Block Retaining Wall Cracks Caused by Lull Forklift Driven/Parked Very Near It

We have a 40+ year old rental home in south central New Mexico. One morning, I noticed a large Lull forklift illegally parked adjacent to our North block retaining wall on the sidewalk adjacent to the wall about 2 feet from the wall. I also noticed that opposite to where each of the Lull wheels rested on the ground the wall is severely cracked just above the sidewalk. I had inspected the area two days earlier for weeds and debris and there was no wall cracking at that time and no rain in between. And there is no wall cracking between the cracked areas or on either side of the cracked areas. Later measurements by me indicate that the sidewalk was sunken in about a 1/2" where the Lull tires rested. My tests also indicate that the inner edge of the sidewalk rests on the outer edge of the wall's foundation. I do not know if the wall's foundation is damaged. I assume the wall has rebar in it but I am not absolutely sure.
The land where the Lull was parked is pitched about 5 degrees up to the wall. I estimate that the weight of the Lull to be about 8,000 lbs (actual weight??), and that the shear force into the wall was therefore about 700 lbs (8000 x sin[5 deg.]) plus there was likely considerably greater downward force on the wall's foundation. It is clear to me that the Lull cracked the wall. However, the insurance company of the Lull owner (a contractor building a clinic adjacent to our property) has refused to pay, claiming that the wall is "old" and probably has a "defective foundation." Because of this refusal, we will probably have to litigate this matter.
I have done some relevant Internet research with limited results. I need to obtain definitive information on: (A) Government and industry safe distance standards, regulations, etc. for driving and parking heavy construction vehicles near walls and buildings. (B) Specific Lull operating manual and other Lull documentation that addresses this safety issue. (C) Websites, books, specific periodicals, etc. which addresses these issues.
I am an older Disabled Veteran who knows little about repairing block walls, so if you know someone reliable and modestly-priced contractor in the south-central New Mexico area who can inspect my wall and/or give me an estimate for free or low-cost, please also let me know. Also, if you know of a reliable structural engineer in this area who can evaluate the situation, please let me know. Please respond. I need all the help I can get. Thanks. John J. Williams snipped-for-privacy@jjwill.com
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I'm inclined to agree with you. You may want to take a measurement of the distance on the cracks, then measure the distance on the wheels of hte forklift truck. My guess is they are the same or nearly so. The weight is about right as a small forklift is 6k+
Biggest problem is the cost of getting sensible testimony in court and the cost of litigation. There may also be some ordinance about parking vehicles on the sidewalk that can help you.
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Thanks very much for your input. Please see: www.jjwill.com/DamagedWall.htm for photos. If you have any trouble or any comments, suggestions or insights, please email me at: snipped-for-privacy@jjwill.com
Unfortunately, if there is no obvious above-ground physical contact between two objects, it is harder to prove that one damaged the other. However, lawsuits are based on the preponderance of the evidence.
John
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