Overweight / Overloaded Trucks
Tractor-Trailer Accident Attorneys Representing Victims in Queens
The trucking industry is regulated at both the state and federal levels in order to maintain safety standards and ensure that the risk of injuries on the road is kept as low as possible. These regulations include stipulations pertaining to a driver’s activity, including the time that can be spent on the road without developing excessive fatigue, as well as the proper care to be taken for vehicles themselves. When a truck is over a certain weight, loaded with too much cargo, or loaded improperly, the potential for a serious accident is greatly increased. Queens truck accident lawyer Marc S. Albert helps people injured in a crash involving an overweight or overloaded truck determine what led to such a collision and who is responsible for their harm.
The aftermath of a collision can be a confusing time, and gathering evidence regarding which practices were or were not in place may become complicated. Marc S. Albert has more than 20 years of experience in assisting victims of trucking accidents, making sure that their rights are preserved and aggressively represented throughout the legal process. If you have been involved in a truck accident, or if you have lost a loved one in a fatal collision, contact our office today to learn more about your legal options.
Truck Industry Standards Regarding Weight Limits and Loading
Truck manufacturers issue a gross vehicle weight rating (GVWR) for each vehicle produced, which instructs drivers, or companies, as to which weight limit applies to each individual truck. Furthermore, federal regulations prohibit carrying more weight than the GVWR allows while traveling on interstate highways. Additionally, no truck can exceed a GVWR of 80,000 pounds. The following are some common dangers associated with an overweight or overloaded truck:
- If a truck needs to change its speed, extra weight affects its ability to brake properly, especially when traveling downhill. Trucks may also experience issues regarding increasing speed enough to drive uphill.
- Overweight or overloaded trucks are more susceptible to rolling over in the event of a collision or when traveling at certain speeds.
- Drivers may be unable to steer properly and have difficulty making turns or other maneuvers.
- Shifting of cargo is also more likely to occur when a truck is overloaded. Cargo shifts are a factor in 11 percent of truck crashes nationwide.
- Drivers who operate vehicles that are overweight are in violation of the law, and these drivers, as well as their employer companies, can be held accountable for the accidents and injuries that may result.
Liability for Accidents Caused by Overweight or Overloaded Trucks
Truck crashes can lead to catastrophic, life-altering injuries, like traumatic brain injuries, amputations, and spinal cord damage. When a driver overloads a truck, and that leads to a collision, that driver should be held liable. Operating an overloaded or overweight truck is an indication of negligence. Negligence occurs when one party breaches a duty of reasonable care owed to another party, causing injuries and resulting in damages. Driving a truck weighing above its GVWR would be considered an unreasonable action. Trucking companies that do not properly monitor their drivers, or even encourage overloading a vehicle, can also be held accountable for injuries caused by a driver’s negligence. Once your attorney proves liability, you may be awarded damages for your past and future medical expenses, loss of income, and diminished earning capacity, as well as compensation for your pain and suffering. Determining what a truck weighed at the time of an accident and whether that factored into causing the collision may be difficult. An experienced truck crash lawyer can make sure that the proper evidence is gathered and that the proper parties are pursued.
Discuss Your Options with a Truck Accident Lawyer in Queens
Truck accident injuries are often much more severe than those caused by other motor vehicle collisions. As victims face time missed from work and growing medical costs, they often need financial support to cover their expenses. Queens attorney Marc S. Albert is dedicated to making sure that the parties responsible for causing the harm are required to aid in covering the costs that result. The Law Offices of Marc S. Albert offers compassionate and seasoned legal representation to clients throughout New York City and Long Island from offices in Astoria and Syosset. If you have questions regarding your legal rights and options in the aftermath of a truck accident caused by an overweight truck, inadequate braking ability, a failure to check a blind spot, or another reason, contact our office at 855-252-3788 or online to speak with an attorney today.