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Large commercial trucks like big rigs, semi tractor trailers, double trailers, tankers, 18 wheelers, flatbeds, and other box trucks are very dangerous vehicles even when driven with care and skillfully. This is why dangerous truck drivers who violate the law or fail to comply with good, safe trucking standards need to be off the road. Instead of just causing property damage and maybe minor injuries, truck drivers in large big rigs will catastrophically injure or kill an innocent person in a New Mexico big rig wreck.
To combat dangerous truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) has enacted several provisions to protect motorists on the roads. If a dangerous truck driver violates any one of these sections which causes New Mexico big rig wrecks, the victims may be able to use the violation of the statute as evidence of the truck driver’s negligence.
Some pertinent sections of FMCSA regulations to fight dangerous truck drivers to keep them off the road or limited time on the road include the following:
Traffic Convictions – A CDL truck driver who is convicted of a traffic infraction (such as speeding or running a red light) must notify his or her employer of any conviction of a violation. Even if the truck driver is appealing the conviction, the violation must still be provided to the employer. This allows the employer (trucking company) to review the facts and circumstances and then decide is the truck driver is safe for the roads, needs retraining, or should not be allowed to drive a large 18 wheeler anymore.
Passing of Knowledge and Skill Tests – A driver applicant must pass several skill and knowledge tests before a trucking company may allow him or her to begin operating a motor vehicle. These tests require an applicant to answer 80% of the questions correctly, or it is a fail. The skills tests are monitored by a test administrator. Dangerous truck drivers who cannot answer these questions correctly or demonstrate skill in operating a truck should not be permitted to operate a large commercial truck.
Drug and Alcohol Testing – The FMCSA regulations take drug and alcohol use seriously. There are numerous pre-employment, random testing, and post-accident testing requirements. The purpose is to prevent drivers who abuse drugs and alcohol from operating on the roadways in a manner which would be dangerous to others on or near the roadway. The FMCSA regulations have a zero tolerance for these violations of drugs, and a very strict threshold for alcohol much below the state’s BAC level for DWI/DAI. When a dangerous truck driver is impaired by drugs and alcohol, it poses an undue risk to all of us on or near the roadways.
Dangerous big rig drivers can cause serious personal injuries or the wrongful death of an innocent person and his or her family. If you or a loved one have been seriously injured due to a dangerous truck driver, you may have rights to protect and the FMCSA may help prove your case. Call our experienced Albuquerque trucking accident lawyers at the NM Truck Accident Attorneys to learn what your rights to compensation may be 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.