release of their equipment or, in some cases, off-load cargos within 24 or 48 hours. With

proper Mexican insurance and legal counsel, Mexican civil procedures do not present a serious

hurtle for U.S. carriers. Indeed, in some respects, Mexican law offers some advantages,

relative to that in the U.S., for defendants. For example, there are some general formulas for

damages to compensate victims. Typical compensation for a death is the equivalent of 730 times

the minimum wage for one year of work at four days per week (Giermanski et al.).

 The crucial difference between the two countries is with regard to criminal law. What

would be simple negligence in the U.S., is a criminal offense in Mexico. Moreover, carriers

may be liable for punitive damages [known in Mexico as moral culpability] and pain and

suffering. A driver involved in an accident resulting in a serious injury or fatality frequently

will be incarcerated. Depending upon the severity of the injuries and the apparent degree of

negligence, bond may or may not be set."

 In the event of an accident resulting in a severe injury or death, the driver normally is

incarcerated until a preliminary investigation can determine if bond should be set. This may take

up to three days. In practice, a good lawyer can secure bond for both the driver and the

equipment in most cases. Curiously, there was some suggestion that this is easier to do if the

lawyer is in a position to surrender the driver, rather than having the driver already in custody.

Indeed, several Mexican carriers stated that drivers are advised to flee the scene of an accident

[despite the fact that that is a criminal offense], get in touch with the carrier, and hide while the

lawyer arranges bond.

 It may take as much as a year for a case to come to trial. For U.S. carriers, preparing

a defense may be complicated by unfamiliarity with Mexican law, and that of the specific