Semi-trucks are large vehicles that can cause catastrophic damage in a collision with another. They are also difficult to operate and can lose control if drivers make a single error, which is one of the many reasons why federal laws regulate them heavily, whether traveling in New Mexico or out of state. These regulations can significantly impact a truck accident survivor’s compensation pursuit and play a significant role in any subsequent claim or civil court lawsuit.
In This Post
In this post, a New Mexico truck accident injury lawyer in San Miguel County addresses how federal regulations affect truck accident injury claims, common negligence violations, and how you can go about protecting your legal rights.
Truck Operators Must Obey Federal Safety Regulations
Big rig trucks are subject to more rules and regulations than the average passenger motor vehicle. Drivers must receive adequate training and follow the rules to keep everyone on the road safe. This includes complying with federal, state, and local regulations.
These laws apply not only to truck drivers but also to the companies for which they work. Numerous truckers are employed by dedicated trucking companies that are accountable for their safety and the accidents they may cause. These trucking companies are responsible for adhering to numerous regulations governing the hiring and supervision of their drivers, which are frequently disregarded in the pursuit of profit.
Related: Who Do You Sue After a Truck Accident?
Federal Trucking Violations That Can Cause New Mexico Accidents
Both truckers and trucking companies have the potential to violate trucking laws and regulations, resulting in negligent accidents. The element of negligence is necessary to obtain a fair settlement or civil award. While regulations cover various aspects of trucking, certain areas are more prone to negligence than others.
Below, we’ve outlined several trucking violations that can cause traumatic accident injuries or loss of life:
Violation 1. Hours of Service
Drowsy and fatigued driving is a leading cause of 18-wheeler accidents. According to the National Safety Council (NSC), driving while fatigued can impede you in ways similar to those caused by driving while intoxicated. Due to the long hours they work, truck drivers are more likely than any other type of driver to engage in drowsy driving and cause an accident.
Hours of service regulations are in place to ensure that drivers are required to take mandatory rest breaks and are not permitted to drive for an extended period.
Truck drivers, in particular, have a daily driving limit of 11 hours if they are transporting cargo and a daily driving limit of 10 hours if they are transporting passengers per the Federal Motor Carrier Safety Administration (FMCSA).
Violation 2. Drugs and Alcohol
Truck drivers have been found to have a higher risk of developing alcoholism and addiction to illegal substances such as amphetamines and opiates, more than other demographics, according to the American Addiction Centers.
Truck drivers must drive sober for obvious reasons and submit to drug testing before being hired. Despite this requirement, truck drivers are sometimes under the influence of drugs or alcohol after concluding an accident injury investigation.
Violation 3. Truck Maintenance
Semi-trucks are more complex machines than the average passenger vehicle. They can accumulate significant wear and tear due to the extended time on the road hauling massive loads and climbing mountain passes as they traverse the central and northern New Mexico terrain. Regular maintenance and inspections help keep dangerous malfunctions and defects to a minimum.
While drivers and trucking companies are expected to keep big rig trucks in good working order, overwhelm or other judgment errors can result in a failure to perform critical inspections and maintenance, putting other drivers on the roadway in danger. You also have the legal right to hold maintenance providers and mechanics that worked on the truck that caused your accident in some situations.
Violations of Federal Laws in New Mexico Truck Accidents Can Strengthen Your Case
Proving truck driver, operator, or third-party negligence of a truck driver or other liable party is critical in a truck accident injury lawsuit. Establishing fault through negligence is only one step in the process and may require a more extensive investigation than asking for copies of accident reports.
Here are several essential strategies for uncovering valuable accident injury cases:
Conduct a Thorough Investigation
A thorough investigation of a semi-truck accident is how most injury victims obtain the evidence necessary. While gathering evidence at the scene is an option in some cases, many victims cannot do so due to the severity of their injuries. As a result, investigating multiple avenues is an ideal course of action.
Working with Experts During the Claim
An experienced semi-truck accident attorney understands what to look for during the investigation phase of your case and can enlist the assistance of experts to strengthen it as applicable. Investigators can use their training and experience to search the accident scene and investigate the circumstances of your injuries.
Accident-Scene Evidence Preservation
Based on black box data and details from the accident scene, accident reconstruction experts can use scientific methods to recreate the accident and determine the cause and fault. Additionally, your attorney can contact witnesses to obtain helpful testimony or even obtain camera footage if it is available.
Related: How Do I Prove Federal Violations After a Truck Accident?
Navigate Federal Laws in New Mexico Truck Accident Injury Claims with Legal Representation
You may be entitled to insurance compensation for injuries caused by a negligent truck driver or trucking company. These losses can include medical bills, current and future lost wages, and pain and suffering. Contact a San Miguel County accident injury attorney at Grano Law Offices, P.C. now for your Free Case Evaluation at (505) 426-8711, or send him a message via the form below confidentially.
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