April 15, 2019

 by Caruso Law Offices, P.C. | 

Albuquerque Trucking Accident Lawyer Explains Distracted Truck Drivers and 18 Wheeler Wrecks

Distracted driving is now more dangerous than drunk driving, according to research. The primary cause of distracted driving is electronic device use, particularly cell phone use. No matter the reason, cell phone use while operating a motor vehicle is not acceptable. This is particularly true for truck drivers of large commercial vehicles like big rigs, 18 wheelers, semi tractor trailers, and other large box trucks. When a truck driver causes a New Mexico trucking accident due to distracted driving, it turns an already dangerous motor vehicle into an unguided missile. Results can be catastrophic and likely to lead to serious personal injuries or the wrongful death of innocent people.

This is why a New Mexico trucking accident involving a distracted driver of a semi tractor trailer needs to be evaluated and handled by an experienced Albuquerque trucking accident lawyer. Here at the Mark Caruso, our attorney Mark Caruso, Esq., is one of about only 500 lawyers in the entire United States who is a member of the Academy of Truck Accident Lawyers. If you or a loved one have been seriously injured or a loved one has been wrongfully killed, please call to schedule a FREE appointment with our Albuquerque trucking accident lawyer to learn how we can help protect your rights to compensation.

Distracted Driving is Illegal under New Mexico Law and Federal Regulations

It should be no surprise that distracted driving is illegal under New Mexico law and the federal regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA). These laws and regulations simply prohibit a driver of any vehicle, especially a commercial vehicle, from operating an electronic device while operating a motor vehicle. When a truck driver violates New Mexico and federal regulations by operating a cell phone and causing a New Mexico trucking accident, it may result in liability for a victim. In fact, if it is New Mexico law it may result in an automatic finding of liability under the doctrine of negligence per se. This doctrine allows a victim to establish the negligence of a defendant-motored who violated a New Mexico statute that was meant to protect the victim from harm.

Causes of Distracted Driving and New Mexico Trucking Accidents

There are many ways that a distracted driving trucking accident could be caused by the negligence of a truck driver. The most basic is the cell phone for texting or making calls. This is because many trucking companies actually require the truck driver to communicate via cell phone, which means the trucking company has an affirmative act in creating the dangerous condition which causes the 18 wheeler wreck.

Some fo the other common causes of distracted driving trucking accident in New Mexico include the following:

  • Cell phone use;
  • Tablet use;
  • Personal computer or laptop use;
  • Playing with the music radio;
  • Using the hand radio/trucker radio;
  • Using the GPS;
  • Eating;
  • Talking or horseplay with a co-pilot/co-driver or passenger;
  • Day dreaming;
  • Reading or writing, like in a logbook;
  • Playing with mirrors or other devices while taking attention off of the road; and
  • Many other causes.

Distracted Driving and New Mexico Trucking Accidents are a Deadly Combination

If you or a loved one have been seriously or wrongfully killed in any trucking crash or wreck, please call the Mark Caruso by dialing (505) 308-1556 to schedule a FREE consultation with one of our experienced Albuquerque trucking accident lawyers. We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. 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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