Albuquerque Truck Accident Attorneys

Hours of Service Regulations

One major risk for commercial truck drivers is fatigue. That’s why there are federal regulations in place intended on preventing fatigued and drowsy driving. While laws vary on the state level, New Mexico uses hours of service regulations that are consistent with current federal rules.

Each duty period lasts 34 hours, after which time a reset occurs. Drivers are permitted to be on-duty for 14 hours before the mandatory 10-hour break takes place. However, they’re only permitted to drive for 11 consecutive hours during the duty period, meaning they can perform other tasks related to work except operating a commercial vehicle. A half-hour break must also be taken by hour 8 of the drive. During a 7-8 consecutive day period, drivers may not drive after 60-70 hours on duty. Analyzing a driver’s hours are complex and require expertise we can offer at Martinez, Hart, Sanchez & Romero

Why These Regulations Are Often Overlooked

While many trucking companies have processes in place to ensure drivers maintain hours of service regulations, drivers can still find ways to sidestep regulations and drive longer than allowed by law. In other situations, the company may be at fault for the violations. Some trucking companies pressure drivers into violating hours of service rules, and drivers often comply out of fear of losing their jobs.

This can lead to a dangerous situation on the road. Driving while tired can be just as hazardous as driving under the influence of drugs or alcohol. Fatigue can reduce a person’s reaction time, affect their hand-eye coordination, and impair their judgment. And when commercial vehicles are traveling at high speeds, the risk of serious injuries is even greater.

What Injuries Are Common in Truck Accidents?

Truck accidents can result in a wide range of injuries, some of which can be severe or even life-threatening due to the size and weight disparity between trucks and passenger vehicles. Common injuries sustained in truck accidents include:

• Traumatic Brain Injuries (TBI): Head injuries, including concussions and severe TBIs, are common in truck accidents due to the forceful impact and potential for the head to strike objects within the vehicle.
• Spinal Cord Injuries: The impact of a truck accident can cause damage to the spinal cord, leading to partial or complete paralysis, loss of sensation, or limited mobility.
• Back and Neck Injuries: Whiplash, herniated discs, and other back and neck injuries are frequently reported in truck accidents due to the sudden jolts and forces involved.
• Broken Bones and Fractures: The sheer force of a truck collision can lead to broken bones, fractures, and crush injuries, often requiring surgery and extensive rehabilitation.
• Internal Organ Injuries: Blunt force trauma in truck accidents can cause internal injuries such as lacerations, organ damage, or internal bleeding, which may require immediate medical attention.
• Burns and Scarring: Truck accidents can result in fires or explosions, causing severe burns and scarring that may require ongoing medical treatment and cosmetic procedures.
• Soft Tissue Injuries: Sprains, strains, bruises, and other soft tissue injuries are common in truck accidents due to sudden jerking movements and forceful impacts.
• Emotional and Psychological Injuries: The psychological impact of a truck accident, such as post-traumatic stress disorder (PTSD), anxiety, and depression, can significantly affect a person's well-being and quality of life.

It's important to seek immediate medical attention after a truck accident, even if injuries seem minor at first, as some injuries may not be immediately apparent. Consulting with a truck accident lawyer in Albuquerque can help ensure your rights are protected and that you receive appropriate compensation for your injuries.

We Hold Negligent Truck Drivers Accountable

Commercial truck drivers have a duty to operate their vehicles in a safe, careful manner. When they’re negligent of these duties, serious consequences can occur. 

However, other parties could also be liable for an accident, such as:

• Trucking Company: The company that owns the truck and employs the driver may be held liable. This can be due to inadequate training, negligent hiring practices, or failure to properly maintain the truck.
• Truck Owner: If the truck is owned by a party separate from the trucking company, such as an independent owner-operator, that entity may be held liable for the accident if their actions or negligence contributed to it.
• Maintenance Providers: If the accident resulted from a mechanical failure or a maintenance issue, the entity responsible for maintaining the truck may be held liable. This could be the trucking company, an independent maintenance contractor, or the manufacturer of a faulty part.
• Cargo Loaders: If the accident was caused by improperly loaded or secured cargo, the party responsible for loading the cargo may be held liable.
• Manufacturers: In cases where a defective truck or truck part contributed to the accident, the manufacturer of the defective product may be held liable through a product liability claim.
• Government Entities: Poor road conditions or inadequate road maintenance may contribute to accidents. In such cases, the government agency responsible for the road may be held liable.

Determining liability often involves a detailed investigation into the facts surrounding the accident. It's not uncommon for multiple parties to share responsibility for a truck accident. Legal proceedings may involve negotiations, settlements, or even court trials to determine the degree of liability for each party involved.

Martinez, Hart, Sanchez & Romero is dedicated to helping accident victims in Albuquerque and throughout New Mexico recover from these events so they can lead full, happy lives. We’ve spent the last 30 years helping local clients preserve their rights and we look forward to doing the same for you.

Feel free to call (505) 806-1780 or contact us online to discuss your case with one of our truck accident attorneys in Albuquerque. We’ll review the facts of your case to establish fault and ensure you’re sufficiently compensated for what occurred.