Overloaded trucks transport a weight of cargo or goods that exceeds the truck’s allowable weight limit. To guarantee road safety, each type of truck has a specific weight limit that’s determined by the manufacturer. This weight limit is legally enforced. When a truck like an 18-wheeler exceeds its weight limit, it becomes a safety hazard, leading to possible:
Overloaded truck accidents result in road damage and accidents. Overloaded trucks damage infrastructure, such as bridges and roads, which weren’t intended to withstand such heavy loads. Trucking companies are entrusted to ensure that their trucks comply with the weight restrictions. Overloaded trucks may exceed:
Gross vehicle weight. This means the total weight of a truck and its cargo exceed the maximum weight approved by law.
Axle overload. This happens when the weight on one or more of the truck’s axles exceeds the legal limit.
Dimensional overload. This happens when the length, height, or width of the truck exceeds the allowable limit.
Payload overload. This happens if the weight of the cargo alone exceeds the legal limit.
Due to a greater chance of brake failure and loss of control, overloaded truck accidents can be dangerous. Apart from trucking company negligence, overloaded truck accidents can occur for other reasons, including:
Lack of awareness. Drivers are unaware of their truck’s maximum weight limit or don’t understand how to determine the weight, resulting in unintentional overloading.
Intentional overloading. Some drivers deliberately overload their trucks in order to increase their profit margins.
Inadequate loading practices. Cargo isn’t distributed or secured correctly on the truck, resulting in uneven weight distribution during transportation.
Faulty weighing equipment. Weighing equipment that’s inaccurate or malfunctioning results in incorrect weight estimates and overloaded trucks.
Inadequate regulation and implementation. Overloaded trucks sometimes manage to get on the roads due to a weak regulatory structure and a lack of enforcement.
Economic pressures. The need to transport large quantities of products to satisfy rising demand, combined with a truck and driver shortage, may result in economic pressures that lead to overloading.
Liability for an overloaded truck accident is often complex. It comes down to the cause of the accident, the parties involved and the specific rules regulating the transportation of goods on the road. Some potentially liable parties include:
The truck driver
The trucking company
The shipper
Government agencies, since inadequate control or enforcement may have played a role
Why Do I Need an Overloaded Truck Accident Lawyer?
If you were involved in an overloaded trucking accident in New Jersey, find a reputable trucking accident attorney. Truck accidents can be complicated, so hiring an overloaded truck accident lawyer safeguards your legal rights while helping you obtain compensation. Your attorney navigates the complex legal process by examining all the details of the case. Hire experienced trucking accident lawyers for their:
Knowledge. Truck accident law can be complicated, involving both federal and state regulations, as well as a variety of liability issues. A truck accident attorney has the knowledge and experience to help you navigate these laws.
Investigation resources. A trucking accident lawyer has the means to conduct a comprehensive investigation, creating a compelling argument by speaking with witnesses, working with specialists, and gathering and protecting evidence. <Link to Preservation and Spoliation of Truck Accident Evidence>
Negotiation skills. They bargain with your insurance provider and other parties for a just settlement for you.
Litigation experience. To make sure you get the compensation you deserve, they argue your case persuasively.
Maximized compensation. Your lawyer obtains the highest compensation for your damages, including medical costs, lost wages, property harm, and pain and suffering.
If you were injured in an accident involving an overloaded truck, you may be entitled to recompense for your losses as a result of the trucking company’s or the truck driver’s negligence. Don’t attempt to fight this legal battle on your own. Your RAM Law attorney works to establish that overloading was the cause of the accident, including evidence such as:
Inspection of the truck. After the accident, the truck has to be examined to determine if it was overloaded. This may involve having the truck weighed.
Examination of records. Records, including bills of lading and weight tickets, may provide proof of the cargo’s weight and any loading errors.
Expert analysis. An expert witness in accident reconstruction and truck safety examines the accident and provides an analysis on whether overloading was a factor in the accident.
Investigation of the trucking company. The trucking company’s safety record, driver logs and maintenance records may contain proof of negligence or non-compliance with regulations.
Video evidence. Dashcam or surveillance video, if accessible, may provide visual evidence of the accident and how it occurred.
What Should I Do After an Overloaded Truck Accident?
While your instinct may be to approach or even accost the driver, remain calm. The steps to take immediately after your accident include:
Call the police. Report the accident immediately. Give the police accurate and comprehensive information about what happened.
Get medical attention. If you or anyone else involved in the collision are hurt, don’t delay medical care.
Exchange information. Get the truck driver’s contact and insurance details. Get witness information, if possible.
Don’t admit fault. Avoid admitting fault or apologizing for the accident, as this may be used against you in the future.
Document the scene. Take pictures and video of the accident scene, the damage and any injuries, if you’re able.
Contact a trucking accident lawyer. You need legal assistance with your case from a professional at RAM Law who knows what to do.
Follow up on medical treatment. Continue medical treatment that your doctor orders and keep a record of your medical expenditures.
Your eligibility for compensation relies on the particulars of the accident, the seriousness of your injuries, and the extent of your losses and damages. You may be entitled compensation for your:
Medical expenses
Lost wages
Property damage
Pain and suffering
Wrongful death, including funeral costs, financial support loss and companionship loss, if you lost a loved one
Truck Accident Lawyers at Rebenack, Aronow & Mascolo, L.L.P. Help Injured Clients Recover Compensation
The effects of an accident can linger long after the crash, especially if you suffer serious injuries. If a negligent driver has injured you, work with Rebenack, Aronow & Mascolo, L.L.P. Our skilled truck accident lawyers will help you put your life back on course. To schedule a free consultation, call us today at 732-247-3600 or complete our online form. Located in New Brunswick, Somerville, and Freehold, New Jersey, we serve clients in Middlesex County, Monmouth County, and Somerset County.