Every day, large commercial trucks like big rigs, semi tractor trailers, double trailers, and other 18 wheelers haul cargo across the United States. In New Mexico, the interstates I-40, I-25, and I-10 make excellent interstate hubs where trucks doing east and west can change direction to north and south, or vice versa. These hubs funnel many large box truck carrying heavy and large cargo onto our roads which makes it more dangerous for others using these roads for everyday travel. This is particularly true in Albuquerque, where the interstate hub is surrounded by New Mexico’s largest city with many passenger vehicles on the roadways. Thus, when a big rig has cargo fall off the truck and onto the roadway, it could cause a very serious and deadly New Mexico 18 wheeler wreck.
Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident lawyer knows that unsecured, improperly secured, or otherwise fallen cargo which causes a New Mexico 18 wheeler wreck could result in catastrophic or fatal injuries. Both New Mexico law and federal regulations under the FMCSA place certain burdens on truck drivers and trucking companies to ensure cargo does not fall off and cause serious motor vehicle accidents. When truck drivers and trucking companies fail to follow these laws and regulations, individuals who are injured from fallen cargo or unsecured loads could be entitled to compensation for their injuries. To learn more about your specific case, all (505) 355-2969 for a FREE consultation.
Under New Mexico law, there are two independent points to hold a truck driver or trucking company liable for big rig cargo which falls off a truck and onto a roadway. The first is under the common law, or judge-made law, which requires all motorists to secure whatever cargo they are carrying to ensure it will not fall off and cause a barricade or motor vehicle accident. This obviously includes truck drivers.
Additionally, under New Mexico statutory law, or legislatively-made law, NM Stat. section 66-7-364 provides that it is illegal to place injurious material on a highway. This includes cargos from a large big rig, 18 wheeler, semi tractor trailer, or other truck which has cargo fall off of it.
In addition, there are federal regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations governs trucks no matter what state they are in, including New Mexico. Under 49 CFR section 392.9, all truck drivers and trucking companies must inspect and secure their cargo before it leaves for a delivery. Under 49 CFR section 393.100, a truck driver must stop within the first 50 miles of the trip to inspect and make any adjustments to the cargo to ensure that it is still secured and not slipping out.
If an individual is injured in a New Mexico 18 wheeler wreck caused by unsecured cargo, it is likely that one or both of the state laws or federal regulations have been violated. This means that a victim could use the violation of the statute or regulation as evidence of negligence, which helps prove a case.
If you have been seriously injured or a loved one wrongfully killed due to a New Mexico 18 wheeler wreck caused by falling debris, please call our experienced Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys to learn how we can help you today. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else. Call the NM Truck Accident Attorneys by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.