Representing Victims of Commercial Trucking Accidents
Truck driver fatigue is a leading cause of commercial trucking accidents. Some estimates place truck driver fatigue as the causes of over fifty percent of commercial trucking accidents in the United States every year. The Federal government’s Federal Motor Carrier Safety Administration, a part of the United States Department of Transportation, as well as each of the fifty states, have passed numerous laws and comprehensive regulations designed to prevent or minimize the impact of truck driver fatigue. Unfortunately, these laws do not prevent every accident caused by fatigued truck drivers.
At The Dane Law Firm, P.C., our unique legal team consists of New Mexico trucking attorneys, retained experts, and investigators, who are committed to obtaining just compensation for victims of commercial trucking accidents and their families.
We take great pride in our fight for your rights, as well as the enduring relationships we develop with our clients.
If you or a loved one has been involved in a truck accident, please contact us at (505) 340-0133 to schedule a free consultation with a dedicated New Mexico trucking accident attorney and begin the process of recovering. Because we work on a contingency basis, we will not collect any fees from you unless we get you compensation.
Legal Obligations of Trucking Companies and Truck Drivers
Truckers, like all motorists, have an obligation to operate their trucks in a safe manner. However, their driving missions are more dangerous, since trucks are much heavier vehicles than consumer cars and trucks, driver visibility is limited, and they drive for so long at one time in so many different conditions. Since they are more dangerous, truckers have a higher responsibility to stay safe than regular motorists. Truck drivers and trucking companies are subject to a large framework of federal and state regulations that state with specificity what drivers can and cannot do in almost every situation, from encountering ice, bad weather, to how long they can drive at one time. For instance, property-carrying commercial truck drivers are required to observe the following regulations that seek to prevent truck driver fatigue:
• Not driving more than 11 hours after 10 consecutive hours off duty.
• Not driving beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
• Not driving after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
• Sleeping at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
If the truck driver fails to comply with these obligations, or the trucking company forces the driver to bend the rules, they can be held liable in a personal injury or wrongful death lawsuit. Often times, victims of New Mexico trucking accidents will not know until after their lawsuit goes forward whether the driver broke any fatigue-related rules, because they do not have access to the company’s records. However, The Dane Law Firm, P.C. is here to investigate your claim and get to the bottom of these issues.
Act Quickly to Protect Your Rights
If you or a loved one has been injured in a trucking accident, contact the skilled New Mexico trucking accident attorneys at The Dane Law Firm, P.C. for a free consultation to discuss your legal rights following a commercial trucking accident. If you cannot come to our offices in Albuquerque, we will come to you. Because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.