Overloaded trucks present serious safety risks. Hazards include increased stopping distances, reduced maneuverability, instability, and potential for mechanical failures. If a truck exceeds weight limits and is involved in an accident, the results can be devastating. When an overloaded truck crash occurs, victims need to understand the hazards and the legal implications.
Recovering fair compensation for damages after a large truck collision is crucial. An attorney helps individuals who have been injured in an overloaded truck accident. Navigating these types of personal injury claims alone can be challenging, but a knowledgeable Philadelphia truck accident lawyer can provide valuable support and insights.
What Is an Overloaded Truck?
Maximum gross vehicle weight and axle weight is subject to federal regulations. Under the law, a truck cannot exceed a total of 80,000 pounds without a special permit. Axle weight limits are 20,000 for a single axle and 34,000 pounds for a tandem axle. Therefore, even if a truck is not overloaded an axle may be overloaded.
The payload capacity, gross vehicle weight rating (GVWR), gross combined weight rating (GCWR), and gross axle weight rating (GAWR) may also be implicated.
- Payload Capacity: The payload capacity is the amount of weight that the vehicle can carry or tow.
- GVWR: The GVWR states how much a vehicle can safely carry or tow, including the weight of the vehicle itself.
- GCWR: The GCWR is the maximum weight of a vehicle, including any attached trailer. This is the weight of the vehicle, trailer, and cargo.
- GAWR: The GAWR is the maximum amount of weight an axle can support.
Trucks that are loaded in excess of the GVWR, GCWR, GAWR, and payload capacity are at increased risk of causing accidents.
Additionally, trucks may be overloaded based on state regulations. For instance, some roads may have weight limits that are lower than the federal limit.
Preventative Measures for Overloading
No matter who loads a trailer, it is the truck driver’s responsibility to ensure that the cargo is safely loaded. Drivers should check the weight of a load, cargo distribution, and securements before driving away.
As such, driver education and loader education are some key ways to prevent overloading. With proper training, drivers and loaders can correctly use the tools available and knowledgeably load cargo.
Properly securing loads can also be critical to preventing overloading. Unsecured loads can shift causing weight to move onto an axle, overloading it. Load sensors on some trucks and trailers can help to identify the weight of the load, weight on the axles, and if the load has shifted.
The Hazards of Overloaded Trucks
The hazards of overloaded trucks are numerous. If a truck exceeds the legal limits or the truck design weight ratings, it can have serious consequences.
Some hazards include:
- Tire blowouts
- Jackknifing
- Brake failure
- Reduced vehicle stability and rollover accidents
- Steering problems and maneuverability issues
- Suspension damage
- Reduced vehicle performance and fuel economy
- Increased stopping distance
- Road infrastructure damage
The impact of truck accidents on victims and their families can be severe. Public awareness of these hazards and practicing safe driving while driving near 18-wheelers can help reduce the risk of a crash.
Legal Consequences of Overloaded Trucks
Federal trucking regulations impose strict standards on trucks. These rules are intended to reduce the risk and severity of accidents and preserve highway and road infrastructures. Legal compliance is essential and it is the trucking company’s responsibility to comply with these rules and encourage driver safety.
Trucking companies that do not comply may be subject to overloading fines, increased insurance costs, and decreases to safety rating scores. If a driver has repeated weight violations, their CDL may be suspended. Moreover, if the overloaded truck was involved in a crash, the trucking company, truck driver, and loading company may be liable for injuries and damages.
Do I Need to Hire a Lawyer for an Overloaded Truck Accident?
Determining liability and proving negligence are critical to recovering fair compensation after a truck crash. Injury claims that arise from truck accidents can be complex. A thorough accident investigation, evidence collection, and an understanding of applicable law is essential to maximizing compensation.
Our experienced attorneys help by Dealing With Insurance Company After a Truck Accident, giving you peace of mind that your claim is handled and the space you need to recuperate. Contact The Law Offices of Greg Prosmushkin, P.C. now for a free consultation.