June 22, 2018

 by Caruso Law Offices, P.C. | 

Dust Storm Causes New Mexico 18 Wheeler Crash: Who is at Fault? Albuquerque Trucking Accident Lawyer Explains

There can be many causes of any type of motor vehicle accident, including an 18 wheeler crash. Many times these collisions are caused by driver-error, meaning that a person was the cause fo the big rig crash. But other times “acts of God” could cause the crash, which includes animals jumping into the road, trees falling down, or even weather conditions. However, just because there is an ongoing “act of God” like a weather condition, does not mean that a driver does not need to use reasonable care under the circumstances. In fact, if an 18 wheeler crash is caused due to unreasonable acts during a dust storm, victims may be entitled to compensation and should call an experienced Albuquerque trucking accident lawyer.

Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident lawyer can help victims of dust storm big rig crashes recover compensation for medical bills, pain and suffering, lost wages, and other expenses. We focus our practice on big rig, 18 wheeler, double trailer, semi tractor trailer, and other large box truck litigation. We have fought some of the largest companies and trucking carriers in the country, including UPS, FedEx, Schneider National, J.B. Hunt, and other trucking companies which have caused serious injuries to innocent people across the country. Call us today to learn how we can help you by dialing (505) 308-1556.

Dust Storms and New Mexico 18 Wheeler Crashes: What is Liability

There are two ways to establish liability in a New Mexico 18 wheeler crash caused by a dust storm. The first is through the common law, or judge-made law, which provides that all motorists must use reasonable care under the circumstances in the use and operation of their motor vehicle. This means that drivers must automatically assess the traffic conditions, roadway conditions, and other variables to decide how to operate a vehicle. If there is a dust storm which is affecting visibility to a great degree, a motorist must slow down or stop as necessary to safely operate his or her vehicle. Failing to do so and causing a trucking wreck could be negligence.

The second way is through the regulations governing truck driver and trucking company conduct. Under the Federal Motor Carrier Safety Regulations (FMCSR) section 392.14, the section pertaining to hazardous conditions and use of extreme caution, it provides the following:

“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, 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. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.”

Thus, where a truck driver fails to stop or slow down during a blinding dust storm and continues at full speed on an interstate like I-10, I-25, or I-40 and causes a serious New Mexico 18 wheeler crash, the truck driver and trucking company are likely to be liable for all injuries caused.

Dust Storms Causing New Mexico 18 Wheeler Wrecks

If you have been injured in a dust storm which resulted in a serious 18 wheeler crash caused by a negligent truck driver or trucking company, schedule a FREE appointment with our experienced Albuquerque trucking accident lawyer to learn what we can do for you. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else. Call the NM Truck Accident Attorneys by dialing (505) 308-1556 to learn how we can help. 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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