Federal Regulations Require New Mexico Trucking Companies to Exercise Extreme Caution in Dust Storms


August 25, 2016

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accident Attorney Discusses Safety Rules to Protect the Public in Dust Storms

We all know that operating a motor vehicle involves many rules, laws, regulations, guidelines, and other authority which govern our conduct.  From stopping at a stop sign to knowing when to yield in a roundabout, there are established rules of the road which we all know and abide by—sometimes without even thinking twice about it!  Most of these are safety rules to protect the public from harm.

Some of the most important safety rules to protect the public from harm are the Federal Motor Carrier Safety Regulations.  These regulations impose extra precautions and requirements on large commercial trucks, semi, 18-wheelers, flatbeds, tractor trailers, and other large trucks.  When a trucking company or trucking driver violate these regulations and cause a New Mexico trucking accident, this can be evidence of negligence to help a victim recover compensation for his or her injuries.

If you or a loved one have been seriously injured or killed in a New Mexico trucking accident caused by a trucking company or truck driver, contact the experienced trucking accident attorney at the Mark Caruso by dialing (505) 407-0458.  We will investigate your claim to determine whether a safety rule meant to protect the public has been violated by the trucking company or trucking driver.  We provide FREE consultations, so do not delay and call us today!

Safety Rules to Protect the Public in Dust Storms: Truck Drivers Must Exercise “Extreme Caution”

The Federal Motor Carrier Safety Regulations, known as the FMCSR, have promulgated safety regulations for extreme weather such as dust storms.  Earlier this week we noted how dangerous haboobs (massive dust storms) can be for motorists, particularly on highways.  The results can be absolutely devastating, particularly for motorists involved in trucking accidents.

This danger is contemplated and addressed by FMCSR section 392.14, which governs hazardous conditions requiring extreme caution.  This section provides the following:

“Extreme 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 be safely operated.”

Thus, this regulation requires a commercial trucking driver to slow down to help him or her handle the decreased disability and traction on the roadway.  If the reduction of speed does not help enough and the traveling is still too dangerous, the commercial trucking driver must discontinue and shall not resume driving until the truck can be safety operated.  The goal is to prevent New Mexico trucking accidents in inclement weather.

Failure to Comply with FMCSR Section 392.14 Can Result in Death!

Here at the Mark Caruso, we represent the victim of a massive pileup on Interstate 10 who perished in a fire caused when three large commercial trucks crashed into three passenger vehicles during a dust storm.  Even though there was a massive dust storm almost completely blinding all motorists on the roadway, the three truck drivers continued to plow down the highway at full speed and into our client’s vehicle.  If the truck drivers complied with this section of law, our client would not have been killed.

Violations of Federal Trucking Regulations in Dust Storms Can Result in Liability

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced trucking 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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