Trucking Companies Can Be Liable for New Mexico Trucking Accidents in Dust Storms


September 1, 2016

 by Caruso Law Offices, P.C. | 

Holding Trucking Companies Liable for New Mexico Trucking Accidents Caused by Dust Storms

When we are involved in a motor vehicle accident, it is easy for us to only blame the other driver.  That driver may have run the red light, or followed too closely, or even just failed to see us coming.  We may think that the other driver is the only one at fault, and it is easy for us to condemn only that individual.  It may seem obvious that the other driver is at fault.

However, in a motor vehicle accident there may be other parties liable for the accident.  This is particularly true in a motor vehicle accident involving a large commercial truck, semi, 18-wheeler, or other big rig truck.  That is because the driver of the truck is working for a company and thus in the scope of employment.  He or she is working to advance the interests of the company, and the law makes the company liable for any accidents caused by an employee while at work.

Therefore, if you or a loved one have been injured in a New Mexico trucking accident, contact the experienced attorneys at the Mark Caruso by calling (505) 407-0458 for a FREE consultation.  Currently we are preparing for trial in a matter involving a dust storm where three commercial trucks violated several federal regulations and ultimately caused a fatal pileup accident during a dust storm.  If this fact pattern sounds similar to your case, don’t delay and call us today!

Holding the Trucking Company Liable in New Mexico Dust Storm Accidents

Dust storms are very dangerous weather conditions plaguing New Mexico.  These dust storms can cause limited visibility, traction issues, and distracting conditions contributing to the likelihood of serious New Mexico trucking accidents.  This is why federal regulations by the FMCSA require certain actions by commercial trucks in conditions like dust storms.

Under FMCSR section 392.14, “[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.”

Additionally, 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 . . . .”

When a truck driver fails to comply with these two regulations, the trucking company can be liable under the theory of respondent superior.  This renders the trucking company vicariously liable for the negligence of an employee caused in the scope of employment.  Thus, victims of a New Mexico trucking accident caused by a dust storm may receive compensation for their injuries.

Holding Trucking Companies Liable for New Mexico Trucking Accidents

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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