Improperly Loaded or Overloaded Trucks
Trucking companies, distributors, and shippers who load tractor-trailers for delivery must do so very carefully. Improperly secured or poorly balanced loads can easily cause devastating accidents. If you or a loved one suffered injuries and economic damage due to an unsafely loaded truck in New Mexico, contact Fine Law Firm today to schedule a free consultation with an attorney about your options for legal recourse.
Why Choose Fine Law Firm?
- The attorneys at the Fine Law Firm have successfully handled truck accident claims in New Mexico for more than 40 years and maintain a 99% success rate.
- Our attorneys are compassionate, and we understand how devastating a truck accident can be and the lasting damage these incidents cause. We strive to maximize our clients’ recoveries.
- We have gained the respect of other New Mexico lawyers and regularly receive invitations to speak at Bar Association events and law schools.
- Our firm offers contingency fee billing. With a contingency fee, a client only pays legal fees if we win his or her case, and we take legal fees as a percentage of case awards.
How Can an Attorney Help?
Attorneys have the legal training and experience to navigate the court system’s complex filing requirements and meet the strict deadlines most cases entail. The attorneys at the Fine Law Firm regularly collaborate with safety experts, engineers, medical practitioners, and other expert witnesses to ensure the highest level of representation in the most complex truck accident cases.
A truck accident for an improperly balanced load or unsafely loaded truck may mean that liability for the accident falls to more than one party. For example, if a shipping company fails to load a truck properly and then the driver speeds during his route and causes an accident, the driver and the party responsible for loading the truck would likely share liability. Trucking companies may attempt to deflect liability back to a plaintiff, and an attorney can handle these issues and subpoena crucial evidence to support a plaintiff’s claims.
How Do Improper Cargo Loading Accidents Happen?
A tractor-trailer is much longer and taller than the average passenger vehicle. Therefore, these vehicles have higher centers of gravity and require careful balancing during loading. If a trailer has too much cargo on one side, it could swing during a sharp curve and cause an accident. If the cargo sits too far back, the tail end of the trailer will be too heavy and could throw the tires out of proper alignment.
Some cargo requires specialized packing and security measures. Large trucks carry smaller vehicles, construction equipment, building materials, timber, and concrete pipe segments. The parties responsible for loading and securing special cargo must ensure they meet Federal Motor Carrier Safety Administration (FMCSA) requirements for specific cargo types.
Damages and Compensation in a Truck Accident Claim
If improper cargo loading or load balancing issues cause a truck accident, injured drivers can secure compensation for their damages through personal injury claims against the responsible parties. In New Mexico, state law may require splitting liability for an accident among multiple parties. For example, a trucking company, driver, and the distribution center responsible for loading a truck could all face liability for an unsafe load-related accident.
Plaintiffs can secure compensation for immediate and future medical expenses, lost income from time spent in recovery or if injuries leave them unable to work, and property damage compensation for vehicle repair and replacement costs. It is also likely for a plaintiff to receive pain and suffering compensation for physical pain and emotional distress resulting from a truck accident.
Let Us Help You Today
Contact Fine Law Firm today to schedule a free case consultation with one of our attorneys. Once we can review the details of your situation, we can explain how our firm can help.