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Overweight/Overloaded Trucks

Albuquerque Lawyer Representing Motor Vehicle Collision Victims

Semi-trucks, 18-wheelers, and other commercial vehicles can weigh up to about 80,000 pounds. This is already a considerable weight without companies bending rules to make them even heavier. Although there are state and federal regulations in place governing many aspects of the trucking industry, including size and weight restrictions, there are far too many overloaded and overweight trucks on the highways and interstates of New Mexico. A truck that is too heavy or carrying too great a load is at a higher risk of being involved in a serious or fatal accident. These vehicles are more difficult to control, at a higher risk for tire or brake failure, and more likely to have improperly secured cargo. If you need to speak to an experienced Albuquerque truck accident attorney about your options, the Law Office of Matthew Vance can help. Mr. Vance was born and raised in New Mexico, and he takes personal satisfaction in helping members of his community assert their legal rights. He has been involved in many cases in which accident victims received six- or seven-digit verdicts and settlements.

Pursuing Damages for Your Injuries

In the negligence cases that tend to arise from big rig crashes, the plaintiff must prove that the defendant owed the plaintiff a duty of care, the defendant breached the duty owed to the plaintiff, there was a link of causation between the defendant’s breach of duty and the harm that the plaintiff suffered, and damages resulted.

If an injured person or a victim’s family makes out a successful case of negligence against a defendant in the trucking industry, substantial economic and non-economic damages may be awarded. Some examples of economic damages include lost wages, loss of future earning capacity, past and future medical expenses, and property damage, while non-economic damages may be based on factors like pain and suffering or a spouse’s loss of consortium. If the driver was employed by a trucking company at the time of the accident, the company may also be held liable for the resulting damages to the plaintiff under the theory of respondeat superior, which applies if the accident happened in the course and scope of the employment relationship. The trucking company may also be liable for its own negligence. It may have overloaded the truck, failed to properly secure the load, or encouraged its drivers to violate regulations.

Since accidents involving overweight or overloaded trucks are often devastating, involving multiple serious injuries or fatalities, the insurance company that covers a particular trucker or trucking company will probably have a claims adjuster working on the case from the moment that it knows that there has been an accident. Hiring a knowledgeable injury attorney can help even the playing field for accident victims, ensuring that they comply with relevant procedural deadlines and obtain any expert witnesses that may help them prove their case. The New Mexico statute of limitations restricts the time period during which a claim may be brought, and evidence also may decay or disappear unless a victim acts promptly.

Explore Your Options with a Truck Accident Attorney in Albuquerque

The Law Office of Matthew Vance is dedicated to assisting injured New Mexico residents in fighting for fair compensation in personal injury and wrongful death cases. Albuquerque truck accident lawyer Matthew Vance can guide you through each step of the legal process. He represents accident victims statewide, including in Espanola, Roswell, Carlsbad, Tucumcari, Rio Rancho, Los Lunas, Socorra, and Los Alamos. Call us at (505) 242-6267 or contact us online to set up a free consultation with a knowledgeable motor vehicle collision attorney.