Rear End Albuquerque Car Accidents Caused by Dust Storms


September 3, 2016

 by Caruso Law Offices, P.C. | 

Dust Storms Can Cause Serious Rear End Car Accidents in Albuquerque, New Mexico

In New Mexico, highways and Interstates are made more dangerous in dust storms.  Visibility is limited and traction can be reduced in bad storms.  Both of these conditions are factors in causing rear end car accidents.  On highways or Interstates, rear end car accidents can be particularly dangerous and deadly—especially when large commercial trucks are involved like 18-wheelers, semis, and tankers.

Here at the Mark Caruso, we are representing the family of a victim in a rear end New Mexico trucking accident caused during a dust storm.  Our client was traveling in an ongoing dust storm and slowed down as reasonable under the circumstances.  However, 3 large commercial trucks continued to plow forward blindly in the ongoing dust storm.  This resulted in a large pileup collision resulting in a devastating fire killing seven passengers in several other cars, including our client.  The tragedy is horrific and totally avoidable.

If you or a loved one have been injured in a New Mexico car accident caused by a rear end collision in a dust storm, call our experienced attorneys today at (505) 407-0458 for a FREE consultation!  We will advise you on your rights and help protect your rights to compensation from a serious motor vehicle accident!

Dust Storms Causing Albuquerque Rear End Car Accidents

What makes dust storms so dangerous is that they reduce visibility and can even completely blind motorists.  This is particularly scary on highways and Interstates where fast-driving vehicles can become unguided missiles.  Large commercial trucks take even longer to slow down due to their massive size which requires a longer distance to stop.  The decreased visibility and increased stopping distance make large commercial trucks in dust storms a recipe for serious motor vehicle accidents.

This is why federal regulations require commercial trucks to slow down as reasonable in dust storms, and even come to a complete stop if commercial trucks cannot safely travel during the dust storm.  For instance, FMCSR section 392.14 provides that “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by . . . 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.”

If a large commercial truck fails to slow down or stop under this federal regulation and rear ends another vehicle, the truck driver could result in liability for the victim under New Mexico law.  For instance, NM Stat Section 66-7-318 provides that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  Thus, a commercial truck which rear ends another vehicle may result in liability under this law.

In addition, if a large commercial truck needs to stop or is involved in a motor vehicle accident, it must use its emergency flashers to prevent other vehicles from not seeing it and rear ending the stopped or disabled truck.  Under FMCSA section 392.22, a commercial trucking vehicle must use hazard warning signal flashers “[w]henever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices . . . .”

Albuquerque Car Accidents in Dust Storms Caused by Rear End Car Accidents Require Legal Representation!

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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