Lawyers

How Truck Accident Lawyers Handle Overloaded Truck Cases

How Truck Accident Lawyers Handle Overloaded Truck Cases

Truck accidents are among the most catastrophic incidents on our roads, often resulting in devastating injuries, significant property damage, and emotional trauma for victims. The sheer size and weight of commercial trucks amplify the risks, especially when negligence, such as overloading—is involved. Bakersfield, California, with its heavy truck traffic due to agriculture and goods transportation, is no stranger to these dangers. If you’ve been affected by a truck accident, visiting our website can provide essential resources and guidance during this challenging time. Bakersfield’s location along major trucking routes and its bustling economy make it a hotspot for commercial vehicle activity, creating unique safety challenges for drivers.

Understanding Who Is Liable for an Overloaded Truck Accident?

Truck drivers, trucking companies, and third-party cargo loaders must adhere to strict weight limits to ensure road safety. If a truck accident occurs due to excessive weight, multiple parties could be held responsible, including:

  • Truck Drivers – Responsible for ensuring their vehicle is not overloaded before beginning a trip.
  • Trucking Companies – Must enforce weight regulations and ensure compliance with safety standards.
  • Cargo Loaders – Third-party companies that load cargo must ensure the weight is evenly distributed and within legal limits.

Victims of overloaded truck accidents may seek compensation for:

  • Medical expenses
  • Lost wages due to injury
  • Pain and suffering

Causes of Overloaded Truck Accidents

Causes of Overloaded Truck Accidents

Overloading a commercial truck can lead to severe accidents due to the following factors:

CauseExplanation
Difficulty ManeuveringHeavy loads make turning and steering more challenging.
Tire BlowoutsExcessive weight increases pressure on tires, causing them to burst.
Braking FailuresOverloaded trucks require more time and distance to stop, increasing collision risks.
Mechanical FailuresExtra weight puts stress on truck components, leading to breakdowns.

Even responsible drivers may struggle to control an overloaded truck, increasing the risk of accidents.

Types of Overloaded Truck Accidents

Overloaded trucks can cause various types of accidents, including:

Type of AccidentDescription
RolloversHigh center of gravity increases the risk of tipping over.
Cargo SpillsUnsecured or excessive cargo can fall onto the road.
Road CollapseBridges or roads may fail under excessive weight.
Rear-End CollisionsIncreased stopping distance makes crashes more likely.
Tire Blowout CrashesSudden tire failure can lead to loss of control.

The Regulatory Environment Related to Overloaded Trucks 

Laws and regulations dictate the weight allowed for trucks, which attorneys need to understand to construct a strong legal argument. They frequently consult federal guidelines and state laws to determine if a truck’s load complies with the lyaw, enabling them to establish responsibility in legal proceedings. 

The Federal Highway Administration (FHWA) enforces weight limits for trucks traveling on the Interstate System:

Axle TypeMaximum Weight
Single Axle20,000 lbs
Tandem Axle34,000 lbs
Gross Weight Limit80,000 lbs

Certain trucks carrying indivisible loads may receive exemptions, but they must still comply with safety regulations. Additionally, the Federal Motor Carrier Safety Administration (FMCSA) mandates secure cargo loading to prevent shifting or falling loads.

Signs of an Overloaded Truck

Drivers can reduce their risk by watching for signs of overloaded trucks, such as:

Warning SignPotential Risk
Sagging RearExcess weight may cause the truck to droop.
Oversized CargoCargo extending beyond the truck’s dimensions.
Bulging TiresOverinflated or misshapen tires indicate excessive pressure.
Poor SteeringDriver struggling to control the truck.

If you spot an overloaded truck, maintain a safe distance and consider reporting it to authorities.

How Lawyers Prove an Overloaded Truck Caused an Accident

How Lawyers Prove an Overloaded Truck Caused an Accident

A truck accident lawyer can investigate the cause of the crash using various types of evidence:

Evidence TypePurpose
Cargo Manifests & Bills of LadingDocument the weight and type of cargo.
Witness StatementsTestimonies from trucking employees or bystanders.
Photo & Video EvidenceImages from traffic cameras or accident scenes.
Police ReportsOfficial documentation of cargo weight and conditions.

An experienced lawyer will tailor their approach based on the specific circumstances of the accident.

Difficulties Encountered by Attorneys Handling Truck Accidents

Dealing with situations involving trucks that are overloaded comes with its own set of difficulties that are quite unique in nature to handle properly and efficiently. One major obstacle that can be particularly challenging is getting hold of weight documents. Sometimes, trucking firms might tamper or get rid of these records to avoid responsibility and potential legal consequences. Legal professionals need to be skilled at combatting these strategies. They frequently turn to various forms of evidence, like accounts from witnesses, to support their arguments and establish validity. 

Reaching Agreements

Legal professionals often try to resolve conflicts without involving the court system whenever possible. It takes expertise and practice to reach a resolution through negotiation. Attorneys support their clients by emphasizing the impact of an accident in terms of damages. Their goal is to secure fair compensation that addresses medical bills and income loss, among other related expenses.

Determining Financial Liability

Multiple parties may be responsible for damages in an overloaded truck accident case:

Liable PartyResponsibility
Truck DriverIf they ignored weight regulations or failed inspections.
Trucking CompanyIf they failed to enforce legal weight limits.
Cargo LoadersIf improper loading contributed to the crash.
Vehicle ManufacturerIf mechanical failure due to design flaws caused the accident.

Victims typically file claims with the at-fault party’s insurance provider. However, insurance companies often attempt to minimize payouts, making legal representation essential.

The Function of Expert Witnesses

In cases like these, expert witnesses are crucial, as they offer knowledge that supports the lawyer’s point of view. Specialists from various areas, such as engineering and logistics, elaborate on the effects of overloading, which strengthens the credibility of the case. Their statements frequently play a role in influencing the court’s verdict.

Legal Deadlines for Filing a Truck Accident Claim

Legal Deadlines for Filing a Truck Accident Claim

Each state has a statute of limitations for filing truck accident claims. For example:

StateFiling Deadline
Colorado3 years from the accident date
Texas2 years from the accident date

Failing to file within the required time frame may result in losing your right to compensation.

Contact a Truck Accident Lawyer

Bakersfield Truck Accident Lawyer

If you’ve been injured due to an overloaded truck, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

The truck accident lawyers at The Po Law Firm are experienced in handling overloaded truck cases. Contact us today for a free case review to discuss your legal options.

Summary

Truck accident lawyers help victims of overloaded truck crashes by identifying liable parties, such as truck drivers, trucking companies, or cargo loaders. Overloaded trucks can lead to accidents due to difficulty maneuvering, braking failures, tire blowouts, and mechanical stress.

To prove negligence, attorneys gather evidence like cargo manifests, witness statements, video footage, and police reports. They ensure victims receive compensation for medical expenses, lost wages, and pain and suffering.

Federal regulations set weight limits for trucks, and violating these rules can make trucking companies legally accountable. Since each state has a deadline for filing claims, seeking legal assistance promptly is crucial. A skilled truck accident lawyer maximizes compensation and protects victims’ rights.

Ben Austin

About Ben Austin

Ben Austin is the founder and CEO of multi-award-winning digital marketing agency Absolute Digital Media. Ben loves to write and share exclusive insights into the world of digital marketing from his own eyes.

Leave a Reply

Your email address will not be published. Required fields are marked *