zer0netgain wrote:
Perhaps it is because Mexican truckers don't meet the same standards as US truckers in both skill, certification and insurance.
I see no evidence to support such an assertion.
But even if these assertions are true, then why did you agree to this element of the definition, in the first place? As the negotiating party who was holding all of the chips, one can be reasonably certain that there is no provision of NAFTA that was forced upon the United States.
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If a Mexican trucker causes an accident or is just involved in an accident, who will their victim go after for restitution? We had a case where the person(s) driving a rental truck were from outside the USA. Trying to get anything done in that case was next to impossible because they could not be located and did not return to the US.
If a US trucker causes an accident in Mexico, you can bet the legal process for the Mexican government is more effective for them than it is for us.
Well, given that Mexico has the eminently sensible requirement that all foriegn drivers carry Mexican insurance, I should imagine that it is. But that seems to me to be an issue of Mexico taking care of its own interests where you continue to fail.
The issue of conflicts of laws arises more frequently in motor vehicle accidents than in any other area of law--and legal systems are perfectly capable of encompassing them.
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--James