party. Learn how we can help you during a FREE consultation.

How Truck Drivers Can Contribute to Dust Storm Trucking Accidents

As mentioned above, New Mexico professional truck drivers are trained to operate their trucks with caution while driving in hazardous conditions such as dust storms. When truck drivers do not exercise proper caution and it leads to a trucking accident that causes serious injuries, truck drivers should be held liable for their actions. Truck drivers can contribute to dust storm trucking accidents by failing to do the following:

  • Turning on their hazard lights
  • Driving at an appropriate speed given the weather conditions
  • Pull off to the shoulder of the road if there is low visibility

Laws in New Mexico Requiring Truck Drivers to Exercise Caution in Dust Storms

Truck drivers in New Mexico are required to follow state and federal laws in regard to driving in poor weather conditions. According to NM Stat. 66-7-301, “[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.” This includes exercising caution in poor weather conditions to avoid a trucking accident.

Federal Motor Carrier Safety Administration regulation 49 CFR 392.14 in regard to driving in poor weather conditions states “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by . . . dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can safely operated.”

Thus, under New Mexico law of the federal FMCSA regulations, truck drivers must stop when the dust storm is so significant that they cannot see or safely drive their vehicles.

How Our Experienced Trucking Accident Lawyers Can Help You

If you or your loved one was injured in a dust storm trucking accident, our experienced dust storm trucking accident lawyers can help you to gain maximum compensation by doing the following:

  • Obtaining records from the scene of the accident
  • Speak to witnesses who may be able to provide information regarding how the truck driver was driving
  • Request evidence that can prove that the truck driver acted negligently, including the truck driver’s black box which records information regarding how the truck driver was driving.
  • Represent you in a court of law to help you gain the maximum amount of compensation possible

It is so important to work with not just any lawyer, but an experienced trucking accident lawyer as it can sometimes be difficult to prove fault in a trucking accident case. Trucking accident lawyers know what to look for and how to go about proving liability so you are given the best opportunity possible for gaining the maximum amount of compensation possible for your injuries.

Call Us For Help After Dust Storm Trucking Accidents Due to FMCSA Violations

At the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident lawyers in New Mexico want you to know that we can help recover compensation for you with no upfront financial cost or risk to working with our law firm. This is because we accept cases on a contingency fee agreement, meaning we do not get our lawyer’s fees paid until we recover compensation for you. We also pay all upfront litigation costs, only to be reimbursed once we recover compensation for you. Learn how we can help you by calling (505) 384-7865 to schedule your FREE consultation.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 384-7865 or contact us through our website’s easy to use and convenient contact box available here.

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