When a commercial truck is overloaded, the risk of a catastrophic accident increases significantly. Not to mention, this puts the lives of other motorists in jeopardy. If you have been injured in an overloaded truck accident, it is important to understand your legal rights and seek the guidance of a Walterboro overloaded truck accident lawyer.
At Shelly Leeke Law Firm, we understand the devastation and injuries that can occur after overloaded truck accidents. When you work with a Walterboro truck accident lawyer on our team, you can feel reassured by our no-win, no-fee guarantee and our track record of success. Our team is empathetic and will help you through each phase of the process.
Potential Liable Parties for an Overloaded Truck
When an overloaded truck causes an accident, multiple parties may be liable for damages and injuries, and a Walterboro personal injury lawyer can help you prove it. The truck driver is often the first party to be considered, as they are responsible for ensuring that their vehicle is not overloaded and that the cargo is properly secured. However, liability can also extend to the trucking company, as they are responsible for hiring qualified drivers, providing adequate training, and maintaining their fleet safely.
In some cases, the loading company or the entity responsible for loading the truck may also be held liable if they failed to follow proper loading procedures or knowingly overloaded the vehicle. If a defective truck part contributed to the accident, the manufacturer of that part may be held accountable. Identifying all potentially liable parties is crucial in ensuring that accident victims receive the full compensation they deserve.
Recognizing that South Carolina follows a modified comparative negligence rule is important. Under this rule, an injured individual can still obtain damages if they are deemed partially responsible for the accident, provided their share of fault does not exceed 51%. An attorney can help investigate the accident, identify all liable parties, and hopefully build a strong case to maximize the compensation you receive for your injuries and losses.
Weight Regulations for a Commercial Truck
The Federal Motor Carrier Safety Administration (FMCSA) has established strict weight limits for commercial trucks to ensure the safety of all road users. According to these regulations, the maximum gross vehicle weight for a single-axle truck is 20,000 pounds, while a tandem-axle truck can weigh up to 34,000 pounds. The total weight of a truck, including its cargo, cannot exceed 80,000 pounds without a special permit.
Trucking companies and drivers are responsible for adhering to these weight limits and properly distributing the load to maintain vehicle stability. Overloading a truck not only violates federal regulations but also compromises the truck’s ability to safely navigate the roads, increasing the likelihood of accidents. When these regulations are disregarded and an accident occurs, the negligent parties must be held accountable for their actions.
In South Carolina, commercial trucks must comply with these federal weight regulations to operate legally on the state’s roads and highways. Failure to adhere to these standards can result in significant fines, penalties, and liability in the event of an accident caused by an overloaded truck. If you have experienced injuries, you should work with an overloaded truck accident attorney in Walterboro to protect your rights.
Common Injuries When an Overloaded Truck Is Involved
Accidents involving overloaded trucks often result in severe and life-altering injuries. This is because of the size and weight of these vehicles. Some of the most common injuries associated with overloaded truck accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Severe burns and lacerations
These injuries can lead to extensive medical treatment, prolonged rehabilitation, and significant financial burdens for the victims and their families. In some cases, the injuries may be so severe that the victim is unable to return to work or enjoy the same quality of life they had before the accident. It is vital for accident victims to seek the compensation they need to cover their medical expenses, lost wages, and pain and suffering.
Frequent Types of Crashes When a Truck Has Too Much Weight
Overloaded trucks are more susceptible to certain types of crashes. This is typically because of their compromised maneuverability and increased stopping distances. Some of the most frequent types of crashes involving overloaded trucks include:
- Jackknife accidents
- Rollover accidents
- Tire blowouts
- Rear-end collisions
- Underride accidents
These accidents often occur when the truck driver is unable to control the vehicle because of the excessive weight. This usually leads to life-altering consequences for other motorists on the road. Truck drivers and trucking companies must prioritize safety and adhere to weight regulations to prevent these types of crashes from occurring.
How to Prove the Truck Was Overloaded
Proving that a truck was overloaded at the time of an accident can be a complex process, but it is needed when establishing liability and securing compensation for the victims. One of the most important pieces of evidence in these cases is the truck’s “black box” or electronic data recorder (EDR). The EDR records valuable information about the truck’s speed, braking, and other factors leading up to the accident, which can help determine if the truck was overloaded.
The truck’s weight tickets and loading documents can provide insight into the truck’s cargo and whether it exceeded the legal weight limits. Eyewitness testimony from other motorists or individuals who observed the loading process can also be valuable in establishing that the truck was overloaded. An overloaded truck accident lawyer in Walterboro will know how to gather and preserve this critical evidence to build a potentially strong case.
Expert testimony from accident reconstructionists and trucking industry professionals can be helpful in showing how the overloaded condition of the truck contributed to the accident. These experts can analyze the evidence and provide opinions on the truck’s stability and braking capabilities. They can also help establish a clear link between the overloaded truck and the resulting injuries and damages.
Take the First Step Today
Don’t hesitate to contact our office to schedule a free consultation with a Walterboro overloaded truck accident attorney. We will thoroughly review your case and help you figure out the best next step you should take. Let Shelly Leeke Law Firm fight for you while you recover from your injuries.
