New Mexico trucking accident laws were designed with one idea in mind: safety. Commercial motor carriers operate large, dangerous, specialized vehicles that can cause severe injuries or death if not operated according to state laws. Penalties could include fines, suspensions, and civil damages to injury victims or their surviving family members.
In this article, New Mexico truck accident lawyer, Marc A. Grano, discusses how New Mexico enforces and operates trucking regulations, common types of violations that result in trucking accidents, and the implications of a breach if it causes an accident and personal injury to other drivers.
NM Enforcement & Operation of Trucking Regulations
The lead Motor Carrier Safety Assistance Program (MCSAP) agency for the state is the New Mexico State Police, Commercial Vehicle Enforcement (NMSP-CVE) of the New Mexico Department of Public Safety. According to the 2019 New Mexico Trucker’s Guide (PDF), the NMSP-CVE is made up of 12 districts, each with a Captain supervisor.
Their mission promotes safety, including the reduction of crashes, on New Mexico highways by enforcing the state’s Criminal Code, the Motor Transportation Act, the Motor Vehicle Code, and additional regulations adopted in the New Mexico Administrative Code. They do not issue permits for the transportation of hazardous materials, which is enforced and operated by the Federal Motor Carrier Safety Administration (FMCSA).
NM Administrative Code Violations Can Cause Accidents
Chapter 65, Article 3 of the New Mexico Statutes Annotated specifies rules and regulations that motor carriers must follow. The law requires certain practices to keep the public safe.
Below, we have outlined three types of common New Mexico Administrative Code violations that can cause negligent accidents:
Type 1. Unqualified Truck Drivers
Unqualified drivers are more unsafe in New Mexico and more likely to cause serious truck crashes. Our interstates are already among the nation’s largest and busiest, so how do state laws ensure a driver is qualified?
A driver is only qualified when they meet the following conditions per NMSA §: 65-3-7:
- At least 21 years old or 18 and only driving in NM
- Physically able to operate a motor vehicle
- Not disqualified from driving a motor vehicle
- Possesses adequate experience, training, or both
- Other requirements under NM and federal law
Type 2. Hours of Service Violations
One of the most contentious issues for truck drivers and other motorists on the road is driver fatigue. A truck driver’s service hours cannot exceed 11 hours after ten consecutive hours off duty. Motor carriers have a general duty of care to place fatigued, overworked drivers if they drive for too many hours or may contribute to unsafe operations under NMSA § 65-3-11.
Type 3. Poor Motor Carrier Maintenance & Repair
All motor carriers are required to inspect and maintain their vehicles. It is illegal for trucks to be operated in ill repair along New Mexico’s roadways, including:
- Oil and gas leaks
- No port of entry inspections
- No periodic motor carrier inspections
- Inadequate maintenance records
The vehicle in disrepair must be placed out of service when operating unsafely. Motor carriers must service the vehicle before allowing it to resume operation. They must also maintain service records for division enforcement inspection under NMSA § 65-3-12.
Administrative Code Violations Can Signal Negligence
To file a claim for NM trucking accident compensation, you must first demonstrate the driver’s degree of negligence. Civil laws require your case to meet specific criteria for their actions to count as negligence, which is why hiring a lawyer could make sense for your situation.
If you decide to hire a trucking accident attorney, they will establish the element of negligence where it exists by proving:
- Fact 1. The driver or motor carried owed you a general duty of care
- Fact 2. They breached their duty by acting carelessly or recklessly
- Fact 3. Their breach resulted in your injuries or loved one’s death
- Fact 4: Injuries or death resulted in financial, physical, and emotional losses
As you can see, these elements may be as straightforward or as complex as the totality of circumstances and facts. However, an attorney understands how to investigate accidents, can apply NM trucking accident laws to your situation, and will provide the resources necessary to position your case in a favorable light.
Negligence Affords Legal Rights After NM Trucking Accidents
Proving negligence is one of several components necessary for obtaining your deserved settlement. Other elements, such as liability and damages, will also play a role in the outcome of your case. Ensure you speak with a New Mexico trucking accident law attorney, like Marc A. Grano, to learn more about your rights and options when seeking an award for medical bills, lost wages, and punitive damages.
Get a Free Case Evaluation to Learn More About Your Options
Grano Law Offices, P.C. understands that compensation will never fully restore your losses. However, it can help in recovering and getting back on your feet. Many victims find it difficult to communicate with insurance providers and understand the law. Our legal team ensures that you will not face them alone.
If a truck driver’s negligence caused your injuries or the death of a family member in New Mexico, we could help you exercise your right to a civil award and hold the driver or motor carrier accountable for their actions. Schedule your Free Case Evaluation by calling 505-426-8711or messaging us confidentially via our contact form below.
