When you have been involved in an overloaded or overweight truck accident in Albuquerque, it is critical for you to promptly act to protect your claim for medical and financial damages. After seeking medical attention, you should take swift action to preserve evidence and document your damages.
In the immediate aftermath, this can include taking photos of the accident scene, including the truck, cargo, and skid marks along with gathering contact information for witnesses. However, that is only the beginning, and it is likely to take a lot more to build a solid case. That is where a truck accident attorney can make your life easier.
Cases involving crashes with overloaded or overweight trucks in Albuquerque require a robust understanding of what evidence to gather, who can be held liable, federal laws regulating commercial trucking, and state laws governing truck accident cases. Photos and police reports might be easy places to start gathering evidence, but attorneys know it is also crucial to request access to the truck’s weight tickets, inspection records, maintenance logs, and data from its black box, known as an Electronic Control Module. These records can show if anyone beyond the driver can be held liable for your damages, such as:
From there, a lawyer will compare the evidence to federal regulations for commercial trucking.
The Federal Motor Carrier Safety Administration governs commercial trucking for all of the United States. Weight limits and cargo loading are two important topics of its regulations. The weight limits imposed are:
New Mexico ensures compliance with these standards by requiring all trucks to stop at weigh stations for mandatory inspections as they drive through the state.
In the case of trucks carrying construction equipment or industrial goods, companies must get a special permit from the State Department of Transportation. Finally, state law states that improperly secured cargo that falls off or shifts during transport can also result in violations of federal or state laws.
Speed is important when you are the victim of an overloaded or overweight truck crash in Albuquerque. The sooner you can speak to an experienced attorney, the better your chances are of receiving a settlement. Overloading a truck is illegal—and dangerous. It can reduce a truck’s braking power, increase the chances of tire blowouts, and cause steering and stability problems. Sometimes, a truck can be so overweight that it damages roads, bridges, and highways. Even though an overweight truck establishes negligence, it can be difficult for an injured person to find the necessary evidence to prove their claim for compensation on their own.
Our experienced attorneys could identify the best evidence in your case and request it in a timely manner to position you to receive the best settlement offer available. Schedule your free consultation today and find out how much easier we can make your post-accident recovery. We are ready to prepare your case after an overloaded/overweight truck accident in Albuquerque.