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One of the most dangerous things that a truck driver could do is to drive drowsy or fatigued. Yes, that is more driving fatigued. While driving drunk or drugged is very dangerous, but drunk driving can be worse than driving at the legal limit of .08. This is according to research from the Sleep Foundation, that motorists who have been awake for 24 hours in a row drive as if they have a BAC of .10. If a driver has been up for 18 hours in a row, that is like driving with a BAC of .05 which is just below the legal limit. Thus, truck drivers who operate a large big rig, 18 wheeler, or box truck while awake fro 18 hours or longer are putting us all at risk for a New Mexico trucking accident.
Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident lawyer knows how to handle fatigued driver and drowsy box truck driver truck crashes. There are both New Mexico statutory, common law, and federal FMCSA regulations which may apply to help victims recover compensation for their injuries. If you or a loved one have been injured in a New Mexico trucking accident, call us by dialing (505) 883-5000 to learn what your rights to compensation may be.
Trucking is a business. The faster that deliveries can be made, the more deliveries that can be made, which means the more money that they can earn. But there are hours of service regulations from the FMCSA, which requires truck drivers to take breaks and other work for a maximum of 14 hours at a time before having a required 10 hour break. This is to protect the safety of all of us on the roadways.
Yet, many truck drivers willingly violate this rule to drive drowsy to make the deliveries to earn money. Other drivers may comply with this rule, but still be fatigued or tired from other factors such as not sleeping well, illness, or just general fatigue. When hours of service violations occur, victims may be wrongfully killed in a New Mexico trucking accident.
In addition to the hours of service regulations, there are blanket rules and prohibitions on driving while fatigued even if the hours of service regulations are complied with. Under 49 CFR 392.3, “[n]o driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
If a fatigued driver causes a serious trucking accident, call the experienced New Mexico truck accident attorneys at the NM Truck Accident Attorneys 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.