Trucking Accident Caused by a Brake Failure in New Mexico


March 1, 2021

 by Caruso Law Offices, P.C. | 

Understanding How a Trucking Accident Caused by a Brake Failure in New Mexico Could Result in Personal Injuries

Commercial vehicles like trucks are very unique in that they often have a lot of wheels, hence their other name 18 wheelers. With all these wheels there needs to be a lot of brakes, as what must move must also stop. Commercial vehicles have a very different type of braking system compared to other vehicles. These braking systems are air brakes, and apply wrong pressure, are lighter, but have some limitations in function. These systems must be properly maintained and served. If a trucking accident caused by a brake failure in New Mexico are due to improper installation, maintenance, or service, it could result in liability for a defendant.

This is particularly true if innocent people are serious injured or wrongfully killed in a trucking accident occurring in New Mexico. If this happens due to a brake failure, victims and their families should call our trucking accident lawyer in Albuquerque, NM at the Caruso Law Offices, P.C. We have a proven track record of success representing individuals injured due to the negligence or another person or business. With over 30 years of practice, we know how to use the state and federal regulations to our client’s advantage to ensure that a victim recovers the compensation that he or she deserves in a serious personal injury action.

Federal Regulations and Trucking Accidents

Trucking is an interstate business. As a result, there are a lot of different state laws that could apply. This is why there is a federal agency in charge of setting the minimum requirements that all commercial vehicles must comply with. The agency is the Federal Motor Carrier Safety Administration or FMCSA. Their regulations are generally under title 49 of the CFR.

These regulations govern braking and set specific requirements for brakes. The specific requirements regarding brake power and systems is provided here under 40 CFR section 393.52.

When it comes to liability and ensuring that the brakes properly work, that is under 49 CFR section 393.48 which provides that a commercial vehicle must have operative brakes at all time while in use or operation. Essentially, unless the truck is out of service (and being repaired or updated), a commercial truck must have properly working brakes. If a trucking accident caused by a brake failure in New Mexico results in serious injuries, it is likely that this section was violated and a truck driver and trucking company could be liable.

Ask Our Trucking Accident Lawyers in Albuquerque, NM for Help

If you or a loved one were injured in a trucking accident caused by a brake failure in New Mexico, call the Caruso Law Offices, P.C. Our experienced lawyers can help protect your rights to compensation by evaluating your claim, assessing damages, and proving liability through state law or FMCSA regulatory violations. The violation of section 393.48 could be evidence of negligence that can be used to help prove your case.

Learn more during a FREE consultation with our experienced legal team at the Caruso Law Offices, P.C. can help protect your rights to compensation under New Mexico law. We offer a FREE consultation and handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the Caruso Law Offices, P.C. by dialing (505) 273-2978 to learn how we can help. 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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