Commercial trucks travel highways, bridges and local roads daily carrying goods, but the weight of the load can pose significant safety issues. If the truck is overloaded, it may cause extra stress on the tires, brakes, suspension, and other parts of the truck and make it harder to turn and stop. If you do collide, the impact can be extensive, with injury, property damage, regulatory fines and even liability issues being potential outcomes.
A Truck Accident Lawyer can explore if the weight of the cargo was excessive and if the driver or trucking company was involved in a collision, because it failed to uphold safety protocols or if the cargo was unloading, the loading crew failed to follow safety protocols. When it comes to these cases, they can’t be solved with just a look at the police report. Investigators might take a look at the information on weights, loading sheets, inspection reports, and evidence of how the truck was driven leading up to the collision.
Identifying Who May Be Legally Responsible
If the truck driver is not the sole driver of the truck, then liability for an overloaded truck accident cannot be presumed to fall on everyone transporting the cargo. The responsibility is based on the evidence, responsibilities of parties and the relationship between the violation and collision.
The potentially responsible parties can be:
Truck drivers: If the driver is aware that the truck is overloaded or the driver is not reacting appropriately to the unsafe condition, he or she could be liable.
Trucking companies: A trucking company may be liable for their negligent loading practices, poor inspections or decisions that could result in unsafe operations.
Cargo loaders: If a loading contractor overweighs the load or improperly distributes the load, they could be responsible for a crash.
Owners/maintenance companies: Other causes may be poor maintenance or problems with equipment.
Another party to the procedure, outside of the person undergoing the procedure, who may have been involved in a manner that rendered transportation unsafe may be examined (such as freight brokers or other businesses).
An in-depth investigation will include who was in charge of the loading; who had the knowledge of the truck’s weight; who was responsible and had the opportunity to correct an unsafe condition. When two or more parties take independent action leading to the same accident, all of their actions may be held to be responsible.
Understanding Regulatory Penalties and Civil Claims
A large number of passengers in your truck can have consequences beyond the injuries caused by a crash. Weight violations can result in fines, enforcement action, vehicle operating restrictions and/or other regulatory consequences based on the rules and circumstances.
A civil injury claim is a claim for a different legal issue—whether a party’s wrongful conduct caused another party harm. A weight violation can be used to create a prima facie case of a failure to meet a safety standard but doesn’t necessarily mean that all injuries sustained were caused. The fact that the violation and collision and the alleged damages are related is still important.
In a qualified personal injury claim, you can expect to receive the following:
- Costs of treatment and rehabilitation
- Forfeited income from work and loss of future income
- Where there is recoverable under any applicable law pain and suffering
- Property damage
- Make reasonable future needs for care practicable
The damages available will vary depending upon the facts, applicable law and the evidence in support of each claimed amount of damages. There may need to be a detailed assessment of immediate costs as well as the long-term consequences of serious crashes.
Evaluating Whether Overloading Caused or Worsened the Collision
A crash may result from a violation of a safety rule, but not all violations of a safety rule result in a particular crash. The first question that will be focal points of the investigation is how the person got injured in the collision and how that relates to their excessive weight.
A legal review could focus on how much extra weight caused the stopping distance to be longer, on whether the extra weight led to a tire failure, or whether this extra weight made the truck unstable or worsened the impact. Other factors such as speeding, distracted driving, poor maintenance, road conditions and what happened to others will be explored as well.
Sometimes, extra weight can be a factor in the first accident. For some, it may have compounded the effects of some other event. The ability to differentiate between these options helps to create a more accurate report of the incident and determine who might be responsible.
Frequently Asked Questions
Does a trucking company automatically assume responsibility for when its truck is overloaded?
No. Liability depends on the conduct of the company, if any, along with their legal responsibilities and if their actions played a part in the crash. Other parties may have other responsibilities as well.
Is it possible for a truck that is overweight to be fined without having been in any sort of crash?
Yes. Restrictions on weight, if applicable, can be enforced without trigger of collision. Penalties vary from jurisdiction to jurisdiction, violation to violation and based on any applicable permit.
How to determine if a commercial truck was over loaded?
A copy of scale ticket, loading records, a bill of lading, inspection records, and other received and reliable evidence can aid in establishing the weight and loading conditions of the truck.
Does any overweight violation necessarily mean that you are negligent?
Not necessarily. The result of a violation will be based on the law and the circumstances. In order to make a claim, a connection between the conduct and the injuries or losses must be established.
Conclusion
Commercial trucks that are overloaded can lead to serious safety hazards and legal and civil liability to the responsible parties. To determine liability, weight restrictions and loading, vehicle conditions, and circumstances of the collision must all be taken into account. The evidence would need to prove that there was excessive weight, as well as that the actions of specific individuals played a role in the harm.
The Tadchiev Law Firm can be a resource for those who have been injured in a commercial truck accident to have a conversation about the details of the accident and what legal action might be possible. A comprehensive analysis of the evidence can determine who is liable, what the safety issues are and what losses are covered by existing law.