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Bad Weather is Not an Excuse for a New Mexico Trucking Accident

It might be okay for a baseball player to drop a fly ball because the sun was in his eyes, or a football player to drop a football because it was wet with rain.  But with a New Mexico trucking accident, bad weather is not an excuse to causing an 18 wheeler wreck.  Whether the conditions are heavy rain, snow, sleet, ice, fog, dust, or any other hazard, bad environmental conditions is not a defense to a New Mexico auto accident or trucking accident.  If your have been seriously injured or if a loved one was catastrophic injured or wrongfully killed, please ask our Albuquerque trucking accident lawyers how we can help you today.

New Mexico Law and Federal Regulations Don't Allow Bad Weather to Be an Excuse


If there is inclement weather or even slightly dangerous or hazardous conditions, motorists must slow down or stop.  This is true under New Mexico statutory law and federal regulations for commercial truck drivers.  A violation of New Mexico law may be an automatic finding of negligence against a truck driver and trucking company that harms a victim that law was meant to protect.  A violation of a federal regulation is evidence of negligence in causing a crash.

Under New Mexico law, NM Stat. section 66-7-301 (B) (1) provides that "[i]n every event, speed shall be so controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway."  This law requires all motorists to drive at a safe speed that they can control.  This means that a truck driver could be liable for injuring another motorist, pedestrian, or other person on or near the roadway even if driving BELOW the speed limit.  Thus, if the roads are wet and slippery or if the visibility is poor due to dust storms, truck drivers must slow down to give them enough space to stop.

Under federal regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA), 49 CFR section 392.14 requires that "[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction."  This section even requires a commercial motor vehicle to STOP until safe operation can be resumed.  This means if a dust storm is causing a complete blackout, a truck driver must stop and wait for it to pass before resuming operation.

Victims Injured in a Bad Weather New Mexico Trucking Accident Should Always Call to Have Us Investigate 

After any trucking accident, the truck driver, trucking company, and the insurance company may try to blame you or "acts of God" for the trucking collision.  This commonly includes due to the weather such as rain, unexpected snow or ice, sleeting, heavy fog, or dust storms that allegedly come out of nowhere.  But do not fall for these common tricks.  Ask us to help you to protect your rights.

If you or a loved one have been seriously injured in a New Mexico 18 wheeler wreck, please call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000.  

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.

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Caruso Law Offices, P.C.

4302 Carlisle Blvd. NE
Albuquerque, NM 87107

Phone: 505-355-2969
Phone: 505-883-5000
Fax: 505-883-5012
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1005 21st Street SE
Suite 11
Rio Rancho, NM 87124

Phone: 505-355-2969
Phone: 505-883-5000
Fax: 505-883-5012
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