Commonly Violated FMCSA Regulations: New Mexico 18 Wheeler Wreck Lawyers
FMCSA Violations Causing Trucking Accidents: New Mexico 18 Wheeler Wreck Lawyers Explain
Large commercial vehicles like 18 wheelers, semi tractor trailers, tankers, flatbeds, pickup trucks, big rigs, and other large box trucks are inherently dangerous. This means that even the most trained and experienced truck drivers could still cause a serious trucking accident. This is particularly true on fast-moving highways and thruways, including I-10, I-25, and I-40. The combination of heavy size and fast speed mean that 18 wheelers generate considerable momentum and force in an impact. One way that the risks of personal injuries and auto accidents are mitigated is through Federal Motor Carrier Safety Administration (FMCSA) regulations. However, there are commonly violated FMCSA regulations which put all motorists at risk.
Our New Mexico 18 wheeler wreck lawyers know how dangerous it is when a truck driver or trucking company violate FMCSA regulations. Individuals could easily be seriously injured or wrongfully killed when any of the commonly violated FMCSA regulations results in an 18 wheeler wreck. If you or a loved one have been seriously injured in any type of trucking accident, or if you have lost a loved one due to the negligence of a truck driver or trucking company, ask the Caruso Law Offices, P.C. for a free consultation to learn how we can help you.
What is the FMCSA?
The Federal Motor Carrier Safety Administration, or FMCSA, is a federal agency which promulgates rules and regulations applicable to all states. This is important because trucking is an interstate business, meaning it takes place over several states. Therefore, many times the truck is coming from, going through, and stopped or causes an accident all in different states. Adding additional layers is that must truck drivers and trucking companies are also not from any of the states where the truck is from, going to, or in when there is an accident.
Thus, the FMCSA regulations apply to every state and set the minimally required conduct that a truck driver must comply with. States are allowed to set higher statutory or regulatory standards, but all truck drivers and trucking companies must comply with FMCSA standards.
Commonly Violated FMCSA Regulations
If you are involved in a New Mexico 18 wheeler wreck, you may have been the victim of a FMCSA regulatory violation and not know it. This is because many violations are not obvious and require some further inspection into what happened. Some of the most commonly violated FMCSA regulations include the following:
Hours of Service violations – Hours of service, or HOS, is a type of violation that is incredibly common. This is because trucking is a time is money business, but HOS regulations restrict the amount of time that a truck driver can work in a 24 hour period, in a week, and in eight days. The HOS regulations are meant to combat fatigue, and when truck drivers violate the HOS rules and fall asleep at the wheel or drive fatigued and cause a crash, they have likely violated FMCSA regulations.
Inspecting Cargo – Inspecting cargo is huge because, after all, that is what truck drivers do—haul cargo! FMCSA regulations require truckers to use certain safety devices and a certain amount per length and weight of load. Truckers are also required to inspect cargo before they leave for a delivery and within 50 miles. Truck drivers need to continue to check cargo at regular intervals throughout their delivery. Failure to do so and having unsecured cargo fall off could be serious FMCSA violations.
Alcohol Use – Absolutely prohibited. Even a .01 is a FMCSA violation, which is stricter than any state. In addition, truck drivers must not use any alcohol within FOUR HOURS of operating a truck and starting a shift. That is the strictest rules of any profession. Any BAC in a crash could result in liability.
Inclement Weather – the FMCSA has regulations related to potentially hazardous conditions and requires large commercial vehicles to continue at a speed that is safe or, when travel cannot be made safe, a truck must stop until it is safe to do so. This includes snow and ice, but also fog, dust storms, or heavy rainy. Any adverse weather condition could require a truck to slow down and stop. The failure to do so in any type of weather event is a serious issue.
Disabled Trucks – Any truck disabled or stopped on the right-of-way (which includes the shoulder) must immediately turn on the hazard flashers and within ten minutes put out three hazard signs or warning cones/flares to oncoming motorists. The failure to warn could be serious negligence.
Victims of Any New Mexico 18 Wheeler Wreck Could Be the Victim of a FMCSA Violation and Not Know It! But We Know it, So Ask Us For Help
If you or a loved one were seriously injured in a New Mexico 18 wheeler accident, please ask our Albuquerque trucking accident lawyers for help today. You may be the victim of an FMCSA violation and not know it! We represent victims injured by negligent motorists, whether you are another passenger driver, motorcyclists, or truck driver. Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. 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.
