Semi-Tractor Trailer Accidents Due to Truck Driver Error


March 13, 2021

 by Caruso Law Offices, P.C. | 

Know When Truck Driver Error Causes Your Semi-Tractor Trailer Accidents in New Mexico

Trucking accidents occur on the roads of New Mexico every day. While not all accidents are preventable, often times trucking accidents could be prevented if truck drivers exercised proper caution while behind the wheel of their semi-tractor trailer. Truck drivers have an added responsibility, given that it is their profession to drive safely, as well as the knowledge that they should exercise proper caution given the large size and weight of their vehicle. Unfortunately, truck drivers do not always exercise proper caution, leading to accidents which often cause significant harm or even death to other drivers impacted by the accident. When semi-tractor trailer accidents due to truck driver error cause serious personal injuries or the wrongful death to an innocent person that could result in liability for the driver and the company.

Here at the Caruso Law Offices, P.C., our experienced trucking accident lawyer in Albuquerque, NM knows exactly how to recover compensation when a truck driver error causes a victim and his or her family damages. We can recover compensation for pain and suffering, lost wages, lost earnings, and other damages. If you have been seriously injured or if a loved one was wrongfully killed due to the reckless or negligent actions of a truck driver, ask us for a FREE consultation to learn what your rights to compensation may be.

Causes of Truck Driver Error

There are many reasons as to why a truck driver may make errors while operating their vehicle. Errors should never occur while operating any time of motor vehicle, let alone something as big as a semi-tractor trailer. Examples of the things that can contribute to truck driver error include the following:

  • Truck driver fatigue – truck drivers who work extended hours while operating their truck are at increased risk for errors due to fatigue. If a truck driver falls asleep at the wheel, it can cost a person (or multiple people) their lives. There are regulations in place by the Federal Motor Carrier Safety Administration (FMCSA) to reduce the incidence of truck driver fatigue. According to the FMCSA 6.3.1 Illness or Fatigue (392.3), “Drivers may not operate, nor shall a motor carrier require or permit a driver to operate, a CMV if they are too tired or sick to drive safely.”
  • Distracted Driving – Distracted driving can include texting, using a cell phone, eating, drinking, looking for something on the floor, etc. It is essential that truck drivers have their undivided attention on the road while operating their big-rig
  • Errors in Decision Making – Errors in recognition refer to situations when a truck driver fails to appropriately assess a situation. An example of this can be if the weather is poor and a truck driver does not reduce speed, this is considered an error in decision making as it can lead to a very preventable accident. Other examples of decision making include if a driver follows too closely or too fast, leading to an accident
  • Drug and Alcohol Abuse – This is a very serious driving error. Truck drivers should be completely sober and not having had any drugs or alcohol prior to operating their vehicle. According to FMCSA 6.3.2 Alcohol (392.5), “Drivers are forbidden to consume or be under the influence of alcohol (as defined in 49 CFR 382.107) within four hours of going on duty or operating a CMV”. Drunk driving is illegal and is dangerous regardless of the type of vehicle an individual is operating. When a truck driver decides to get behind the wheel while under the influence of drugs or alcohol, they are liable for any accident they may cause

Compensation for Accidents Due to Truck Driver Error

If you or a loved one have been injured in an accident due to truck driver error, you may be eligible for compensation. Compensation may include the following:

  • Pain and suffering
  • Loss of consortium
  • Lost wages (past, future, and present)
  • Property damage
  • Disfigurement

Injured in a Semi-Tractor Trailer Accident? We Can Help

If you or a loved one were seriously injured in a semi tractor trailer truck accident, it may have been caused by a truck driver error. Many times this is preventable and could be compensable under New Mexico law. Learn how our experienced trucking accident lawyers in Albuquerque, NM at the Caruso Law Offices, P.C. can protect your rights to compensation by calling Call for a FREE consultation by dialing (505) 273-2978 for your consultation.

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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