Sick Truck Driver Causing a New Mexico Trucking Accident: FMCSA Violations Explained by Our Albuquerque Trucking Accident Lawyers
FMCSA Violation When a Sick Truck Driver Causing a New Mexico Trucking Accident Hurts You
Driving a large commercial vehicle such as a semi tractor trailer, 18 wheeler, box truck, or other big rig is inherently difficult. This is why truck drivers are required to undergo a class and pass a written test, shadow another truck driver, and then pass a practical/skills tests before obtaining a commercial driver’s license. Even after passing these hurdles, truck drivers still must exercise a high degree of care in handling a commercial vehicle as even a well-rested, experienced, and alert truck driver could cause a catastrophic accident. Thus, when a truck driver is operating at a sub-optimal level, he or she is increasing the risks of a serious collision. As a result, an ill or sick truck driver causing a New Mexico trucking accident could be liable for causing serious personal injuries or the wrongful death of an innocent person.
Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident lawyers understand how frustrating it can be for a victim and his or her family when a negligent truck driver causes a preventable injury. Our compassionate team will work with your treating healthcare providers and possible hire other medical experts to help prove your case in court. We may also retain industry-leading experts to establish the liability of a truck driver and trucking company to hold them responsible for your injuries. We will do all of this with no upfront cost to you, as we understand that you already have increased medical bills and you are losing time from work. This is why we accept cases on a contingency fee agreement meaning you do not owe us any money until we recover a settlement or jury award for you.
Problems with Driving While Ill or Sick
A truck driver who is operating a commercial vehicle well ill or sick is at a risk of causing a New Mexico trucking accident. This is particularly true now in the middle of cold and flu season, as well as during this coronavirus outbreak. Illness can effect a way a motorist operates a vehicle by reducing reaction time and making concentration more difficult due to ailments. In addition, illness can create fatigue which makes a truck driver more likely to have difficulty maneuvering the big rig or more likely to fall asleep at the wheel. Well some motorists may be able to operate a smaller passenger vehicle well ill, a large semi tractor trailer is simply much more difficult to operate even in the best of health. Any distractions due to coughing, sneezing, fever, or other ailments could result in a sick truck driver causing a New Mexico trucking accident.
FMCSA Violations for Operating a Commercial Vehicle While Ill or Sick
The Federal Motor Carrier Safety Administration (FMCSA) recognizes the dangers of an ill or sick truck driver operating a commercial vehicle. Under 49 CFR section 392.3, the FMCSA has promulgated regulation which provide an ill or fatigued truck driver from operating a commercial vehicle. This section provides the following:
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.”
Therefore, when a truck driver operates a commercial vehicle and causes a New Mexico trucking accident while the truck driver is sick or ill, the truck driver and trucking company could be liable for any personal injuries or wrongful death caused by the crash for violating this FMCSA regulation. Violations of a regulation can be used as evidence of negligence against a trucking company or truck driver to help victims establish liability.
Ask Our Albuquerque Trucking Accident Lawyers for Help
It is cold and flu season and there are other serious health conditions such as the coronavirus which could affect a truck driver’s ability to safely operate a motor vehicle. If you or a loved one are seriously injured due to a sick or ill truck driver on I-40, I-25, I-10, or any other roadway in New Mexico, or if a loved one is wrongfully killed, ask our Albuquerque trucking accident lawyers to help you. You have rights under New Mexico law and FMCSA regulations to protect! 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.
