Mark A. Simon: Denver Personal Injury & Workers' Comp Attorney


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Mr. Simon meets with each of the firm’s clients at the beginning of every case, and formulates objectives and a workable plan tailored to the needs of each client. Mark is involved in all important decisions in every case, as well as the day to day details which are so important to the implementation of the plan and achievement of the objectives.

Mr. Simon is with his clients every step of the way through medical treatment and settlement. If the quest for justice requires it, further legal proceedings will be implemented. Mark practices in the Workers’ Compensation Courts, District Court and beyond. Mark will be there with you in every court proceeding. He has taken his client's cases all the way through the Court of Appeals and to the Colorado Supreme Court when necessary. If you would like to read about Mr. Simon’s appellate highlights, click on the link (past case summaries) below. Mr. Simon is also licensed to practice before Federal Courts up to and including the United States Supreme Court.

How A Truck’s Cargo Can Cause Lead to A Personal Injury in Denver


October 25, 2017

Truck accidents aren’t always the driver’s fault. In fact, many times truck accidents are caused by issues with the way the cargo was loaded. Here are some of the ways that improperly loaded cargo can lead to a personal injury in Denver:

Too Much Cargo

The weight of a truck cannot ever exceed certain limits put in place by the Federal Motor Carrier Safety Administration (FMCSA). The weight limit for each vehicle varies, but it is always printed on the vehicle identification plate so drivers and cargo loaders can easily reference it. Unfortunately, many people ignore these weight limits and overload the truck with cargo even though they know that doing so is a safety hazard. When too much cargo is packed into a truck, the vehicle could begin to experience mechanical failures. The additional weight could also make it very difficult for the driver to maintain control over the vehicle. As a result, catastrophic accidents could occur. Learn more about overweight/overloaded/improperly loaded trucks.

Unsecured Cargo

Accidents can still happen even when the truck’s weight does not exceed the legal limits. This often occurs when the company that loads the cargo onto the truck fails to secure it in place. If the cargo is not properly secured, it’s very likely that it will topple over and begin to slide around in the back of the truck. Not only does this create loud noises that could distract the driver, but it also affects the weight distribution of the cargo. If the weight of the cargo is not evenly distributed, the truck could flip over when the driver attempts to turn right or left.

That’s not the only way that unsecured cargo could lead to accidents. Cargo could easily fly off of the truck and collide with other vehicles on the road. This could lead to extensive property damage and serious injuries—all because someone failed to properly secure the cargo. Even if it doesn’t hit another vehicle when it flies off the truck, it will still land on the road, creating an obstacle that other drivers will have to swerve to avoid.

The persons that load the cargo on the truck are responsible for ensuring that it is secure. However, the truck driver is also required to check the cargo frequently throughout his trip to ensure nothing has come loose.

Improperly Loaded Cargo

Whoever is responsible for loading the cargo onto the truck must pay close attention to where it is placed. The weight of the cargo must be even on both sides of the truck, otherwise the driver will have trouble steering the vehicle. In fact, something as simple as a lane change could cause the driver to lose control of the vehicle and collide with another driver if the cargo is not evenly loaded on the back of the truck.

If you have been injured in a truck accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.
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