If you suffered serious injuries in a collision caused by an overloaded truck, you may be entitled to financial compensation for your damages.
By working with a skilled Summerville overloaded truck accident lawyer, you can hold the responsible party accountable and fight for the justice you deserve. With over 10 years of trial experience, your dedicated Summerville truck accident lawyer with Shelly Leeke Law Firm is here to provide the legal support you need.
Exploring Liability for Your Overloaded Truck Accident
Overloaded truck accidents can involve multiple parties sharing responsibility for the crash and the resulting injuries.
Determining liability typically requires a detailed investigation into how the truck became overloaded and whether federal regulations were violated. Identifying all liable parties is critical to building a powerful claim and recovering maximum compensation for your damages. This is where a Summerville personal injury lawyer can help.
Cargo Loaders
Cargo loaders may share liability for an overloaded truck accident if they fail to load the truck safely or within federal weight limits. The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations for truck weight, requiring that the total weight of a vehicle, including its cargo, not exceed 80,000 pounds per 49 CFR § 658.17. If loaders exceed this limit or improperly distribute the cargo, the truck can become unstable and dangerous to operate.
Improper loading can cause a truck to tip over, jackknife, or lose its cargo on the road, putting everyone around it at risk. Cargo loaders are responsible for following FMCSA regulations and ensuring that trucks are loaded evenly and securely. We are prepared to investigate loading practices, weight records, and compliance with federal regulations to determine whether the cargo loader contributed to your accident.
Truck Drivers
Truck drivers may also share liability for overloaded truck accidents if they fail to recognize and address unsafe conditions before driving. Drivers are responsible for inspecting their vehicles and ensuring they are safe to operate under the conditions outlined by FMCSA regulations. A dedicated Summerville overloaded truck accident lawyer can evaluate your case to determine whether the driver’s negligence contributed to your injuries. Signs a truck driver should have noticed that would indicate an overloaded truck include:
- Difficulty steering due to excessive weight causing poor vehicle handling.
- Longer stopping distances because the brakes are strained under a heavy load.
- Increased tire wear from carrying more weight than the tires are designed to handle.
- Sagging suspension as the weight of the cargo exceeds the truck’s capacity.
- Unbalanced loads that cause the trailer to tilt or sway while in motion.
Trucking Companies
Trucking companies can share liability for overloaded truck accidents if they encourage unsafe practices or fail to enforce safety regulations. Companies are responsible for training their drivers, maintaining vehicles, and ensuring compliance with FMCSA standards for cargo weight and securement. When trucking companies prioritize profits over safety, they put everyone on the road at risk.
Common Types of Overloaded Truck Accidents
Overloaded truck accidents can occur in countless ways. Your lawyer will carefully evaluate the circumstances of your accident to identify which parties are responsible for causing the collision. Some of the most common types of overloaded truck accidents include:
- Sideswipe accidents
- Underride accidents
- Jackknife accidents
- Rollover accidents
- Rear-end collisions
- Tire blowouts
- Brake failure crashes
- Tipping accidents
- Wide-turn accidents
- Cargo spills
- Head-on collisions
- Multi-vehicle pileups
Building a strong case for an overloaded truck accident requires a thorough investigation to gather compelling evidence. In South Carolina, the burden of proof in personal injury claims is based on a preponderance of the evidence, as outlined in S.C. Code Ann. § 15-33-135. This means that we must show it is more likely than not that the responsible parties caused your accident.
What to Expect From the Overloaded Truck Accident Claims Process
Overloaded truck accident claims share similarities with traditional truck accident cases and civil lawsuits, but understanding the claims process can help you feel more confident as your case progresses.
These claims often involve multiple parties and complex evidence, making it essential to know what to expect at each stage. Your Summerville overloaded truck accident attorney from Shelly Leeke Law Firm can guide you through the process to help you pursue the compensation you deserve.
We Open an Investigation Into the Cause of Your Overloaded Truck Accident
The claims process begins with a thorough investigation into how your overloaded truck accident occurred. Determining the cause is critical for establishing liability and identifying all parties responsible for your injuries. Evidence that can help establish liability in an overloaded truck accident claim includes:
- Truck weight records to determine whether federal or state weight limits were exceeded.
- Driver logs that show the driver’s inspection reports or hours of service leading up to the crash.
- Cargo documentation that outlines how the load was secured and distributed.
- Maintenance records to confirm whether the truck was in proper working condition.
We Review Your Damages to Calculate the Value of Your Claim
We carefully review the extent of your damages to determine the full value of your claim. This includes evaluating both your economic damages, such as medical expenses and lost wages, and your non-economic damages, such as pain and suffering. By thoroughly assessing your losses, our team can protect you from being taken advantage of by insurers who may undervalue your claim.
We Take Advantage of Every Opportunity for Legal Recourse
Maximizing your financial compensation often requires exploring every legal option available to you. This may involve filing an insurance claim, pursuing a lawsuit against multiple liable parties, or negotiating settlements with third parties involved in the accident. While going to court may seem intimidating, it is often one of the most effective ways to secure the compensation you are entitled to.
Consult a Trial-Tested Overloaded Truck Accident Attorney in Summerville for Help Today
If your overloaded truck accident injuries have turned your life upside down, seeking experienced legal support may be the best way to protect your future. Your compassionate overloaded truck accident lawyer in Summerville from Shelly Leeke Law Firm is ready to handle the complexities of your case and pursue the compensation you are entitled to.
Call our office today or complete our secure online contact form to schedule your free, no–obligation consultation.
