Snow and ice creates a very dangerous and hazardous condition on New Mexico roadways. This is particularly true on fast moving highways such as I-40, I-25, and I-10. This is because large commercial trucks like 18 wheelers, tankers, and semi tractor trailers need to meet tough deadlines to get their deliveries done in time. This is because time is money, and the longer it takes a trucking company to deliver cargo the less money the trucking company makes. But on snowy and icy roads, the faster a large truck goes the greater stopping distance it will need. This is because snow and ice reduce friction, making stopping more difficult.
Considering the increased speed on interstates, which also means drivers have less time to react, serious trucking collisions are common on snowy or icy roads. If you or a loved one have been seriously injured or killed on a snowy or icy road due to a trucking crash, call our experienced New Mexico trucking accident lawyers by dialing (505) 883-5000 to learn what your rights to compensation may be. The call is free and the appointment is free, so there is no risk to learn what your rights are under New Mexico law.
Since commercial trucking is part of interstate commerce, meaning that it involves multiple states throughout the country, there are federal regulations which help govern the conduct of drivers. This is important because it sets a minimum and uniform standard or applicable law.
Under the Federal Motor Carrier Safety Regulations section 392.14, drivers of large commercial trucks must exercise “extreme caution” in hazardous conditions. This regulations lists some hazardous condition as “snow, ice, sleet, fog, mist, rain, dust, or smoke, [or conditions which] adversely affect visibility or traction.” Further, the regulation requires that “[s]peed shall be reduced when such conditions exist.”
If a truck driver conditions to drive too fast on one of New Mexico’s interstates and causes a serious trucking crash due to snow and ice, it is likely that he or she will have violated this regulation. Under the doctrine of negligence per se, when an individual violations a regulation which is meant to protect a victim from the harm that the violator caused, that is evidence of negligence that the victim can use in court to win a personal injury lawsuit.
In addition, there are common law (or judge-law law) which also govern conduct. Similarly, this includes driving at a rate of speed which is reasonable and prudent for the weather conditions which exists. This means that drivers must exercise reasonable care under the circumstances. If a truck driver fails to do that and causes a New Mexico trucking accident in snow or ice, he or she may be liable under common law negligence.
All trucking cases are more difficult than regular motor vehicle crashes. This is because trucking is interstate commerce, and regulations and rules may span several states. This is also because large trucks have onboard computers, different braking systems, and certain regulations which apply to them. Because of this, you need to retain a law office that focuses on trucking crashes.
Here at the NM Truck Accident Attorneys, trucking accidents is what we do. Call us 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.