Just a moment of inattention or a single mistake can lead to a life-changing truck accident. If you or a loved one was injured in a truck accident, a truck accident attorney in New Mexico can help you explore a possible claim or lawsuit against the at-fault party.
Every year, big rigs are involved in thousands of serious and deadly accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), 5,837 large trucks were involved in fatal crashes in 2022, the most recent year data is available. Truck driver error is behind a large percentage of these collisions.
Speeding
Fatal truck accident statistics from the FMCSA found that “speeding of any kind” was the most frequent driver-related factor for both vehicle types. Speeding in a big rig, or driving too fast for conditions, can put road users in danger because large trucks need more time to stop than smaller vehicles.
Speeding can lead to the truck driver losing control of the semi and being unable to stop in time to prevent a collision, careening off the road, crossing over the center line, or jackknifing the truck and rolling it over. Speeding is especially dangerous around curves and downhill. Speeding may coincide with other types of aggressive or reckless driving by the truck driver, such as weaving in and out of lanes and tailgating.
Distracted Driving
For truck drivers, “careless driving, inattentive operation, improper driving and driving without due care” was the second-most common driver-related factor involved in fatal accidents. One of the most common examples is distracted driving.
Dividing a truck driver’s attention between the driving task and something else can be deadly. Distracted driving is a major issue among truck drivers due to long hours alone on the road, boredom and trying to pass the time. Unfortunately, this can lead to truckers who are distracted by cell phones and other technology while driving.
Exceeding Hours-of-Service Regulations
Drowsy driving is a significant problem in long-haul trucking – so much so that federal laws have been passed limiting the number of hours a truck driver can drive without taking a rest break. These hours-of-service (HOS) regulations must be strictly adhered to in order to reduce the risk of truck driver fatigue.
Exceeding allowable driving hours greatly increases the risk of drowsy driving accidents. Unfortunately, many trucking companies pressure their drivers to skip rest breaks or log too many hours to reach their destinations faster. Combined with a prevalence of sleep apnea and other sleep problems among truckers, there is a high risk of truck driver fatigue.
Violating Federal Safety Rules
Hours of service is not the only federal law frequently broken by truck drivers in New Mexico. The FMCSA has a long list of safety rules that are in place to reduce the risk of truck accidents. If a truck driver violates any of these regulations, it could lead to a devastating crash.
Federal trucking laws include:
- Commercial licensing requirements and other qualifications for truck drivers
- Driver training protocols
- Drug and alcohol regulations and mandatory driver testing
- Cargo securement requirements
- Special rules for the transport of hazardous materials (hazmat)
- Truck height, length and weight restrictions
- Truck inspection and maintenance requirements
Proof of a violation of federal law can serve as evidence against a truck driver during a truck accident claim. Records and logs maintained by the trucking company (also required by law) can help prove this type of case.
Failing to Check Blind Spots
Large trucks have large blind spots. It is a truck driver’s duty to recognize this and adjust his or her driving accordingly. Truck drivers must carefully check their blind spots and make slow and safe lane changes to protect other road users. Failing to take blind spots into consideration when turning, merging or changing lanes could make the truck driver at fault for a related accident.
Following Too Closely
A large and heavy big rig cannot stop nearly as quickly as a standard passenger vehicle. Their heavier weight, loads they carry and lag created by their special air brakes lead to a stopping distance of nearly 525 feet.
For this reason, truck drivers are expected to maintain ample distance between their vehicles and the cars they are following. Following too closely or excessive tailgating is a dangerous truck driver error that could lead to a rear-end collision or deadly override accident.
Driving While Intoxicated
One of the gravest errors a truck driver can make is operating under the influence of drugs or alcohol. In New Mexico, the legal blood alcohol concentration (BAC) level is reduced for truck drivers and all commercial drivers, from 0.08 percent to 0.04 percent.
Federal laws prohibit large truck drivers from consuming alcohol or illicit drugs while driving. Even certain prescription drugs should not be taken by a truck driver if they could potentially compromise his or her driving ability.
Breaking Traffic Laws
Traffic violations are one of the most common causes of semi-truck and 18-wheeler accidents in the state. Truck drivers must follow all of New Mexico’s typical traffic laws and roadway rules in addition to special federal trucking laws.
Common traffic violations behind trucking accidents include:
- Running red lights
- Rolling through or failing to stop at stop signs
- Failing to yield the right-of-way
- Following too closely (tailgating)
- Unsafe passing
- Crossing the centerline
- Making dangerous left turns
- Improper backing
- Speeding, racing or driving recklessly
Proof of a broken traffic law, such as a traffic citation or surveillance footage, could make the truck driver who broke the law legally responsible (liable) for the truck accident. In many cases, the trucking company could also be held vicariously liable for the mistakes of its driver.
Failing to Inspect the Truck
One of a truck driver’s responsibilities when operating a big rig is to perform daily pre-trip inspections of the truck and its equipment. This includes the tires, engine, brakes, fluids and cargo hold. Skipped inspections could lead to dangerous mechanical problems, such as tire blowouts and brake failure, that can cause truck accidents.
How to Seek Justice for a Truck Accident Caused By Driver Error in New Mexico
If you have been hurt by an accident involving a large truck in New Mexico, it is in your best interest to contact us today for a free consultation to discuss your legal rights and options. You may be eligible for financial compensation for your medical costs, property repairs, lost wages, and more. An attorney can help you hold a truck driver, trucking company or another party accountable for a driver error that caused your accident.