It’s a common scene on New Mexico highways. You’re driving along, and then suddenly, you see a semi-truck careen out of control and plow into the median. The chances of getting into an accident under these circumstances are extremely high. Thus, let’s look at what can happen when a truck is not loaded correctly and determine liability in case one occurs.
How improper loading causes accidents
Trucks are a necessary part of our economy, but they can also be very dangerous when not loaded properly. If a truck is overloaded, it becomes difficult to control and can cause an accident. What happens is that the weight of the cargo shifts leading to the truck tipping over or jackknifing. This can be especially dangerous on tight turns or hills.
Secondly, the cargo on an improperly loaded truck can fall off. This often happens on curves or intersections and can result in severe injuries to drivers and pedestrians. In addition, lost cargo can block traffic and create a hazardous situation for other drivers.
Liability in case an accident occurs
Truck accidents are very dangerous and costly. So, when they occur, the court would want to know who is liable for the accident so that the victim can get the compensation they deserve.
In most cases, the court will hold the truck driver accountable for the accident. This is because it is the driver’s responsibility to ensure that the truck is loaded properly. In other cases, the trucking company may also be liable if they did not have in place adequate policies/procedures/protections or did not provide adequate training or supervision to the driver.
Call the police and your attorney immediately if involved in an accident with a truck. As that the police do a full investigation, including drug/alcohol testing of the truck driver, and collection of any possible surveillance video and or black box data from the truck. Then you can take photos or videos of the scene as evidence yourself. Engage your attorney at the earliest moments in order to ensure further preservation of critical evidence. Obtain medical care. Then after getting treatment, file with New Mexico courts to get the compensation you deserve. Keep in mind that in addition to the importance of early collection of evidence and data, specific time limits also apply to most lawsuits, so engaging with an attorney immediately is the best way to ensure protection of your rights.