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  • How to Prove a Fatigued Truck Driver Caused a Trucking Accident in New Mexico

    by Caruso Law Offices, P.C. | 2020-08-06 | NM Truck Accident Lawyer

  • Falling Asleep at the Wheel or Fatigued Driving: How to Prove a Fatigued Truck Driver Cased a Trucking Accident in New Mexico

    While we all know that drunk driving or drugged driving have always been very dangerous, and that distracted driving has become a new danger, most people do not realize that fatigued driving is also very dangerous.  But in fact, AAA has found that drowsy driving could increase the risk of an accident to that of a drunk driver.  The CDC also provides that drowsy driving in responsible for over 72,000 and 44,000 injuries, including almost a thousand wrongful deaths.  Thus, it goes without saying that drowsy driving for drivers of large commercial trucks is also very dangerous.  But a common issue is how to prove a fatigued truck driver caused a trucking accident in New Mexico.

    This is can be difficult to prove because only a truck driver knows if he or she is fatigued.  Which is why victims of serious motor vehicle accidents and trucking wrecks in New Mexico need to have an experienced Albuquerque trucking accident lawyer to help build their damages claim and establish liability.  Here at the Caruso Law Offices, P.C., we have dedicated our practice to protecting the rights of innocent victims and families who have been seriously injured or who have lost a loved one.  Call for a FREE consultation to learn what your rights to compensation are under New Mexico law and how we can help you today.

    Signs of Fatigued Truck Driver

    There are many ways that an experienced or savvy lawyer can prove a fatigued truck driver’s conduct.  This includes being able to review electronic control module or ECM data in truck which acts like a black box.  Signs of a fatigued truck driver could include the following:

    • Swerving
    • Crossing over lanes
    • Erratic braking
    • Heavy acceleration followed by heavy braking
    • Drifting
    • Reviewing drive time for excessive driving without breaks
    • No steering wheel input from a driver
    • Delayed reactions, and 
    • Other conduct.

    Common Types of Trucking Accidents Which Indicate a Drowsy Driver

    There are also some common types of trucking accidents which indicate that a truck driver was fatigued or drowsy.  This includes some common crashes such as the following:

    • Rear end collisions
    • Speeding
    • Following too closely
    • Crossing the center line
    • Side-swiping other vehicles
    • Driving off the road
    • Over-corrections (i.e., drifting off the road and wakeup to pull back the wrong direction)
    • Jackknifed trucks
    • Flipped over, and 
    • Other types of crashes.

    Truck Driver Driving While Fatigued May be Liable Under New Mexico Law or FMCSA Regulations

    New Mexico law prohibits drivers, including truck drivers, from operating a motor vehicle while fatigued or drowsy.  This is because it is obviously very dangerous and could result in serious personal injuries when a truck driver falls asleep and turns a truck into an unguided missile.

    There are also federal regulations enacted by the FMCSA which also prohibit a truck driver from operating a motor vehicle while fatigued.  There are also hours of service regulations which prohibit how long a truck driver can operate a commercial vehicle without a break.  If these regulations are violated, it can be used to prove to a jury that the truck driver may have been fatigued or driving while fatigued.  This can help prove a case.

    Ask our New Mexico Trucking Accident Lawyers for Help

    If you or a loved one were seriously injured or wrongfully killed in a New Mexico trucking accident caused by a fatigued truck driver or a possibly fatigued truck driver, call the Caruso Law Offices, P.C. to learn how we can help protect your rights to compensation under the law.  Not only do we have the experience necessary to establish your claim, but we also work with leading experts to help establish liability through scientific evidence based on accident reconstruction or piecing together police and eyewitnesses statements.  

    We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.