The demand for trucking companies to deliver products faster and in larger amounts but also affordably has led to numerous accidents. If you are the victim, our Greenville overloaded truck accident lawyer will help you navigate your rights to compensation. Do not simply settle your claim without having an experienced Greenville truck accident lawyer from Shelly Leeke Law Firm by your side to maximize your compensation for those responsible.
The Risks of Overloading Trucks Cannot Be Overstated
It is not uncommon for trucking companies to put as much as possible onto trucks to maximize the cost-effectiveness of any trip. Yet, doing so creates incredible risks for the vehicle and, in some cases, for other drivers on the road with them. When a truck is overloaded, it creates several risks often that could have been avoided:
- Trucks with too much weight cannot stop as quickly as others, meaning they may rear-end other drivers.
- When heading downhill, the higher weight creates a much higher speed, which can lead to the truck moving out of control.
- The pressure from the weight on the tires can lead to them bursting, creating a sudden, often unpredictable level of damage.
- Shifting of the vehicle, especially in the rear, can be challenging, as can steering a truck that is much heavier than it should be.
- Cargo can fall out onto the roadway, striking other vehicles and creating road obstacles.
- The driver may be unable to control the truck, especially if inexperienced, putting everyone at risk.
In truck accidents, victims may be able to show that negligence took place if the vehicle was not loaded properly or was overloaded. Our personal injury lawyer in Greenville knows the laws and will help you pursue compensation for the losses you have. Do not let the insurance company take further advantage of you – contact us for immediate help.
Laws Are in Place to Limit Overloading Trucks
It is clearly understood that risks exist when trucks have too much weight loaded into them. It is well-documented that numerous laws have been put in place by the Federal Motor Carrier Safety Administration. As a driver sharing the road with these trucks, you should be able to expect the truck driver and company to meet these standards and laws.
Federal regulations limit the amount of weight that these trucks can tow based on the function, size, and features of the commercial motor vehicle. These weight restrictions include not just the truck itself but all equipment and flatbeds as well. Not abiding by these laws can cause a commercial truck driver to lose their license and companies to face fines.
Typically, commercial motor vehicles that transport cargo, like food products, have both weight and size restrictions. Most of the time, they cannot be longer than 53 feet and cannot be more than 13.5 feet in height and 8.5 feet wide. More so, they tend to have a maximum weight of 80,000 pounds.
There Are Exceptions and Differences in These Laws
There are situations where vehicles can carry more weight. Often, these laws require that a person receive a special permit for excessively heavy loads. Nevertheless, all laws are managed on an ongoing basis by the Federal Highway Administration, and, in some cases, states have additional laws that must be followed.
Determining Fault in an Overloaded Truck Accident in Greenville
When a truck is overloaded, one or more people are responsible for this since all trucking companies are required to properly weigh and manage the weight of these vehicles. Most trucks have embedded tools to help drivers understand their weight (and even if the load is uneven), as this improves not only safety but also efficiency. That means that truck drivers are often to blame.
There may be others who are also negligent in this type of case. The trucking company that employs the truck driver who knowingly allowed for this to occur could be at fault. Often, there is also a third-party organization that loads the truck, and they could be liable in this case as well.
With so many potentially responsible parties, it can be challenging in every situation for a person to know how to file a claim for losses and how to recover those losses. As your Greenville overloaded truck accident attorney, we will handle the investigation to determine who is to blame. We will be exhaustive in the process to ensure we fully understand what you are up against.
Types of Accidents that Occur When Trucks Are Overloaded
When a truck is driving down the highway next to you, you have no way of knowing if that vehicle is overloaded with weight or if it is operating under legal restrictions, and you should not have to worry about this. Yet, if you are involved in an accident with a truck, you should consider whether the weight of the truck has anything to do with it. These types of overload incidents can lead to a number of specific types of accidents:
- Tire blowouts and failures
- Rear-end accidents when a vehicle cannot stop quickly enough
- Jackknife accidents in which the vehicle creates a “V” shape, and often happen when it is out of control of the driver
- Rollover accidents in which the vehicle tumbles off the side of the road, rolling onto its side or further
- Blind spot accidents, including striking drivers who may be in those blind spots due to a lack of visuals
- Frontal collisions if the vehicle is out of control and slams into another oncoming vehicle
If you were hurt in a truck accident like this, seek immediate help from a trusted, experienced truck accident attorney. Proving that weight is a factor can be a challenge for multiple reasons, including the simple fact that you may not be easily informed that the truck was violating such laws. Let our overloaded truck accident lawyer in Greenville at Shelly Leeke Law Firm determine if this was a cause so we can help you get the compensation you are owed.
Common Injuries that Can Occur in Truck Accidents
When any of these incidents occur, it can lead to deadly consequences for anyone on the road with the truck driver. There is no simple and safe way to navigate the roadway with an overloaded truck – you will never know what could happen. The following are some of the most catastrophic injuries that often come from truck accidents like these:
- Traumatic brain injuries
- Serious burns if the vehicle catches on fire
- Crushing accidents lead to numerous broken bones and internal organ damage
- Spinal cord damage, including those that lead to paralysis
- Disfigurement injuries
- Deep lacerations with the risk of infection
- Amputations
- Emotional trauma
Each one of these types of injuries can create long-term losses for a person who was simply driving down the road. As trusted professionals, we recognize that putting a price tag on these injuries and the cost it has had on your life is not easy to do, but we will fight hard to get you the compensation you deserve. Discuss your case with our Greenville overloaded truck accident lawyer now.
Wrongful Death in Overloaded Truck Accidents
There are numerous instances in which the impact, angle, or overall weight of a truck accident can lead to the death of another person. When this happens, families are shattered, and surviving members are left behind to navigate these difficult circumstances, so a wrongful death claim might be the right path to take. In situations where your loved one was killed in a truck accident, connect with our team for immediate help. We can help you navigate the complexities of your case by assisting you in the following ways:
- Determine if you can file a claim for compensation for your personal needs, which is possible in situations where you were dependent on the other person financially.
- Estimate the value of the claim to cover final medical costs, funeral and burial costs, as well as pain and suffering.
- Determine who is at fault, including identifying all people and companies who could be responsible for this incident.
- Helping you to gather evidence to prove that the truck was overloaded and in violation of the law.
- Fight for full and comprehensive compensation for all losses to hold those responsible for the death of your family member fully accountable.
Truck accidents like these are avoidable in South Carolina. Someone knew they were putting too much weight into a truck and failed to keep other drivers safe. Let our dedicated truck accident attorneys work to prove that what happened to your family member was negligent and wrong.
Is Accidental Overloading of a Truck Possible?
While most of the time there is ample oversight in place to minimize the risk of overloading a truck (due to the heavy fines and high risks associated with it) there are instances when accidental overloading can occur. This could happen if there is a lack of communication or if the equipment failed to operate properly. With so many checks and rules in place, though, that does not excuse the incident or the people who are responsible for such losses.
What the At-Fault Truck Driver and Company Are Responsible for
When an accident occurs due to the poor management of the vehicle, overloading the truck, or equipment failures, the truck driver, truck company, and other organizations, including third-party loading companies, are responsible for the losses that occur. It is our job as your Greenville overloaded truck accident attorney to determine what those losses are. By working with us, we will help you determine:
- What medical bills you have in relation to the incident
- How this incident has impacted you and your overall quality of life
- Any implication on your ability to earn money
- Damage to relationships due to your new limitations
- Vehicle and other personal property damage
- Wage losses, as well as benefits, due to your injuries
- Emotional injury and trauma
You could be faced with many other risks and losses that impact your quality of life now and well into the future. Our overloaded truck accident attorneys will work closely with you to address these risks. Do not wait to contact us for the help you need to file a truck accident claim.
Gathering Evidence to Prove Negligence in Truck Overload Accidents
One of the core concepts that our attorneys must succeed at is proving that a truck was overloaded and that this is one of the factors that caused the accident. Truck accidents caused by drivers for any reason can be pursued, but understanding if someone, including a truck company, purposely put people at risk is on a different level. To prove this, we will gather evidence in every way possible, such as:
- Police reports and documentation from the scene
- The truck log that provides information about the load weight
- Investigations into the type of material the vehicle was carrying
- Any noted violations from the company in the past for similar problems
- Witness statements
- Expert analysis of the accident
- Accident recreation tools that show what occurred and how
Proving that a truck was overloaded is not always difficult. Often, a police officer reporting the incident will come to that conclusion. Other times, this information may not always be displayed, and that can lead to frustrating outcomes for accident victims.
Let Our Overloaded Truck Accident Attorneys Guide You
When you are faced with injuries from an accident like this, you deserve a highly qualified professional to help you. Trust our team to go to work for you. At the Shelly Leeke Law Firm, we bring what you need to the fight:
- Experience with fighting against trucking companies that put you at risk
- Proven results indicate we do not back down from a fight
- Outstanding service that you can see in our testimonials
This accident left you with significant loss. Let us fight to help you recover those losses. You deserve to have highly qualified professionals by your side throughout this fight.
Schedule a Free Consultation with Our Overloaded Truck Accident Attorney in Greenville Now
Meet with our Greenville overloaded truck accident lawyer at Shelly Leeke Law Firm to discuss your case privately. We offer free consultations and only charge you for our legal services if we win your case for you. Do not wait to set up a time to discuss your case with us – call our office now for the help you need.
