Albuquerque Lawyers Serving Unsafe Truck Load Accident Victims
Big rigs carry a tremendous amount of cargo across county and state lines. Heavy cargo, sometimes comprised of hazardous materials, can cause a crash if it is not properly loaded and secured. The Albuquerque truck accident attorneys at Parnall Law Firm, LLC can help if an unsafely loaded tractor-trailer caused an accident in which you were hurt. We have represented many individuals across New Mexico who have been injured by improperly loaded trucks.
Big Rig Truck Loading Safety
Trucks must be loaded properly to ensure the safety of everyone on the road. Federal and state regulations require commercial drivers and their employers to take precautions when loading their cargo. These safety measures include specific rules on how to load hazardous materials, automobiles, and other types of goods. There are minimum tie-down and covering load requirements to ensure loads cannot shift or become loose while in transport. Truck drivers must periodically inspect loads and have the proper training to recognize signs of unsafe loading.
Unfortunately, many commercial drivers and trucking companies do not take the appropriate level of care when loading their vehicles. When cargo is not properly secured, it can lead to catastrophic consequences. Debris can fall off a truck and strike other vehicles. A truck can also tip or roll over if the cargo’s weight is not properly distributed among its axles.
Who Is Liable for a Dangerously Loaded Truck?
The law requires truck drivers and their employers to take steps to ensure their cargo is safely loaded onto their vehicles. Any failure to comply with these regulations may give rise to a negligence lawsuit against the driver, the trucking company, and any other party responsible for loading the truck.
Negligence occurs when someone fails to exercise the care that a reasonable person would use in a similar situation. In most personal injury claims of this type, a victim must prove four elements. These comprise duty of care, breach of the duty, causation, and damages.
You and your attorney would need to show that the defendant in your case had a legal obligation to use care but failed to do so and caused you injuries that resulted in costs for which you can be compensated. For example, the law requires a minimum number of tie-downs for a flat bed load. If the trucking company loaded the cargo but did not use the appropriate number of tie-downs, this indicates that it may have failed in its duty to use care. If this breach resulted in a crash that harmed you, you can try to hold the trucking company liable for damages.
Seeking Compensation After an Unsafe Truck Load Accident
Several parties may have engaged in negligent conduct that contributed to your injuries. For example, the trucking company may not have properly loaded the vehicle, but the driver may have also missed signs that the truck was not safely loaded due to a lack of training. A number of factors could have combined to cause the crash, so acting quickly is crucial to gathering and preserving evidence. Unfortunately, evidence in truck accident cases sometimes goes missing. In some cases, a party intentionally hides or destroys it. This is called spoliation of evidence. In New Mexico, a party can file a separate cause of action if it believes that the other side did this in an attempt to avoid liability.
Damages that you can pursue from the at-fault parties in your truck accident case may extend to medical expenses, property damage, lost income, pain and suffering, and more. The statute of limitations for New Mexico personal injury claims is three years. If you do not file your lawsuit within this time, you run the risk of losing your right to pursue a claim.
Counseling Injured Individuals in Albuquerque
At Parnall Law Firm, LLC, we provide our clients with dedicated advocacy and counseling in all types of negligence cases. Bert Parnall and our team of Albuquerque injury lawyers are seasoned litigators who are committed to aggressively pursuing a satisfactory outcome for the ordinary people whom we represent. We will act quickly to investigate your truck accident case and develop a strategy tailored to the details of your situation. Call us at 505-268-6500 or fill out our online form for a no-obligation consultation.