Overloaded trucks can pose hazards and cause accidents, resulting in catastrophic injuries and other damages. If you are involved 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 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 usually have a specific capacity when carrying cargo. The act of filling a vehicle with more significant volumes than it can safely take is known as truck overloading. This could happen if the weight of the cargo is more than the maximum payload capacity that the truck’s manufacturer or the relevant authorities have specified.
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 might strain the tires, resulting in blowouts. This may cause the truck driver and other drivers to lose control of the vehicle, particularly while traveling at a high speed.
- Decreased ability to move: Overloaded trucks may find it more challenging to drive safely, particularly on narrow routes or around curves. This may make rollover accidents and collisions with other cars more likely.
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 follow weight limitations and rules to ensure safe road operation.
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 set 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 are designed to 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. All contents must be secured 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, such as fines and compensation for damages in case the violation results in a truck accident.
Can I File a Claim for a Crash Due 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 everyone’s safety.
- 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 disregard the risks of truck overloading to cut costs and increase revenue.
Generally, the trucking company should be legally responsible for a truck collision due to overloading if they intentionally overload the truck and it resulted in the accident. Remember that a truck can only load so much, and if overloading such a vehicle causes its balance to be skewed, it can result 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 if they have the resources 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. A truck collision that causes property damage will be settled more quickly than one that results in fatalities.
Accidents can usually be settled out of court by mediation or an out-of-court settlement. If there is enough credible evidence to convict the responsible party, mediation could result in a faster payment than going to court.
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 get a higher settlement amount for your accident 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 a truck company’s negligence may not be easily seen and proved, sufficient evidence is needed 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: Ensuring all legal procedures and paperwork are correctly handled 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 injured in a truck accident, our expertise and track record in traffic crash claims demonstrate our commitment to defending our clients’ rights.
For a consultation to explore the best legal options for your case, contact us at 800-333-0000 or schedule a free 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 sincere and tenacious about 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 are experienced at this. Every day they fight for their clients to help them get justice. After all, they have over 10,000 satisfied clients who have received the benefit of having Larry H Parker fighting for them. 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 answered some of the most often-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.
