NM Truck Drivers Who Can’t See in Dust Storms Can’t Speed


September 27, 2016

 by Caruso Law Offices, P.C. | 

When Dust Storms Blind New Mexico Drivers, Truck Drivers Are Legally Required to Slow Down

Dust storms blind all drivers, whether that driver is operating a passenger vehicle, motorcycle, or large commercial vehicle.  On interstates, this can result in a very serious hazard where most drivers are driving at a high rate of speed and have limited vision.  When the driver is operating a large commercial vehicle, this can result in serious motor vehicle accidents and easily kill many people.

Unfortunately, a few years ago this recipe of dust storms, interstates, and large commercials killed our client’s loved one and six others.  Here at the Mark Caruso, we represent the family of a husband and a father who was burned to death in a New Mexico trucking accident when three large commercial trucks plowed through a dust storm blindly and rear ended several passenger vehicles.  This resulted in a pileup motor vehicle accident and a fire which killed the trapped passengers.  All truck drivers walked away unharmed.  This case is presently going to trial in front of a jury to rectify the rights of the deceased and the family.

New Mexico Law Requires All Drivers to Lower Their Speed to Avoid Causing Accidents with Collisions of Passengers or Other Vehicles

A driver can be liable for a motor vehicle accident due to excessive speed even if he or she is driving under the speed limit.  This is because New Mexico’s speed statute requires motorists to control speed to avoid causing a collision with pedestrians or vehicles.  For instance, New Mexico law, NM Stat. 66-7-301 provides under subdivision (d) the following:

“In every event, speed shall be so controlled by the driver as may be necessary: (1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway; (2) to comply with legal requirements as may be established by the state highway and transportation department or the New Mexico state police division of department of public safety and the duty of all persons to use due car . . . .”

Thus, a New Mexico trucking accident occurring in a dust storm could easily be caused or contributed to by excessive speed.  If you or a loved one have been injured in a New Mexico trucking accident causing by excessive speed in a dust storm, call our experienced Albuquerque trucking accident attorneys today!

Speed Kills, and New Mexico Law Requires Motorists to Slow Down to Avoid Collisions with People or Vehicles

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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