Drowsy driving is a dangerous practice that can cause catastrophic and fatal trucking accidents in New Mexico. A fatigued truck driver may be unable to pay attention to the road or control the big rig. If drowsiness results in a truck accident, injured victims have the right to seek financial compensation for their losses.
What Are the Dangers of Drowsy Truck Driving?
Large trucks are the most dangerous vehicles on the road. They have the power to crush or obliterate smaller cars in motor vehicle collisions. For this reason, truck drivers are held to high standards of care in terms of safe vehicle operation. Driving while fatigued is a glaring violation of this standard of care.
According to the Sleep Foundation, drowsy driving is comparable to drunk driving in the way it alters a driver’s ability to control a motor vehicle. Fatigue can cause dangerous lapses in attention, as well as slowed reflexes and inhibited decision-making. A truck driver suffering from severe fatigue may also fall asleep behind the wheel – potentially causing a high-speed truck accident.
How Common Is Drowsy Driving Among Truck Drivers?
While any motor vehicle driver could be guilty of drowsy driving, the nature of a truck driver’s job means higher odds of fatigue. Truck drivers spend long hours on the road, often alone. Long-haul truckers may have to drive overnight, meaning reversed sleeping schedules and rest breaks in uncomfortable sleeper berths.
In addition, many truck drivers struggle with a medical condition known as sleep apnea. Sleep apnea can interrupt sleep by causing breathing problems, leading to low-quality rest and fatigue during the day. Sleep apnea is particularly common among truck drivers due to risk factors such as obesity and smoking.
What Are Hours-of-Service Regulations?
In an effort to prevent drowsy driving truck accidents, the Federal Motor Carrier Safety Administration has passed laws for how long a truck driver may drive without taking a rest break. These laws are called hours of service (HOS) regulations. They place the following limits on driving times:
- 14-hour driving window
- 11-hour driving limit within the 14-hour window
- 60-hour total limit within 7 days
- 70-hour total limit within 8 days
To keep track of a driver’s hours of service, all commercial truck drivers are required to enter their hours into electronic logging devices. When drowsy driving is a suspected cause of a truck accident, these devices can be used to search for evidence of violated HOS rules.
Who Is Liable for a Drowsy Driving Truck Accident in New Mexico?
New Mexico operates under a fault law for automobile accidents. This means that instead of all drivers filing claims with their own insurance providers, injured accident victims can seek compensation from the insurance carrier of the at-fault party.
If an issue such as drowsy driving causes a truck accident in New Mexico, evidence of the truck driver’s fault is necessary to hold the driver or a trucking company responsible. In many cases, truck drivers are pressured to surpass their driving time limits by trucking companies. The injured victim has the burden of proving truck driver fatigue.
How Can a Truck Accident Attorney in New Mexico Help You?
Proving drowsy driving can be difficult, especially when the defendant in your claim is a powerful trucking company. Truck companies are versed in how to avoid liability for accidents involving their trucks and drivers, including drowsy driving collisions.
A truck accident lawyer in Albuquerque can preserve and collect evidence to prove a drowsy driving claim on your behalf, such as the truck’s black box or hour logs. Meanwhile, you can focus your energy and attention on healing from serious and painful injuries.
If you were recently injured in an accident caused by a drowsy truck driver in New Mexico, contact The Fine Law Firm for a free discussion about your legal rights and options. We can help you file a claim in pursuit of justice and maximum financial compensation.