Advocates for Albuquerque Truck Accident Victims
A driver can easily lose control of an overloaded truck and cause a catastrophic crash. The Albuquerque truck accident lawyers at Parnall Law Firm, LLC can provide you with the legal representation you need to hold a negligent driver or trucking company accountable for your injuries. Our attorneys are experienced in handling complex personal injury matters, including truck accident cases. Whether it is through settlement talks or at trial, we are committed to protecting your rights and interests. Call us today to see how we can help.
Overweight / Overloaded Trucks
An overloaded or overweight truck poses a serious risk to others on the road. Truck accidents caused more than 3,900 deaths in 2012, and 104,000 individuals were injured in crashes, according to the National Highway Traffic Safety Administration. While a number of factors can cause these accidents, an overweight or overloaded truck increases the likelihood that the resultant crash will be catastrophic. A truck that exceeds its weight limit increases the risk of tire failure, a rollover crash, and the likelihood that a driver will lose control of the vehicle when shifting lanes or making a sudden wide turn.
An overloaded truck also poses a danger if the load is not properly distributed on the truck. For example, a truck that is overloaded on one axle may cause the truck to be off balance, and cause it to tip or roll over when in motion. An overloaded truck is more likely to have improperly secured cargo, which can result in falling debris that injures bystanders or causes other car crashes.
Liability for Overweight / Overloaded Truck Accident Injuries
Several parties may be responsible for an accident that involves an overweight or overloaded truck. A truck driver may be held accountable if they failed to properly load or inspect their cargo. A driver may also be liable if factors such as truck driver fatigue or speeding played a role in the crash.
In addition to possible negligent driving by the truck driver, a trucking company may be responsible for failing to adhere to weight and load standards. Trucks that pass through and within our state borders must comply with both federal and state weight restrictions, which include a weight limit of 80,000 pounds for trucks. Any vehicle that exceeds this weight requires a special permit in New Mexico. A trucking company may overload a truck in an attempt to make their delivery times and move on to the next delivery job. To recover for their injuries, a victim would have to show that the driver or trucking company was negligent by establishing that the driver breached a duty of care owed to the victim (usually a duty to act reasonably under the circumstances), and that this breach resulted in the victim’s injuries.
In any truck crash, there is a risk that the trucking company or other defendant may destroy evidence to avoid accountability for their actions. This is called spoliation, and New Mexico permits a victim to file a separate cause of action if a defendant tries to prevent the victim from recovering damages by deliberately destroying or altering evidence in the face of pending litigation. Prompt action after a truck accident is critical to obtaining evidence to build a strong case and prevent evidence tampering or spoliation.
Compensation for Your Injuries
You can file a personal injury claim against the parties responsible for the truck accident and seek compensation for your injuries. You may be able to recover for your medical bills, long-term rehabilitative care, loss of income, and pain and suffering. If your loved one succumbed to their truck accident injuries, you may be able to file a wrongful death claim on their behalf. You may be able to recover compensation for your relative’s funeral expenses, loss of consortium, and pain and suffering.
Committed to Fighting for You
The Albuquerque truck accident attorneys at Parnall Law Firm, LLC will fight to seek the compensation you deserve for your injuries. Our lawyers will investigate your case, gather evidence, and fight for the compensation you need. With our extensive litigation experience, we can effectively represent you during settlement negotiations and in court should your case go to trial. Call us today at 505-268-6500 or contact us online to arrange a free initial consultation.