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  • “Didn’t See You”: Why Blind Spots are Not Excuses to New Mexico Trucking Accidents

    by Mark Caruso | 2019-09-05 | 18 Wheeler , NM Truck Accident Lawyer

  • Large commercial vehicles like semi tractor trailers, tankers, double tandem trailers, big rigs, and other box trucks all have one thing in common: Massive blind spots.  Yes, they have additional mirrors and some newer trucks have blind spot warning and support systems.  However, no matter the protections, blind spots on a large truck are dangerous and can result in serious personal injuries.  One of the common excuses for a blind spot trucking accident is that “I didn’t see you,” with “I” being the truck driver and “you” being the smaller, passenger vehicle.  Learn why this is not a defense from our New Mexico trucking accident lawyers here.

     

    “I Didn’t See You” is NOT a Defense to a New Mexico Trucking Accident

    At first, it may sound like a reasonable excuse.  The truck driver said he or she did not see you, so it was not intention and just an accident.  But just an accident with a large box truck could result in catastrophic personal injuries and the wrongful death of an innocent person.  The fact that the truck driver did not see you is not a defense, in fact it is an admission of guilty and liability.

    Under New Mexico law, all motorists are required to see what there is to be seen and hear what there is to be heard.  This means that a truck driver who switches lanes, cuts off another car, or backs into another vehicle that it did not “see” could be liable for the serious injuries caused in a New Mexico trucking accident.  It is not an excuse to claim that a driver did not “see” the victim’s car.  The rule of law is simple: If you cannot see where you are going, you do not go until you can see.

    However, far too often truck drivers are rushing and go anyway.  This is because trucking is a “time is money” business, meaning that the faster they make deliveries, the faster that they get paid.  Truck drivers do not have time to just wait–they need to go!

    “I Didn’t See You Because of the Weather”: Think Again!  This is Also Not an Excuse

    Another common example is that a truck driver did not see you because of the weather.  This could be due to the following:

    • Sun glare;
    • Dust storms;
    • Blinding rain;
    • Snow squalls; 
    • Dense fog; or
    • Other weather conditions.

    If a truck driver claims that he or she could not see you which caused the New Mexico trucking accident, that driver may still be liable because of both State and Federal laws and regulations.  In fact, Federal Motor Carrier Safety Administration regulations (FMCSA) require a truck driver to slow down in “hazardous” weather to ensure safe operation of the commercial vehicle and, if safe travel cannot be guaranteed, the truck driver must stop until it is safe to move again.  

    Similarly under New Mexico law, truck drivers may only drive as fast as the weather permits it which could mean stopping if the weather is so blinding that it could be dangerous to continue.

    Ask Our New Mexico Trucking Accident Lawyers for Help

    Here at the Mark Caruso, our experienced New Mexico trucking accident lawyers know how to disprove common defenses truck drivers use like “I didn’t see you” or because of the “weather.”  These are just poor excuses for illegal and negligent conduct which we can help prove in a court of law.  Call to schedule your FREE appointment with our lawyers at the Mark Caruso 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.