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  • Rain Causing a New Mexico Trucking Accident: Victim Rights Explained by Our Albuquerque Trucking Accident Lawyer

    by Mark Caruso | 2019-08-14 | New Mexico Truck Accident Attorney , Truck Accident Attorney

  • If you or a loved one have been injured in a New Mexico trucking accident during the rain, especially heavy rain, you may be entitled to compensation because of a truck driver’s negligence.  This is because New Mexico law and Federal Motor Carrier Safety Administration (FMCSA) regulations require truck drivers to slow down or stop during inclement weather.  Thus, an 18 wheeler that is driving half the speed limit could still be driving too fast for the weather conditions.  Learn more about liability in adverse weather like rain or heavy rain from our Albuquerque trucking accident lawyer in our post here.


    How Rain Can Cause a New Mexico Trucking Accident, And Why it is Never an Excuse

    Rain is actually a dangerous condition on the roadway.  This is because rain can increase the distance it takes for a vehicle to stop, while decreasing visibility.  Additionally, in the first 30 to 60 minutes of rainfall, a roadway surface could actually become very slippery like ice because of the oil on the dry roadway surface that begins to react with the rain.

    Naturally, truck drivers who cause a serious 18 wheeler wreck may blame the rain for the crash.  However, this is simply not a reasonable excuse for the big rig crash.  Even though you may have heard that motorists are not responsible for an “act of God,” motorists still must use reasonable care under the circumstances in the use and operation of their vehicle in all weather.  If a semi tractor trailer driving is driving too fast in the rain and cannot stop in time, that driver is going to be liable for the crash when other motorists are safe.

    FMCSA Regulations Regarding Inclement Weather

    Federal regulations apply to truck drivers throughout the United States, no matter what state the truck driver is from, driving in, or going to.  These regulations set the minimum requirements that truck drivers and trucking companies must satisfy.  

    During include weather, 49 CFR section 392.14 provides that “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by . . . fog, mist, rain, dust, or smoke, adversely affect visibility or traction.”  In these hazardous conditions, the FMCSA requires that a tractor trailer’s speed “must” be reduced and if the conditions are sufficiently dangerous, the truck driver “shall” stop driving and only resume when it is safe to do so.

    Victims of New Mexico Trucking Accidents Should Call Our Albuquerque Trucking Accident Lawyer

    Were you injured in a trucking accident caused by rain? Our experienced Albuquerque trucking accident lawyers can help obtain the compensation you deserve for your injuries.  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.