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Recent Fatal Trucking Accident Raises National Concern

New Mexico catastrophic accidents are events that no driver or pedestrian expects.  Accidents involving large semi-trucks or tractor-trailers often involve life-threatening injuries for all parties affected by the accident.  Recent attention has been given to a fatal accident involving a well-known comedian, particularly after it was revealed the driver admitted to being awake for over 24 hours.  In 2011 alone, there were 88,000 victims of large-truck crashes with 3,700 killed in that year.  The National Highway and Traffic Safety Administration reports that fatalities increased in 2012 by four percent to 3,921.  By far, these accidents affected occupants of other vehicles far more than the people in the trucks.

291281_4378Truckers are currently under a 14-hour restriction for time on the road.  Recent efforts by the trucking industry have been made to lift that restriction so drivers don’t feel compelled to push through the 14 hours rather than take a nap, since the nap during the 14 hours doesn’t extend the time allotted by regulation for driving a commercial vehicle.   Other truck driver regulations include a mandated 30-minute break after the first eight hours, a limit of 70 hours on total driving time for an eight-day period, and a mandated 34-hour break once a week.  The trucking industry has pushed back against the regulations, but the Federal Motor Carrier Safety Administration has placed the blame on trucking companies’ over-stringent expectation placed upon the drivers to deliver goods by a specific time.

In addition to driver behavior, regulations also guide how trucks are constructed, maintained, and used to transport hazardous materials.  When a truck accident occurs in New Mexico, an experienced attorney can help thoroughly investigate what party is responsible.  Drivers must enter their activities in a log book that tracks their hours of service in a 24-hour period to avoid overly fatigued drivers.  Unsafe driving, whether exhausted or not, is still an unfortunate reality inherent to the profession due to the incentive to make or beat deadlines.   Post-accident documentation reveals that drivers self-medicate to stay awake through use of illegal drugs or abused prescription medication. Immediate investigation can help determine whether the driver or the company failed in their duty to maintain safe practices.  Like airplanes, commercial trucks have black boxes that record the drive and can help determine the specific occurrences involving the truck.

Trucking companies and drivers are obligated to comply with industry regulations, and any accident caused by this failure means the company is responsible for the losses incurred by the injured or deceased person’s family.   To succeed in a New Mexico personal injury suit against a truck driver, you must show duty and breach of duty, an injury that was caused by this breach, and the costs incurred by the accident.  This can include medical bills, lost wages, loss of earning capacity, and funeral expenses.

The New Mexico truck accident attorneys at Parnall Law Firm have the litigation experience you need to maximize your recovery as a victim of a catastrophic trucking accident.  We know you face large medical bills and intensive recovery, and our lawyers are here to help you hold those responsible accountable for their negligence.  For a free consultation today, call 505-332-BERT.

More Blog Posts:
Federal Court of Appeals Issues Opinion Dealing with Sovereign Immunity in New Mexico, New Mexico Injury Lawyer Blog, May 29, 2014
New Mexico Supreme Court Delves Into Legal Doctrine in Appellate Decision Involving a Massive, Fatal Car Accident, New Mexico Injury Lawyer Blog, May 14, 2014

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