USING FMCSA ALCOHOL TESTING IN A NEW MEXICO TRUCKING ACCIDENT CASE

Posted 

October 12, 2018

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accident Case: How Mandatory FMCSA Alcohol Testing Can Help

Large commercial trucks like 18 wheelers, big rigs, semi tractor trailers, and other box trucks are dangerous enough by themselves. But when the truck driver uses alcohol before or during his or her shift, large trucks can now become a deadly instrument. This is particularly true on fast moving highways and interstates like I-40, I-25, and I-10 in New Mexico. This is why FMCSA regulations require post-accident alcohol testing in certain circumstances, including when there is a wrongful death or serious personal injuries that require immediate medical attention.

Here at the NM Truck Accident Attorneys, our experienced New Mexico trucking accident lawyer knows how to use the findings of a mandatory post-accident FMCSA alcohol testing to help your personal injury action. If you have been seriously injured or a loved one wrongfully killed in an 18 wheeler wreck where the truck driver may have been under the influence of alcohol, please call us to learn what your rights are by dialing (505) 308-1556.

Mandatory FMCSA Post-Accident Alcohol Testing

The FMCSA requires post-accident testing of a truck driver after certain types of serious big rig crashes. This is required under 49 CFR 383.303, which requires post-accident alcohol testing after a fatal trucking accident or if truck driver who receives a citation within 8 hours of the accident for a moving violation arising from the accident, if the accident resulted in any of the following:

  • Bodily injury requiring immediate medical treatment away from the scene of any participant of the subject accident;
  • One or more of the vehicles was disabled to an extent requiring it to be towed away from the scene.

Results of Post-Accident Alcohol Testing

If the mandatory post-accident alcohol testing results in a finding of alcohol or intoxication, that could be used by a plaintiff injured in a New Mexico trucking accident as proof of misconduct or negligence. This is because alcohol intoxication is most likely going to be considered reckless, careless, and downright negligent use or operation of a motor vehicle.

Thus, obtaining the results of the post-accident testing can be very important and be used as important evidence. This means that a jury or judge could consider the results of the post-accident testing to determine whether the defendant was negligent due to alcohol impairment.

Victims of New Mexico Trucking Accidents Where the Truck Driver May Be Intoxicated Can Use the FMCSA Post-Accident Testing to Support Their Case

If you have been seriously injured in a New Mexico trucking accident caused by a potentially intoxicated truck driver, call to schedule a FREE appointment with our experienced New Mexico trucking accident lawyer to learn what we can do for you. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else. Call the NM Truck Accident Attorneys by dialing (505) 308-1556 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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