Drugged Driving of a Truck Driver Causing New Mexico Big Rig Wrecks: Albuquerque Trucking Accident Lawyer Shares Applicable Statutes and FMCSA Regulations
It is well-known that drunk driving is incredibly dangerous and deadly. But new studies find that “drugged driving” is actually more common now than drunk driving. Other studies have found that drugged driving is just as dangerous if not more dangerous than drunk driving, and confirming drugged driving is more common. This problem is not just for drivers of passenger vehicles, but is a common issues with truck drivings too. It is common for truck drivers to use caffeine pills and other supplements to stay awake in order to make more deliveries and operate on a lesser amount of sleep. But after years of using caffeine, the effectiveness may wear-off and many truck drivers actually resort to illegal drugs that are stimulants like cocaine. This can help keep a driver awake, but is obviously illegal and impairs judgment. The use of any supplement, especially illegal drugs which result in “drugged driving,” can result in very serious New Mexico big rig wrecks.
Here at the NM Truck Accident Attorneys, we know how dangerous drugged driving can be and how common it is for truck drivers to abuse illegal drugs. We understand how to use both New Mexico statutory law and the FMCSA regulations to help litigate a plaintiff’s personal injury case against a truck driver who was drugged. If you or a loved one have been seriously injured or wrongfully killed due to a drugged driver, call us for a FREE consultation by dialing (505) 308-1556.
New Mexico Statutes and FMCSA Regulations Prohibiting Drugged Driving
While New Mexico common law, or judge-made law, makes it clear that a driver shall not operate a motor vehicle under the influence of a substance which may impair his or her ability to operate such vehicle, both the New Mexico legislature and the federal agency responsible for overseeing the operation of law commercial trucks (FMCSA) have codified or promulgated specific laws and rules further prohibiting this conduct.
For instance, under NM Stat. 66-8-102 it is “unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state . . . . [and it is] illegal for a person who is under the influence of any drug to a degree that renders the person incapable of safety driving a vehicle to drive a vehicle in this state.”
Federally, the FMCSA has promulgated regulations which govern the conduct of commercial trucks like big rigs, 18 wheeler, semi tractor trailers, and other large box trucks. Under section 392.4, no driver is permitted to operate a commercial vehicle while in possession of or under the influence of certain drugs, kindling speed and cocaine, as well as any other drug which may render a driver incapable of safely operating a commercial vehicle.
Therefore, when a truck driver violates either NM Stat. 66-8-102 or FMCSA regulation section 392.4, both the truck driver and the trucking company may be liable for personal injuries caused by a New Mexico big rig wreck.
Victims of a New Mexico Big Rig Wrecks Caused by a Drugged Driver Should Call Us
Victims of a drugged driving truck accident involving a big rig, 18 wheeler, box truck, or other large commercial vehicle should call our law firm for a free consultation. We handle cases against some of the largest trucking companies in the country, including J.B. Hunt, UPS, Schneider National, Swift Transportation, and many other. If you or a loved one has been injured in any New Mexico big rig wreck caused by a drugged driver, call the experienced Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys today by dialing (505) 355-2969. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.
