You may suffer an injury due to the fact that a truck driver overloaded their vehicle. If this happens, you may not be responsible for your injury-related expenses. A North Charleston truck accident lawyer may be able to help you file a claim for damages.
The Shelly Leeke Law Firm is a leading choice for legal help with personal injury claims in South Carolina. Our North Charleston overloaded truck accident lawyer is available to review your case. To get started, reach out to us.
Truck Weight Restrictions
At the Shelly Leeke Law Firm, we understand why trucking collisions happen. If you want legal guidance and advice as you decide whether to pursue a trucking crash claim, a personal injury lawyer in North Charleston may be able to help. For more information, contact us.
According to South Carolina Code §56-5-4140, a truck with five or more axles may have a gross weight up to 65,000 lbs. This regulation is in effect for trucks except those that travel on the interstate. There are also axle-spacing requirements for large vehicles.
If a vehicle combination has three axles, it may weigh up to 50,000 lbs. For a combination of four axles, the maximum weight capacity is 65,000 lbs. This total increases to 73,280 lbs. for a combination of five or more axles.
Federal and state trucking weight restrictions are in place to protect motorists and pedestrians. If a trucking driver or their employer violates any of these requirements, they may be held liable. For those who get hurt in a crash in which a trucker or their employer loads up a vehicle with too much cargo, a North Charleston overloaded truck accident attorney may be able to help you out.
Loading and Unloading a Truck
When it comes to loading and unloading a truck, safety is key. If a truck is too heavy, it may be prone to roll- or tip-over accidents. In either of these types of accidents, motorists or pedestrians may get hurt or killed.
It is the responsibility of a truck driver and their employer to secure any cargo. If a truck is traveling with lots of items in tow that are not properly secured, these may shift around while the vehicle is in transit. This may also cause an excess amount of weight to shift to one side of a truck during a turn, leading to an accident.
Overloaded Truck Accident Liability
The truck driver who is operating an overloaded vehicle or their employer may be held responsible for an accident. This driver may have ignored safety protocols, overloading their vehicle to the point where it became unsafe to operate. In addition, the driver’s employer may be accountable for not checking a vehicle’s load, failing to provide the operator with sufficient training, or for other reasons.
An overloaded truck accident attorney in North Charleston may ask you questions about your crash so they can identify who is responsible. They may also take the time to address frequently asked questions and others relating to truck collisions. If you decide to move forward with a claim, they may help you calculate your losses and request a reasonable amount.
You may be forced to deal with an at-fault party’s insurance company that is unwilling to pay out your damages. Regardless, your attorney advocates for you and protects your legal rights. They may do everything in their power to help you secure compensation from an at-fault party as quickly as possible.
Overloaded Truck Crash Statute of Limitations
There is a three-year statute of limitations for personal injury claims. You may have up to three years from the date of your trucking accident to seek damages. If you do not submit a claim within this window, you may be 100% responsible for your accident-related losses.
You may pursue economic and non-economic compensation. A judge or jury may give you economic compensation to cover your medical bills, damage to your car, and other quantifiable losses. They may offer non-economic compensation for pain, suffering, and other losses that are subjective.
Along with economic and non-economic compensation, you may be able to get punitive damages. These are provided to deter an at-fault party from committing negligent acts in the future. They may be awarded in conjunction with economic or non-economic compensation.
How to Prove Fault in an Overloaded Trucking Accident Case
The accident evidence you have may help you show an at-fault party was negligent and caused your trucking collision. You may use medical records, police reports, accident scene photos and videos, and other forms of proof to support your claim. When you build a body of evidence, you must be able to show the following elements of negligence were present at the time of your crash:
- Duty of Care: An at-fault party was legally obligated to act cautiously.
- Breach of Duty of Care: The party ignored their legal obligation, putting you in danger.
- Causation: Since the party violated their duty of care, they caused your trucking crash.
- Damages: You are dealing with economic or non-economic losses due to the party’s actions.
Just because you have a wealth of evidence does not guarantee you will be able to get damages after a trucking accident. The defendant, in your case, may commit time and resources to contest your argument and raise doubts about your level of involvement in the crash. If they succeed, you may not receive any compensation.
Comparative Negligence in an Overloaded Trucking Crash Case
Based on the South Carolina Contribution Among Tortfeasors Act, you may hold some level of responsibility for your trucking crash. Even though you may have had nothing to do with overloading a truck, you may have violated the law, which led to your collision.
Comparative negligence applies to injury claims in North Charleston. If you are found to be primarily at fault for your injury, you may not get compensation from any other parties. On the other hand, if you are up to 50% responsible, your damages may be reduced by your percentage of fault.
For example, a judge or jury may find you are 10% responsible for your accident. If this occurs, you may receive 90% of the damages you initially requested. Comparatively, if a judge or jury says you are 51% at fault, you may be ineligible for compensation.
File a Claim with an Overloaded Truck Accident Lawyer in North Charleston
The Shelly Leeke Law Firm has an outstanding reputation in personal injury cases. Our team may be able to help you with your trucking accident claim. To schedule a free consultation, contact us today.
