Trucks carrying too much weight put everyone they share the road with at risk. Trucks have a specific design that enables them to carry up to 80,000 pounds when fully loaded. If that figure creeps up, people are at risk.
At Shane Smith Law, you will find an overloaded truck accident lawyer in Charlotte with experience in handling these tough commercial accident cases. Request a free consultation from our trial-proven Charlotte truck accident lawyers. We have recovered over $100 million for our clients.
Why Overloaded Trucks Are Dangerous
Trucks driven at weights that exceed the law are at a much higher risk of causing a serious crash. If you are in an accident with a truck that is carrying too much cargo, the likelihood of serious and life-threatening injuries is much higher. There are several reasons for this:
- It takes longer for heavier trucks to stop. All semi-trucks need more stopping distance as it is. When a truck carries too much weight, it takes even longer for the driver to safely slow down and stop. Without enough space, such as in a sudden need to stop, crashes happen.
- Higher center of gravity concerns. Trucks have a higher center of gravity when they are overloaded. That means the trailers can be harder to manage and are more likely to cause a severe rollover crash. That higher center of gravity is an even greater risk factor on turns and ramps.
- Lack of design to support the heavier weight. An overloaded truck places excessive pressure and force on the brakes, tires, axles, and other components. They were not designed to handle that load, especially over longer distances. This makes it more likely that the truck will break down suddenly.
If you are in an accident involving a commercial tractor-trailer and believe the vehicle was overloaded, report it to the police at the scene and then again to our attorney. We will investigate, gather critical evidence to support your claims, and then seek legal action against those at fault.
Speak with an Charlotte overloaded truck accident lawyer, and get a free consultation today.
Call (980) 294-4931What Your Overloaded Truck Accident Case Is Worth
Victims have the right to pursue compensation for all damages they have. Our attorney handles this for you, minimizing the risk that you won’t recover all your actual losses. Some of the most common types of compensation in these accidents include:
- Medical expenses from the accident and through recovery
- Future medical needs and ongoing disability if you cannot go back to work
- Loss of wages and earnings from time missed
- Pain and suffering losses
- Mental anguish, including the onset of conditions like post-traumatic stress disorder and anxiety
In some cases, you may receive punitive damages for your losses as well, especially if we can prove the at-fault party acted in a malicious manner, putting your life on the line. That may be the case if the driver was under the influence of drugs or alcohol, or the trucking company intentionally overloaded trucks, recognizing the risks. Speak with our Charlotte personal injury lawyer today.
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It May Be Hard for You to Know the Truck Was Overweight
All truck accidents can cause serious injuries and fatalities, and that is amplified by overweight vehicles. However, it can be hard for you, as the victim in a crash, to know whether the driver and the trucking company broke the law.
Federal truck size and weight regulations (Compilation of Existing State Truck Size and Weight Limit Laws – Appendix A) depend on many factors, and state laws can change them. However, there are several ways your lawyer can help:
- Gathering truck logs. Your attorney will require the commercial trucking company to safeguard all evidence of the weight and actions of the truck from black box logs. This data provides clear insight into fault and responsibility.
- Utilizing expert testimony. Your attorney will also turn to local experts to ask them about the accident and cause. They may also use technology to demonstrate what occurred after the accident, based on the evidence at hand.
- Statements and investigations. Your attorney will seek statements from all parties involved in the accident as well as use police reports, photos, and other data from an investigation to determine if the driver was operating at a weight too high for the vehicle’s safe use.
- Documentation from numerous sources. Weigh station records may be sought to determine if the truck was overweight, including any available electronic toll data. Cargo manifests may also be helpful in capturing that critical information.
- Warning signs from eyewitnesses. There are situations where you may, or others may, report seeing warning signs of a dangerous situation, such as bulging tires, sagging suspension, and poor handling. The truck driver may state that they lost control of the vehicle at the time of the accident.
It is rarely simple for victims to know whether the truck weighed over 80,000 pounds or was a smaller vehicle. You don’t have to know that yet. Speak to our attorney about what happened to you and the extent of your injuries. We will then begin building your case by gathering data to support all potential causes.
Who Is At Fault in an Overloaded Truck Case
Identifying all parties responsible for a crash means we can seek claims against all liable parties. Expect our Charlotte overloaded truck accident attorney to determine who is responsible, such as:
- Truck drivers who knew the truck was improperly loaded
- Trucking companies that often are responsible for overloading trucks to maximize route efficiencies
- Cargo loading companies that knowingly failed to meet expected requirements
Proving each of these and potentially other parties are responsible for your losses takes careful consideration of the evidence available. Our team brings in a network of experts and technicians to prove your case and build an evidence-backed claim.
Discuss Your Case with Our Overloaded Truck Accident Attorney in Charlotte Now
Speak to the team at Shane Smith Law today to determine what your losses are and who should pay for them. Expect our legal team to begin immediately to preserve critical evidence and seek a resolution.
Request a free consultation with a Charlotte overloaded truck accident lawyer now. If we do not win your case, you pay us nothing.
