Fatigued Truck Driver Causing a New Mexico 18 Wheeler Wreck

Posted 

August 9, 2019

 by Caruso Law Offices, P.C. | 

When a New Mexico 18 wheeler wreck is caused by a fatigued truck driver, a victim of this dangerous and often deadly type of auto accident should call our Albuquerque trucking accident lawyers.  This is because New Mexico law and federal regulations under the Federal Motor Carrier Safety Administration (FMCSA) require truck drivers to have certain rests/breaks, time limits on driving, and to NOT operate any motor vehicle when feeling tired or fatigued.  Any time a truck driver causes a serious or deadly New Mexico 18 wheeler wreck due to fatigue or sleepiness, victims may be entitled to compensation.  Learn more about why in the post by the Mark Caruso

Why Fatigue is Dangerous for Truck Drivers

We all know that it is dangerous to operate any vehicle, whether that is a large tractor trailer or a bicycle, when fatigued, tired, or sleepy.  This is because we could cause an accident and hurt ourselves or others on the roadway.  However, the motto for trucking companies and truck drivers might as well be time is money, and the more time they can spend driving the faster they can make more money.

But this is dangerous for us and everyone else.  Fatigued driving is dangerous driving.  Especially for truck drivers of large commercial vehicles because these vehicles require more stopping distance, greater clear zones, and are simply more complicated to operate.  Even tasks such as braking and turning a wheel are more complicated and difficult because they require greater force and effort.

Thus, if a truck driver is physically and/or mentally tried or fatigued, he or she will simply be a more dangerous driver.  A dangerous driver could become a deadly driver if the errors are too egregious.

FMCSA Regulations on Truck Driver Rest

It goes without saying that both New Mexico and FMCSA regulations prohibit any driver, whether a truck driver or a car driver, from operating a vehicle while fatigued, tired, or sleepy.  That is obvious.

But FMCSA regulations take it a step forward and actually require a truck driver–even if he or she is not tired or fatigued–to stop and take certain rest breaks.  These are provided under Part 395 of CFR Title 49 and commonly known as “hours of service” or “HOS” regulations.  

For instance, a truck driver is required under FMCSA hours of service or HOS regulations to comply with the following requirements:

  • Comply with a 24 hour shift cycle, with 14 hours “on shift” and 10 hours “off shift”;
  • Drive a maximum of 10 hours per 14 hour on shift;
  • Drive a maximum of 8 consecutive hours before taking a minimum 30 minute break;
  • Have a maximum of 60 hours on shift in any 7 consecutive days;
  • Have a maximum of 70 hours on shift in any 8 consecutive days;
  • Other important regulations.

Injured Due to a Fatigued Truck Driver?  Ask Our Albuquerque Trucking Accident Lawyers for Help

A fatigued truck driver or tired truck driver is a dangerous truck driver.  If you or a loved one have been seriously injured, or if a loved one was wrongfully killed, by a fatigued truck driver who fell asleep at the wheel, violated HOS regulations, or was otherwise exhausted or fatigued, you may have rights to protect under New Mexico and Federal regulations.  Our experienced Albuquerque trucking accident lawyers can help obtain the compensation you deserve for your injuries.  Call to schedule your FREE appointment with our lawyers at the Mark Caruso by dialing (505) 308-1556.  

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) 308-1556 or contact us through our website’s easy to use and convenient contact box available here.

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