Using the FMCSA to your Advantage in New Mexico Trucking Accidents
While the law may be similar, each state has a different body of law and legal nuances. This makes trucking litigation more difficult as a trucking company from Delaware, picking up cargo in New Jersey, transporting the cargo to California, and driving through New Mexico will encounter many different laws, regulations, and legal requirements. The can quickly become burdensome, and safety requirements in New Jersey may be different than New Mexico.
The Federal Motor Carrier Safety Administration (FMCSA) was created within the U.S. Department of Transportation in 2000. The FMCSA’s primary mission is to “reduce crashes, injuries and fatalities involving large trucks and buses.” To this effect, the FMCSA conducts studies and promulgates regulations which apply throughout the United States—whether or not a state has adopted similar safety protections. This unifies the safety requirements and obligations on trucking companies and tractor trailers traveling throughout many states.
Here at the Mark Caruso, our experienced New Mexico trucking accident attorneys know how to use the FMCSA as a sword against negligent trucking companies and truck drivers causing serious personal injuries on our roadways. If you or a loved one has been seriously injured or killed in a trucking accident, contact us today for a FREE case evaluation by calling (505) 883-5000.
Regulations Under the FMCSA
The FMCSA issues and publishes regulations application to trucking companies and truck drivers. The FMCSA regulates many different aspects of commercial trucking, including types of vehicles, qualifications and training for truck drivers, insurance requirements, hours of operation a truck driver may operate a vehicle, and many other aspects of intercontinental trucking.
The regulations issued by the FMCSA are complied in the U.S. Code of Federal Regulations. These regulations apply to almost all trucking companies, truck drivers, and tractor trailer or large commercial trucks in the United States.
Violations of FMCSA Regulations
Under New Mexico law, a violation of a regulation is evidence of negligence. This includes a violation of a regulation issued by the FMCSA and contained in the U.S. Code of Federal Regulations. Even though a violation of a regulation is not automatically a finding of negligence, a violation of a FMCSA regulation provides a strong basis for negligence.
Thus, a violation of a FMCSA regulation will help establish negligence on the part of a trucking company and truck driver in a personal injury case. Many times the regulations prescribe specific requirements that a trucking company and truck driver must comply with. If the trucking company and truck driver fail to comply with these requirements, and such failure causes personal injuries, a jury is likely to hold the trucking company and truck driver liable. This is why having a knowledgable New Mexico trucking accident attorney is very important to find the applicable regulations and establish a violation of them.
Contact the FMSCA Knowledgable Attorneys at the Mark Caruso Today!
If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced personal injury attorneys at the Mark Caruso today by dialing (505) 883-5000. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.