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Proving Hours of Service Violations in New Mexico Trucking Accidents

Albuquerque Trucking Accident Lawyers Explain Proving Hours of Service Violations in New Mexico Trucking Accidents 

There are many things that make driving a large commercial vehicle dangerous even for the most experienced truck driver and well-rested truck driver. But the truth is that many truck drivers are not well rested. This is because the trucking industry is an industry focused on the principle of time is money; the last time it takes to make a delivery the faster a truck driver and trucking company get paid. This is why there are federal regulations which govern how long a truck driver can operate a commercial vehicle. These commercial truck drivers must follow the federal regulations no matter what state they are in, from, or going to. Many truck drivers violate these well-intended rules and cause 18 wheeler wrecks resulting in serious injuries. Therefore, proving hours of service violations in New Mexico trucking accidents is imperative for victims and their families to collect compensation.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident lawyers know how to prove many different common claims in 18 wheeler racks and trucking accidents. This includes proving hours of service violations in New Mexico trucking accidents. These claims can be much harder than other types of semi tractor trailer claims because truck drivers and trucking companies can alter or even hide the hours that they are working or were working. If you or a loved one for seriously injured in any type of trucking accident, truck driver fatigue or sleepiness could have been caused by hours of service violations. This means that you may have rights under New Mexico law and federal regulations, including rights to compensation for the negligent conduct of a truck driver and trucking company.

What are the Hours of Service Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) has enacted Federal regulations that govern hours of service or HOS. A truck driver or trucking company which violate these federal regulations could be negligent if the violation caused an 18 wheeler wreck resulting in personal injuries for wrongful death. The hours of service violations include conduct which falls outside of the following restrictions set forth by the FMCSA:

  • Maximum 14 hours on shift followed by a minimum of 10 hours off shift
  • Maximum of eight hours driving consecutively before taking at least a 30 minute break
  • Out of 14 hours on shift, no more than 10 hours may be spent driving
  • Truck drivers may not work more than 60 hours in any seven consecutive days which does not necessarily have to be a calendar week but any seven days
  • Truck drivers may not work more than 70 hours in any eight consecutive days, again these days do not have to be a traditional calendar week but any eight days in a row, and
  • Other regulations.

Proving a New Mexico Trucking Accident Case

The problem with any hours of service violation is that a truck driver will not tell you that he or she was fatigued at the time of the trucking accident. This is because all their Federal regulations prohibit a truck driver from operating well tired or fatigue whether or not the hours of service regulations are violated. Further, truck drivers and trucking companies will actually alter their logbooks to hide the number of hours they have worked if there’s an hours of service violation. This means that truck drivers and trucking companies are willing to lie about the cause of your serious for catastrophic personal injuries.

This is why you need an experienced Albuquerque trucking accident lawyer to help prove your case. Proving hours of service violations in New Mexico trucking accidents can be difficult to begin with, especially when truck drivers and trucking companies are lying and hiding evidence.  Some of the ways that you can prove New Mexico trucking accident include the following:

  • Gas receipts which include date, time, and location
  • Toll receipts which show time, date, and location
  • Bills of lading which show delivery start and end locations and can give a personal injury lawyer an estimate of how far and how fast a truck driver traveled
  • Hotel receipts which can establish a timeline of where the truck driver started and stopped on the route
  • Use of surveillance cameras at restaurants, truck stops, hotels, and other locations which may place a truck driver at a particular place at a particular time that may or may not be consistent with his or her story, and
  • Other common investigative techniques.

If You Have Been Injured in Any Trucking Accident, Ask Our Albuquerque Trucking Accident Lawyer for Help

If you or a loved one are seriously injured due to hours of serious violations or possible truck driver fatigue, or if a loved one is wrongfully killed, ask our Albuquerque trucking accident lawyers to help you.  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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