I was Hurt in a New Mexico Big Rig Wreck: Could Regulatory Violations Have Caused my Crash?


February 26, 2018

 by Caruso Law Offices, P.C. | 

FMCSA Regulatory Violations May be the Cause of Your New Mexico Big Rig Wreck

The trucking industry is a national business. Large commercial trucks like semi tractor trailers, tandem trailers, tractor trailers, tankers, flatbeds, and other box trucks haul cargo from coast-to-coast, southern border to norther border, and everywhere in between. Given the number of states that most commercial trucks go through, and therefor the number of different laws and legal requirements governing trucking, a federal agency has taken over to set minimum standards applicable throughout the United States.

This agency is the Federal Motor Carrier Safety Administration, or FMCSA. The FMCSA has enacted several regulations which are applicable to a variety of commercial truck conduct on and off the roads. These regulations apply in a New Mexico big rig wreck and can allow a victim to recover compensation.

Examples of some types of trucking crashes that the FMCSA regulations govern include the following:

Were You Hurt When a Truck Driver Fell Asleep at the Wheel? There’s a Regulation for That

Under FMCSA regulations for hours of service, commercial vehicle operators (truck drivers) may only be “in service” for a maximum of 14 hours a day. During these service hours, a truck driver may only drive for 11 hours a day. This means the remaining three hours must be taken off for a break. The reason for this rule is to prevent fatigued driver which can lower a truck driver’s reaction time and possibly cause him or her to fall asleep. If a truck driver violates this rule, it could result in a serious New Mexico big rig wreck.

Did a Drunk or Drugged Truck Driver Cause Your Big Rig Wreck? There’s a Regulation for That Too

FMCSA regulations also govern drug or alcohol use. Understandably, use of either is prohibited on service (within that 14 hour window) and even for a certain amount of time pre-service. Any amount of drugs is a violation, whereas .04 BAC is an alcohol failed test. While it may seem farfetched, many truck drivers will use narcotics such as cocaine or speed to stay awake and alert to help them drive longer and stay awake longer. This can reduce judgment and reaction time, and result in very serious trucking crashes.

Did a Commercial Truck’s Equipment Fail like a Tire Blowout or Brake Failure? There are Even Regulations for That

The FMCSA regulations also provide rules for monitoring and the upkeep of truck maintenance. These impose requirements of checking the treads of tires, inspecting cargo, ensuring brakes are in working order, and other maintenance checks. After all, when a truck’s equipment fails it cannot be blamed on the victim who is not in control.

Victims of New Mexico Big Rig Wrecks Have Rights Under Federal Regulations

In addition to New Mexico’s common law and statutory law, victims of serious New Mexico big rig wrecks also have FMCSA regulations to help them prove their case. If you or a loved one has been injured in a trucking accident, call the experienced New Mexico trucking accident attorneys at the NM Truck Accident Attorneys today by dialing (505) 308-1556 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

free consultation

Please fill out this form and send it and we will quickly reach back out to you with answers.

Call to arrange a no-pressure confidential and FREE consultation with an experienced New Mexico personal injury attorney

Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

Get a free consultation by phone, at our office, your home, the hospital or other location. We travel the state representing clients, so we can meet you anywhere in New Mexico


Learn more about how our dedication to results can benefit you. Start with a free initial consultation.
California Ontario Albuquerque Alamogordo Belen Bernalillo Carlsbad Cibola County Clovis Deming Farmington Gallup Grants Hobbs Las Cruces Las Vegas Los Lunas Lovington Moriarty Rio Rancho Roswell Sandoval County Santa Fe Silver City Torrance County Valencia

Copyright © 2023 Caruso Law Offices, P.C. | All Rights Reserved | HTML Sitemap | XML Sitemap | Privacy Policy | Terms & Conditions

Powered by: