Fatigued and Tired Truck Drivers Causing Albuquerque Trucking Accidents: Federal Regulations Prohibit Driving While Tired

Posted 

February 16, 2017

 by Caruso Law Offices, P.C. | 

Drowsy Driving is Dangerous and Can Cause Serious Trucking Accidents, Which is Why Federal Regulations Govern a Truck Driver’s Conduct

The trucking business is all about delivering cargo to get paid.  The faster the trucking business delivers cargo, the faster the trucking business gets paid.  The faster the trucking business gets paid, the more the trucking business makes.  Simply put, for trucking businesses time is money.  This means the more shortcuts trucking companies can take to speed up the delivery process, the more money they can make.  The faster a trucking business can deliver goods, the less drivers they need and the more hours they can get out of their drivers.

Trucking Shortcuts Kill

These shortcuts, however, put everyone else on or around the roads at risk for trucking accidents.  The most common shortcut is to have a driver work too many hours on the road delivering as much as possible.  This makes the driver sleep-deprived,  fatigued, and dangerous.

This cannot be more true on the interstates in New Mexico, some of the busiest interstates in the country, where drowsy truck drivers could fall asleep behind the wheel going 75 MPH.  This includes Interstate 40 and Interstate 25 going through Albuquerque, New Mexico, and Interstate 10 going through Las Cruces, New Mexico which is another major hub.  Serious personal injuries or wrongful death can easily occur in these types of trucking accidents.

This is why federal regulations help protect all of us on the roadways from drowsy truck drivers.  These regulations apply to all trucking companies and truck drivers on any roads throughout the Untied States.  These regulations apply in addition to any state-specific regulations or laws which also apply.

Federal Motor Carrier Safety Administration Regulations To Protect Drivers From Drowsy Truck Drivers

In addition to it just being negligent under the common law, the federal regulations help prove an Albuquerque trucking accident victim’s case against a tired and fatigued driver.  A violation of a federal regulation is evidence of negligence and can be used to help proof the victim’s case under the theory of negligence per se in an Albuquerque trucking accident.

Specifically, under 49 CFR 392.3, “[n]o driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

This means that both the truck driver AND trucking business are responsible for ensuring that the truck driver is not driving while fatigued.  If a truck driver falls asleep while driving, both will be liable under this regulation if the trucking company knew or should have known the truck driver was fatigued or tired.

When a Truck Driver Falls Asleep Behind the Wheel, a Victim of an Albuquerque Trucking Accident Can Collect Compensation for Injuries or Wrongful Death

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Mark Caruso today by dialing (505) 407-0458 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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