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Unsecured Cargo Falling off a Truck in New Mexico

Lawyers Explain Liability When Unsecured Cargo Falling of a Truck in New Mexico Causes Personal Injuries

The main purpose of a commercial vehicle is to haul cargo.  That could be enclosed in a box truck, or other in a flatbed.  In either situation, the primary purpose of a large commercial vehicle is to transport cargo.  This is also an important duty and obligation.  Trucks help supply retailers across the United States with their cargo.  This cargo is the food we eat and the objects we need.  The important to trucks is highlighted during the global pandemic from the coronavirus known as COVID-19.  But while there are some great truckers, unfortunately there are too many bad ones.  And unsecured cargo falling off a truck in New Mexico and cause serious personal injuries is a common issue.

It is also something that our experienced New Mexico trucking accident lawyers at the Caruso Law Offices, P.C. have handled before.  We know how devastating and deadly it can be when cargo falls off of a truck and cause serious personal injuries or the wrongful death of an innocent person.  We have dedicated our law firm to representing these victims and all of their family members who have been irreversibly harmed by the negligence of another person.  If you or a loved one have suffered injured in any type of truck accident occurring in Albuquerque, Santa Fe, Lordsburg, Roswell, or anywhere else in New Mexico, ask our for a FREE consultation how we can help you.

Federal Regulations for Securing Cargo

Since the trucking industry is an interstate business, meaning that it takes place over many different states, there are federal regulations which govern how a truck should conduct itself and what rules truck driver and trucking companies must comply with.  This is done through the Federal Motor Carrier Safety Administration (FMCSA).

Unsecured cargo falling off a truck in New Mexico is governed by the FMCAS regulation with the citation 49 CFR s 392.9.  This section dictates when a truck driver needs to insect their cargo.  Pertinently, this section requires a truck driver to inspect their cargo during one of three events:

First Event: Always before starting a delivery.  This seems obvious, but some truckers may rely on loaders to set up their cargo.  If a truck driver’s cargo is not properly secured due to a negligent loader, it is not just the loader’s liability but also the truck driver’s liability.  This means that they both share fault.  It also means that a victim was needlessly harmed for no reason.  This is why the first event for inspection is before starting.

Second Event: Always within the first 50 miles of beginning a delivery.  This is obvious too because it allows for the cargo and the straps to adjust and possibly slip, move, or slide.  Within 50 miles it may not be something catastrophic and the cargo may only begin to be slipping.  This is why the regulations require an inspection now because it allows for slip mistakes or slides to be corrected now.

Third Event: During a reexamination event which is whatever comes first:

  1. When the truck driver changes status from on shift to off shift, or off shift to on shift, all cargo must be checked.
  2. After the truck has been driven for three hours
  3. After the truck has been driver for more than 150 miles.

Injured by Unsecured Cargo Falling Off a Truck in New Mexico?  Call Us Today

Victims who are seriously injured may be entitled to compensation for their personal injuries.  This is particularly true if unsecured cargo falling off a truck in New Mexico caused catastrophic or fatal injuries.  If you or a loved one were seriously injured in an 18 wheeler wreck, please contact the Caruso Law Offices, P.C. to learn how we can help protect your rights to compensation today.  Call to schedule your FREE appointment by dialing (505) 883-5000.  

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico.  Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.

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