Trucks are a prominent part of today’s roads, whether in urban areas, highways, country roads, or even in some residential areas. Even the most cautious driver can cause serious injury if they do not properly load the vehicle, which is why a Columbia truck accident lawyer can help. Our Columbia overloaded truck accident lawyer at the Shelly Leeke Law Firm has experience helping clients obtain compensation for all of their losses in situations like this.
Know the Dangers of Overloaded Trucks
Truck manufacturers developed these vehicles to transport large amounts of goods that could weigh thousands of pounds. Yet, there are many risks to doing this, whether it is overloaded with too much weight or loaded improperly. The dangers of overloaded trucks include:
- Difficulty with steering
- Lack of maneuverability, especially in fast-changing situations like on highways
- Braking is difficult, especially at high speeds
- Acceleration takes longer, which can often mean that trucks do not have enough time to ramp up to speed
- Stopping distances are much longer, and many truck drivers may not stop fast enough
When trucks carry too much weight, each of these factors can lead to an accident. Even an experienced truck driver cannot estimate the stopping distance of a truck accurately in these situations. More so, fast-moving vehicles need far more handling and care, especially when they are too heavy.
Our Columbia personal injury lawyers are ready to go to work for you.
Truck Accidents Create Injuries
When a truck is overloaded in weight, it cannot operate within the guidelines set by the manufacturer. It also may be outside of the boundaries of weight limits set by the government. This often leads to numerous failures that our overloaded truck accident lawyer in Columbia sees:
- Tire blowouts
- Snapping axles
- Steering becomes hampered or eliminated
- Brakes may fail
- The truck may rollover
This creates an injury for anyone on that truck or driving near it. This could include the trailer coming off that truck, debris striking another driver, or even the truck rolling over the side of a highway on a bridge onto a car below.
Know the Laws on Truck Accident Weight
The U.S. Department of Transportation Federal Highway Administration has very specific weight limit rules in place to minimize risks of too-heavy trucks on the roadways. Additionally, there are state laws in place that aim to further minimize these risks. In South Carolina, these laws go further than federal requirements with the following weight limits assigned based on the size of the vehicle:
- Single axle trucks: 10,000 pounds per wheel or 20,000 pounds on interstate highways
- Tandem axle trucks: 35,200 pounds on all highways if the gross axle weight rating (GAWR) is 75,185 pounds or less or 36,000 pounds on any non-interstate highway
- Gross weight restrictions: 73,280 pounds on non-interstate highways and 80,000 pounds on interstate highways
There are some limitations and exclusions to this. However, any type of heavy truck must meet very specific standards because of the dangers they create. If you were hurt by such a truck, you need an experienced overloaded truck accident attorney in Columbia from the Shelly Leeke Law Firm to guide you.
How to Know if a Truck Was Overloaded in Weight
One of the first steps individuals must take if they believe a truck was overloaded and why an accident occurred is to gather evidence. We work with clients facing all types of truck accidents to uncover the reason for that incident. It may be obvious that the truck was overloaded for several reasons:
- The truck driver tried to stop but could not do so, even though they should have been able to do so.
- The truck’s load at the time of the incident is measured or estimated by the police and found to be excessive.
- Later evidence development reveals the truck was overweight.
- The damage to the truck reveals it was likely overloaded, such as axle failures.
- There was evidence that the truck driver had trouble controlling the vehicle prior to the incident.
In many situations, there will be evidence at the scene, such as suspension springs that are compressed or the truck looks overloaded. If that does not appear obvious, our truck accident attorneys will work closely with you to find any evidence that can offer insight into this. Then, we go to work to fight for your losses.
Common Losses in a Truck Driving Accident
Trucking accidents like this can create numerous losses for victims depending on how the incident occurs, where a person is struck, and the type of force involved. Many times, these are fatal accidents. Other times, our clients have suffered severe losses from catastrophic injuries, including:
- Traumatic brain injury
- Paralysis from spinal cord damage
- Fractured or shattered bones
- Disfigurement
- Amputation
- Burns
- Back and neck pain
- Emotional trauma
If you were involved in an overloaded truck accident of any type in Columbia, we highly encourage you not to settle with the insurance company until you speak to a catastrophic injury lawyer in Columbia. Let us help you determine the value of all of your losses. You may be owed something for what occurred to you, and we want to maximize that claim. If your family member lost their life, we strongly encourage you to work with our wrongful death attorney to pursue full and fair compensation.
Proving Who Is at Fault
To pursue financial compensation in a case like this, you have to determine fault. Proving this can be challenging in situations where the evidence is not clear. Some examples of those who may be responsible include:
- Truck drivers
- Trucking company owners and managers
- A third-party company that loaded the truck
- Maintenance crews who failed to find damage
- Manufacturers who designed a dangerous vehicle
In these situations, truck accident lawyers in Columbia will help you gather evidence to prove your case, such as whether the truck driver followed the rules regarding rest breaks. We may recommend pursuing more than one party if multiple people or companies are responsible. Our experience can help you to determine who you should seek out compensation from and why.
Set Up a Free Consultation with Our Columbia Overloaded Truck Accident Attorney
Put the Shelly Leeke Law Firm to work for you in your truck accident. Our highly experienced Columbia overloaded truck accident lawyer knows how to protect your rights and fight for compensation. Call us for a no-risk consultation.
