A speck of dirt and some dust does not seem like a lot. But when there is a lot of dirt and dust, and add some wind, it can be a very dangerous weather phenomenon. Those living outside of the cities particularly know this, especially those who need to commute on interstates or highways such as I-10, I-40, or I-25. Large commercial truck drivers also know how dangerous dust storms can be, which can really hurt a trucking company’s bottom line. But this does not stop big rigs and box trucks from continuing to drive in dust storms which could result in catastrophic New Mexico 18 wheeler wreck. If you or anyone you know has been hurt in a dust storm trucking accident, you may have some questions for our Albuquerque trucking accident attorney.
Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident attorney has handled many New Mexico 18 wheeler wrecks caused by dust storms. We know how dangerous these dust storms can be for all people on or near the road. We work with individuals and their families to determine what happened, as well as some of the leading experts in analyze the weather and trucking safety guidelines. If you or a loved one have been seriously injured or wrongfully killed in a New Mexico 18 wheeler wreck, please call us by dialing (505) 883-5000 to learn your rights today.
Motor vehicle accidents, including trucking accidents, are a type of negligence action. This means that a party may be liable for injuries proximately caused due to reckless, careless, or downright negligent acts. These acts are those which a reasonably prudent person would have not done in the exercise of reasonable care under the circumstances in the use and operation of his or her motor vehicle.
Said differently, negligence is about what society establishes as safe and proper conduct. It is conduct that we expect the masses to follow. This expectation and policy is evolved as public sentiments change through common law (or judge-made) law. When an individual, including a business, has violated the common law principles we expect all individuals to follow and comply with, that individual may be negligent and we may be able to collect compensation for their injuries.
But there are also laws from statutes and regulations. These are either legislatively-made (laws made through the Legislature and formal law/bill making processes) or these are agency-made (regulations promulgated by an agency). Violation of a law (statute) that was meant to protect people from harm, and the violation causes a personal injury, means that the violator may be found automatically negligent through the doctrine of negligence per se. Whereas the violation of a regulation will only be evidence of negligence (not an automatic finding, but still a helpful finding).
Therefore, an individual who violates the common law principles, statutory law, or regulations may be liable for a New Mexico 18 wheeler wreck in a dust storm.
While there are numerous common law mandates for a trucking company to follow during a dust storm, there are three specific laws and regulations which apply to almost every dust storm wreck. The first are New Mexico statutes which require speed to be reduced and controlled during an adverse weather event (like a dust storm) and a second law which requires speed to be controlled as “reasonable” for the conditions of the highway, which include weather events.
The statutes are first New Mexico Stat. 66-7-301 governs speed regulation, and provides “[i]n every event, speed shall be controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway.” The second is New Mexico Stat. 66-7-318 which provides “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
But that is not all. There is also the Federal Motor Carrier Safety Regulations (FMCSA) which provides under section 392.14 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. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.” This section deals specifically with adverse weather conditions such as dust storms, and may require a truck driver to stop his or her vehicle if it is too dangerous to drive. Thus, by virtue of causing a crash, it is likely to be said that it is too dangerous to drive.
If a large commercial vehicle like a box truck, 18 wheeler, semi tractor trailer, or other large 18 wheeler causes serious personal injuries in a dust storm, please call the NM Truck Accident Attorneys to fight back for your rights. Our experienced and compassionate team will ensure that your rights to compensation are protected. If you or a loved one has been injured in any New Mexico big rig crash, call the experienced Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys today by dialing (505) 355-2969. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.