Trucking companies often pack their commercial trucks to the max in the hopes of increasing profits. Unfortunately, not only is this a violation of Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, but overloaded trucks have been known to cause devastating collisions. If you have suffered critical injuries due to an overloaded truck wreck, you may have grounds for legal action against the trucking company and other liable parties.
While the claims process may be intimidating, when you have a highly skilled Beaufort overloaded truck accident lawyer from Shelly Leeke Law Firm advocating for your rights, you can breathe easier. A reputable Beaufort truck accident lawyer from our firm can review the circumstances of your case, identify the at-fault party, and do everything possible to bring them to justice. Discuss your legal options for financial relief further when you contact our legal team to request a free consultation.
Commercial Trucking Accidents Cost Victims Billions of Dollars in Damages
There was a 14.8% increase in motor vehicle accidents from 2020 to 2021. Collectively, all motor vehicle accidents across the state cost injury victims over $5 billion in economic damages. This does not include the value of non-economic damages which often have a considerable impact on the victim’s lives and which a personal injury lawyer in Beaufort can help you fight for.
South Carolina has over 1,800 commercial motor vehicle truck drivers. According to the most recently available data from the South Carolina Commercial Motor Vehicle Truck Collision Fact Book, they account for approximately 54.45% of all motorists involved in collisions in 2021. There were a total of 3,187 commercial motor vehicle accidents that year.
142 of these collisions were fatal, 164 people were killed, and there were 1,485 reports of property damage. There were also a combined 3,925 injuries. 498 of these collisions were caused by a loss of cargo or trailer shift, while 4,635 involved an overturn accident or rollover.
When Commercial Trucks Are Overloaded
According to FMCSA rules and regulations under 6.2.1 CMV Groups (383.91), commercial trucks cannot exceed specific weight limits. When tractor-trailers are overloaded, the risk of injury and death dramatically increases. Unfortunately, far too many parties involved in the maintenance, safety, and operation of big rigs prioritize profits and put the public at risk.
Truck Driver Recklessness
Commercial truck drivers are held to a higher standard of care, according to FMCSA standards. Your overloaded truck accident lawyer in Beaufort from Shelly Leeke Law Firm will carefully investigate to determine whether the truck driver in your case shares liability. If they fail to inspect the truck prior to hitting the road or make a report when commercial trucks are over the weight limit, they may be held accountable for your injuries or damages.
Irresponsible Cargo Loaders
It is not unusual for cargo loaders to be incentivized to pack big rigs as full as possible. Completely ignoring FMCSA weight limit regulations and allowing overloaded trucks to make their way to some of the busiest roadways across the state and country could be considered negligence. Cargo loaders, their supervisors and employers, and other relevant parties could all share the blame.
Profit-Driven Trucking Companies
Trucking companies are responsible for the truck drivers and cargo loaders they hire. Trucking companies that fail to do their due diligence before bringing on staff may share the blame when overloaded truck accidents cause injuries and death. Trucking companies can also be held accountable when they encourage or force truckers or cargo loaders to violate FMCSA weight limit requirements to further their financial goals.
Maximizing Your Payout After an Overloaded Truck Accident in Beaufort
Your overloaded truck accident attorney in Beaufort will be responsible for accounting for every loss. You should be fully repaid for your damages, including the value of your economic and non-economic losses. Some examples of potentially recoverable damages following an overloaded truck accident include:
- Loss of health insurance from your employer
- Loss of wages, tips, and income
- Reduced quality of life
- Loss of love, companionship, and support
- Excruciating physical pain and suffering
- Permanent disability and disfigurement
- Embarrassing skin scars
- Expensive property damages and rental car costs
- Existing and future healthcare expenses related to your truck accident injuries
- Mental anguish, psychological trauma, and emotional distress
Overloaded truck accident claims may also warrant punitive damages under the South Carolina Noneconomic Damage Awards Act. If this is the case, your settlement could dramatically increase. However, it is important to keep in mind that punitive damages are not a loss you are entitled to and are instead awarded to punish liable parties for reprehensible conduct.
You Only Have Three Years to File Suit
South Carolina personal injury laws are strict. According to the South Carolina Code of Laws §15-3-530, the statute of limitations for commercial truck accident and injury claims is just three years. When considering how long you have to file a lawsuit after a truck accident, it may be in your best interests to file as soon as possible.
If you do, and the statute of limitations passes, or there is not enough time to build a compelling case against the liable party, you may lose your opportunity to pursue your case at trial. Even if the judge is sympathetic to the trauma you endured, missing this deadline could result in being barred from pursuing compensation through a civil trial. Fortunately, when you have an overloaded truck accident attorney on your side, you do not need to worry.
Extenuating circumstances may allow the statute of limitations to toll. This means it will temporarily pause. The amount of time the statute of limitations will toll depends on the specific circumstances of your case.
Meet with a Highly Experienced Beaufort Overloaded Truck Accident Attorney Today
Truck accident injuries can permanently alter the course of your life. However, that does not mean you should let this collision define you. Take control of your life and start rebuilding.
Turn to a compassionate and knowledgeable Beaufort overloaded truck accident attorney from Shelly Leeke Law Firm when you need legal guidance you can rely on. Have our team conduct an intensive investigation and build the strongest case possible against the liable party. Start working on your personal injury lawsuit and insurance claims as soon as today by calling our office or completing our online contact form to schedule your free, no-obligation consultation.
