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Drunk Driving Trucking Accident in New Mexico

What Are My Rights After a Drunk Driving Truck Accident in New Mexico?

Drunk driving is a serious problem.  According to the CDC, there is one drunk driving death every 50 minutes in the United States.  This is a staggering figure, particularly considering that drunk driving is entirely preventable.  While all states have a statute against drunk driving, including New Mexico, one of the harshest drunk driving statutes might actually come from the federal regulations governing truck drivers.  This is because a drunk truck drivers are very dangerous and even deadly drivers.  A drunk driving trucking accident in New Mexico could result in entirely preventable injuries that are usually catastrophic and disabling.  Other times a drunk driver’s conduct results in a wrongful death.

When victims or their families suffer personal injuries or a wrongful death in their family due to the negligent conduct of a drunk truck driver, victims and their families may be entitled to compensation under New Mexico law.  Our experienced trucking accident lawyers at the Caruso Law Offices, P.C. can help protect those rights to ensure that victims and their loved ones receive the compensation they need for medical bills, lost wages, pain and suffering, loss of consortium, and other damages.  Call for a FREE consultation to learn how we can help you after a drunk driving truck accident in New Mexico.

FMCSA Regulations Prohibiting Drunk Driving

While New Mexico has drunk driving statutes on the books, the Federal Motor Carrier Safety Administration (FMCSA) has possibly the strictest drunk driving prohibitions.  While New Mexico prohibits a .08 BAC or higher, the FMCSA prohibits any BAC above 0.0 under 49 CFR section 392.5.  Not only that, but the FMCSA prohibits ALL driving even four hours before a truck driver is going to drive. That is a very strict limit!

If a drunk driving truck accident in New Mexico harms an innocent person, which is usually does, a victim is entitled to use the violation of this regulation as evidence of negligence against the truck driver and the trucking company.  This allows a victim to help prove a case.

Mandatory Testing After a Trucking Accident

In addition to the alcohol prohibitions, there are mandatory alcohol testing requirements of a trucking company whenever a certain type of accident occurs.  A victim and his or her family can use this to help prove evidence of negligence against a truck driver and trucking company as the FMCSA regulations end up forcing a defendant to make evidence that could hurt their case, i.e., positive test results!

Under 49 CFR section 382.303, a trucking company must automatically test a driver after a trucing accident when:

  • There is any fatality
  • A truck driver is ticketed and a person must receive medical treatment away from the accident scene
  • A truck driver is ticketed and a vehicle must be towed away
  • If there is “reasonably suspicion that a truck driver appears to be intoxicated.

Ask our Lawyers Handling Drunk Driving Trucking Accident In New Mexico for Help

At the Caruso Law Offices, P.C., our experienced Albuquerque drunk driving trucking accident in New Mexico lawyers can help victims and their families recover compensation for their losses after a negligent truck driver and trucking company harms them.  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.

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