An overweight truck negligently loaded by a company may be attributed to careless inattention or intentional overload to expedite the delivery process to increase profits. The company that improperly loaded the cargo into the truck may be partially liable for an accident involving an overloaded truck. Trucking CompanyĪs the truck driver’s employer, the trucking company may be held partially liable for an accident stemming from an overloaded truck. The truck driver is ultimately responsible for monitoring the weight and the securement of their vehicle’s cargo. They are bound by the rules and regulations of the FMCSA and they have a duty to follow protocol to make sure their vehicle is safe to travel. Truck DriverĪ truck driver is held to particular standards as a professional driver. Unlike the average car accident, there could be various parties that may be liable for an accident as the result of the negligence of an overloaded truck. Damages: The victim suffered injuries or property damages as a result of the accident.Direct causation: The truck driver’s breach of duty caused or contributed to the accident.A breach of duty: The truck driver breached their duty by operating an overloaded truck.A duty of care: The truck driver owed a duty to the victim to not drive an overweight or overloaded truck.To have a viable personal injury claim of negligence, it must be proven that there was: It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances.” or doing something which a prudent and reasonable man would not do. According to the Law Dictionary, negligence is defined as: “The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. To prove who is responsible for your overloaded trucking accident, you will need to show that the other party is negligent. Who Is Liable for an Overloaded Truck Accident? If the truck driver or trucking company ignores these rules and regulations, then they may be liable for damages in the event of an accident. Truck drivers are professionally trained drivers who are required to abide by the regulations that were put into place by various experts as mentioned above, to keep everyone on the road safe. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) incorporates the skills of experts including scientists, data analysts, transportation and safety experts, and legal specialists to develop truck rules and regulations. There is a purpose to the regulation of trucks, and it takes a village to develop the regulations for a good reason. The disparity in weight between trucks and cars makes accidents between them especially dangerous and often catastrophic for the drivers and passengers involved. Pursuant to Title 23 § 658.17 of the Code of Federal Regulations, some trucks can weigh up to 80,000 pounds in comparison to the standard full-size car which weighs an average of 4,000 pounds. What are the Weight Regulations for a Commercial Truck? You will not owe us anything upfront, or out of pocket. Chat live, email us, or call us for a free case evaluation today. Further, we do not collect a fee unless we win your case. Our trucking accident attorneys are dedicated experts in aggressively pursuing the justice and compensation that our clients deserve. We have decades of experience winning cases against major transportation companies. The overloaded truck accident lawyers at Munley Law Personal Injury Attorneys have established a special focus on these unique types of cases.
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