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Many news sources including the National Weather Service are forecasting high winds for New Mexico and particularly Albuquerque, including gusts over 75 MPH. People are advised to exercise extreme caution and avoid travel. High profile vehicles are also warned to avoid travel and use particularly care and caution. But as an Albuquerque trucking accident lawyer, we know that commercial trucking companies will not yield this warning. After all, time is money and being out of service means that money is not being earned. This can result in very dangerous situations where large 18 wheelers, big rigs, semi tractor trailers, and other box trucks could be blown over. This could result in horrific crushing accidents, jackknife accidents, and rollovers.
New Mexico trucking accidents such as this may result in liability for the truck driver’s negligence to anyone hurt in the auto accident. The trucking company will usually also be liable for the actions of its employees, and therefore the trucking company will also be at fault and responsible for any injuries caused by the auto crash. If you or a loved one are injured in an 18 wheeler wreck caused by high winds, call our Albuquerque trucking accident lawyer by dialing (505) 883-5000 to learn how we can help you today.
The FMCSA regulations address adverse weather conditions and apply to all commercial motor vehicle operators, including large semi tractor trailers and 18 wheelers. However, the regulation does not specifically mention “high winds.” Nonetheless, a full and fair reading of the regulation does evince an understanding that truck drivers must use extreme caution in hazardous conditions.
The regulation is 49 CFR section 392.14, which provides in full the following:
Extreme 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.
Even though high winds are not explicitly listed, the fact that the leading sentence providers the quantifier “when hazardous conditions, such as those caused by” indicates that the list provided is not exclusive. This means that other hazardous weather conditions, such as high winds, could also require a truck driver use extreme caution.
If you or a loved one are injured by a New Mexico trucking crash which was caused by high winds, you may have a case against the trucking company and truck driver. This is because the applicable regulations require a truck driver to use “extreme caution” and to reduce speed or cease operation when safe travel of the truck can be continued. By virtue of an 18 wheeler wreck being caused by high winds indicates that travel cannot be safely made. Call the Mark Caruso by dialing (505) 883-5000 to schedule a FREE consultation with one of our experienced Albuquerque trucking accident lawyers. We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.