Overloaded trucks can pose a significant hazard and cause accidents, resulting in catastrophic injuries and other damages. If you are in a truck accident involving overloaded trucks, you may file a claim to receive compensation for the damages. However, you must have sufficient evidence to prove that the truck’s violation caused the collision.
Read on to learn more about the dangers of overloading trucks and how to protect your legal rights in case you are involved in a collision with a truck.
What Is Truck Overloading and How Can It Cause Accidents?
Trucks typically have a specific cargo capacity. The act of filling a vehicle with volumes greater than it can safely carry is known as truck overloading. This could happen if the weight of the cargo exceeds the maximum payload capacity specified by the truck’s manufacturer or the relevant authorities.
Overloading a truck may pose safety risks, especially when sharing roads with smaller vehicles.
- Extended stopping distance: Overloaded trucks need more distance to stop entirely due to their weight. A truck failing to stop in time may lead to rear-end collisions.
- Tire blowouts: Carrying too much weight can strain the tires, potentially leading to blowouts. This may cause the truck driver and other drivers to lose control of the vehicle, especially while traveling at high speeds.
- Decreased ability to move: Overloaded trucks may find it more challenging to drive safely, particularly on narrow routes or around curves. This may increase the likelihood of rollover accidents and collisions with other vehicles.
Unfortunately, truck accidents may result in significant injuries and even death. According to the National Highway Traffic Safety Administration, 5,788 individuals died in traffic accidents involving heavy trucks in 2021. This represented a 17% rise from 4,945 in 2020.
Truck overloading endangers both the drivers and other road users. Trucking companies and drivers must adhere to weight limitations and regulations to ensure safe road operations.
What Does the California Law Say About Improper Truck Loading?
According to California Vehicle Code 35550-35796, the maximum overall weight limit for trucks is at 80,000 pounds. Additionally, single axles are allowed a maximum weight of 20,000 pounds, while tandem axles, equipped with tires with appropriate weight capacity ratings, are permitted up to 34,000 pounds. These regulations ensure road safety and prevent accidents caused by overloaded trucks.
Moreover, under California Vehicle Code 23114, driving a vehicle on the highway is illegal if it is not adequately covered, constructed, or loaded. Truck companies must secure all contents to prevent any spillage, dropping, leaking, blowing, sifting, or any other form of escape from the vehicle.
Failure to comply with the loading regulations may result in legal consequences, including fines and compensation for damages in the event of a truck accident.
Can I File a Claim for a Crash Involving an Overloaded Truck?
If you or a loved one is injured or killed in a truck accident, you can seek compensation from the responsible individual or company. This compensation can help cover expenses such as medical bills and lost wages resulting from the collision. Typically, the liable party’s insurance company will cover these losses.
However, to receive compensation, you must demonstrate that the truck driver’s actions directly caused the accident. When demonstrating negligence in a truck accident, you need to have evidence to prove the following elements:
- The driver was responsible for ensuring the safety of everyone.
- They failed to fulfill this duty.
- The breach resulted in an accident.
- The accident caused injuries and other damages.
Note that without compelling evidence of the truck driver’s negligence, you may forfeit your right to compensation. Therefore, it’s crucial to collect evidence at the accident scene, including:
- The driver’s information
- Photographs of the damage and the accident
- Witness statements
- Police report
Who Can Be Held Liable for a Truck Overloading Accident?
Overloading trucks enables businesses to transport more items in a single trip, reducing the number of trips required to complete orders. This can lead to cost savings on fuel, labor, and vehicle maintenance. Unfortunately, some companies overlook the risks associated with truck overloading to cut costs and increase revenue.
Generally, the trucking company can be held responsible for a truck collision resulting from overloading if they intentionally overload the truck, which leads to the accident. Remember that a truck can only load so much. When it is overloaded, such a vehicle can become unstable, potentially resulting in catastrophic accidents.
Likewise, if the trucking company neglects to adequately supervise its drivers and they unintentionally overload the vehicle, the company could still be held responsible for any resulting accidents.
While it is true that you can file a claim against a trucking company, fighting against such entities can be challenging, especially with their capacity to hire a robust legal team to counter your case. This is why it is crucial to hire a California truck accident lawyer to examine your claim’s facts and devise an effective legal strategy to defend your rights.
How Much Time Does It Take to Settle a Truck Accident Claim?
Depending on the complexity of the case, it could take months or even years to win a truck accident claim. You can settle a truck collision that causes property damage more quickly than one that results in fatalities.
In most cases, parties resolve accidents out of court through mediation or an out-of-court settlement. If there is sufficient credible evidence to convict the responsible party, mediation may result in a faster payment than pursuing a court case.
However, you can take your case to trial if the firm won’t settle. This procedure may take longer than mediation, but one benefit is that you can potentially obtain a higher settlement amount for your accident-related damages.
In both cases, you might need the assistance of an experienced California truck accident lawyer who can determine fair compensation and protect your legal rights in case of a court trial.
How the Best California Truck Accident Lawyer Can Maximize Your Payout
Since victims often have difficulty spotting and proving a truck company’s negligence, sufficient evidence is required to demonstrate its liability. What happens if you fail to secure proof at the scene due to your injuries from the truck collision?
A California truck accident lawyer can assist in building your claim by gathering the necessary evidence to prove the truck company’s negligence. They will also perform the following tasks to support your case:
Case Evaluation:
Assessing the specifics of your situation to determine the appropriate legal strategy.
Gathering Evidence
Collecting crucial evidence such as medical records, accident reports, witness statements, and relevant documentation.
Avoiding Legal Errors
Handling all legal procedures and paperwork correctly to prevent potential setbacks.
Negotiating Settlements
Working to reach a settlement that adequately compensates for injuries and damages.
Protecting Rights
Safeguarding your legal rights throughout the legal process, including protection against tactics used by insurance companies to minimize payouts.
The Law Offices of Larry H. Parker offers highly skilled personal injury attorneys with extensive experience in handling truck accident claims across Southern California. If you are in a truck accident, our expertise and track record in traffic crash claims demonstrate our commitment to defending our clients’ rights.
To explore the best legal options for your case, contact us at 800-333-0000 or schedule a complimentary consultation.
What Our Clients Say About Us
While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our personal injury lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.
“I have had the privilege of knowing the staff at Law Offices of Larry H Parker since 2007. I have found them to be sincere and tenacious in helping their clients recover the maximum damages from their accidents and injuries. I do know that Insurance companies fight The Law Offices of LHP to keep from paying out any damages.
Rest assured that the Law Offices of Larry H Parker will fight for you. They have experience for this. Every day, they fight for their clients to help them get justice. After all, they have over 10,000 satisfied clients who have benefited from Larry H. Parker’s representation.
Not all cases are created equal. The best you can do is to work with them in an open manner and get them all of the information they need to help you win your case. Give them a call. They are serious and tenacious, and they will fight for you.” -Search C.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we have addressed some of the most frequently asked concerns about road accidents.
- How Safe Are Big Rig Trucks?
- Top 5 Legal Challenges Of Commercial Truck Accident Claims
- 6 Things To Consider When Calculating Personal Injury Settlements
- Four Mistakes That Can Weaken Your Wrongful Death Case
Works Cited
“California Vehicle Code 23114.” Case Text.
“California Vehicle Code 35550-35796.” California Legislative Information.
“2021 Data: Large Trucks.” CrashStats – NHTSA. Accessed 3 May 2024.
“What is Mediation?” U.S. Department of Commerce. Accessed 3 May 2024.
