Rear End Collisions Due to Fatigued Driving


February 23, 2021

 by Caruso Law Offices, P.C. | 

Understanding Causes and Liability in Rear End Collisions Due to Fatigued Driving From Our New Mexico

With the recent ice storms in El Paso, Texas and Grant County, New Mexico, there have been several car collisions on I-10. As a result of the ice, truck drivers are forced to move at a slower pace, leading to an increase in fatigued driving due to longer drive times. Fatigued driving is always unsafe, even in the most optimal weather conditions. When you factor in dangerous road conditions, it greatly increases the risk for accidents. Due to truck driver fatigue, drivers are not driving within the regulations that they are supposed to adhere to, posing great risk for all drivers on the road. Our trucking accident lawyers in Albuquerque, NM know just how dangerous rear end collisions due to fatigued driving can be.

Fatigued driving is always unsafe and unlawful. While fatigued driving creates a great risk for many types of accidents, rear end collisions are particularly common due to fatigued driving. According to the National Highway Traffic Safety Administration, drivers in accidents in which fatigue was cited to be a contributing factor found that drivers were competent only 50% of the time. In fact, according to AAA, more than one-in-five fatal crashes involve fatigued driving. Thus, truck drivers who choose to get behind the wheel in a fatigued state, leading to an accident should be held accountable for their actions.

Rear End Accidents in New Mexico

Rear end accidents are quite dangerous and can be quite deadly. They are often preventable. Truck drivers drive as their profession and are therefore expected to adhere to New Mexico law and regulations enacted by the FMCSA.

Under New Mexico law, NM Stat Section 66-7-318, subdivision (A) clearly states 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.”

Additionally, there are laws against fatigued driving as well as federal regulations that FMCSA has enacted to prohibit fatigued driving. Simply put, fatigued driving coupled with following too closely along with failing to maintain appropriate speed puts all drivers on the road at great risk for injury or even death.

Signs of Fatigued Driving

There are some signs that a driver may be too fatigued to drive. If these occur, it is up to the truck driver to make the right decision to not get behind the wheel of their vehicle to keep everyone on the road safe. A fatigued driver may exhibit the following signs that mean the driver should not be out on the road. These include the following:

  • Drifting from their lane
  • Yawning
  • Frequent blinking
  • Hitting the rumble strip on the side of the road
  • Failing to make their exit
  • Failing to remember details of the past few miles of their drive
  • Erratic braking
  • Swerving

These are just a few signs of truck driver fatigue which indicates that the driver should not be out on the road. If the truck driver chooses to operate their vehicle while knowingly fatigued and an accident occurs, they should be held liable. Unfortunately it can be difficult to prove if a rear end crash was due to fatigued driving, which is why it is important to have an experienced attorney review your case to determine if fatigued driving played a part in your rear end collision.

Experienced Help from the Caruso Law Offices, P.C.

If you or a loved one were seriously injured in the recent ice storms, or if you were seriously injured in any type of auto accident, trucking accident, or rear end collision, ask our experienced trucking accident lawyers at the Caruso Law Offices, P.C. in Albuquerque, NM for help. We offer FREE consultations and have a no win, no fee guarantee. Learn how we can help you during a FREE consultation to protect your rights to compensation by dialing (505) 273-2978.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 273-2978 or contact us through our website’s easy to use and convenient contact box available here.

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