Understanding Liability When an 18 Wheeler Wreck Caused by Distracted Driving in New Mexico Harms You
Any licensed driver is aware that driving while engaging in distracting activities is dangerous. According to the CDC, there are 8 distracted driving deaths every day in the United States. Distracted driving can lead to catastrophic accidents regardless of the vehicles involved. However, when commercial truck drivers choose to engage in distracting activities, the outcome can result in serious or even fatal accidents. While car accidents can cause serious or even fatal injuries, the size and force of commercial trucks make the risk for these injuries much higher. IN fact, many distracted driving accidents result in permanent and catastrophic injuries that are disabling and sometimes fatal. Despite this, defendant trucking companies refuse to play fair and resist compensating victims and their families. This is why victims of an 18 wheeler wreck Caused by distracted driving in New Mexico should call an experienced lawyer to represent them.
If you or your loved one have been involved in a commercial trucking accident due to distracted driving, call the Caruso Law Offices, P.C. to learn more about how we can help you. Our experienced 18 wheeler wreck lawyers in Albuquerque, NM can help you and your family obtain the compensation that you deserve for your injuries. Our trucking accident law firm has expanded, with another office in Ontario, California serving Inland Empire County and San Bernardino County. While you may not immediately know the cause of an accident involving a semi-tractor trailer, you should know that you can trust on your lawyer. Trust our legal team like others have for over 30 years.
What Types of Activities are Considered Distracted Driving?
The National Highway and Traffic Safety Administration (NHTSA) notes that over 3,100 people die each year to distracted driving. There are many different things that a driver could do that would be a distraction from driving. Distracted driving should never occur when operating a motor vehicle, especially a commercial truck. Examples of activities that fall under the category of distracted driving include the following:
- Texting while driving
- Talking on a handheld phone while driving
- Using a laptop or table
- Changing the radio station
- Using the handheld radio
- Using a handheld radio while driving
- Eating or drinking
- Reaching for something on the floor of the truck or anywhere else in the truck
- Reading a map
- Reading bulletin boards
- Reading a book
- Having a pet in the front of the truck with the driver
- Writing, and
- Other activities that take the driver’s distraction off of driving.
Victims who are hurt in an 18 wheeler wreck caused by distracted driving of any of these types of distractions may be entitled to compensation under New Mexico law.
New Mexico Law and Federal Regulations Prohibiting Commercial Truck Drivers From Engaging in Distracted Driving
Commercial truck drivers are required to undergo rigorous training prior to operating a commercial truck. This is because operating a commercial truck can be very dangerous if not conducted in a safe manner. One thing that commercial truck drivers are taught is not to engage in distracted driving. Not only is this something that they learn, but they are made aware of laws that prohibit this behavior.
According to NM Stat. Section 66-8-114, “[a]ny person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.” Therefore, any action that takes away the full attention of the driver is considered distracted driving and is prohibited.
Further, NM Stat. 66-7-374, subdivision (A) provides that “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle . . . .” This law makes it clear that using a telephone to text while driving is unlawful for any motorist in New Mexico.
When it comes to federal regulations, the Federal Motor Carrier Safety Administration (FMCSA) has promulgated safety regulations applicable to all truck drivers and trucking companies. Under 49 CFR section 392.82, no driver operating a commercial vehicle shall use a hand-held mobile telephone while driving and no trucking company shall allow or require drivers to do so.
Due to these state laws and federal regulations, 18 wheeler wrecks caused by distracted driving can allow victims and their loved ones to recover compensation for their losses.
Why You Should Hire an Experienced 18 Wheeler Accident Lawyer in New Mexico
If you or a loved one were hurt or killed as a result of a commercial trucking accident, it is recommended that you reach out to an experienced commercial truck driving lawyer who can work with you to obtain the compensation you deserve. Commercial trucking accidents are complex and require an experienced truck accident attorney who knows what evidence to obtain to help support your case. Without an experienced trucking accident lawyer, vital evidence may be erased or may never be collected, resulting in insufficient evidence and can make gaining the compensation you deserve more difficult.
Hurt in an 18 Wheeler Wreck Caused by Distracted Driving in New Mexico? Call Us
After a trucking accident in New Mexico or California that has an unexplained cause, or if you know that the driver was texting, call our experienced trucking accident lawyer at the Caruso Law Offices, P.C. for help. We have offices in Albuquerque, NM, Rio Rancho, NM, and in Ontario, CA. We proudly serve all of New Mexico, and Inland Empire County and San Bernardino County, California, willing to travel further for those who have been catastrophically injured or wrongfully killed due to a truck driver’s negligence. This is particularly true in crashes where an 18 wheeler wreck caused by distracted driving has harmed you and your family.
Learn how our experienced team help can help you by dialing (505) 883-5000 to schedule your FREE consultation. We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.