Overloaded And Improperly Loaded Trucks

What is an overloaded truck?

All vehicles, whether it be a car, truck, or semi must adhere to gross combined weight ratings, or the maximum allowable weight a truck and trailer combination can carry. Vehicle features, including the axle system, suspension, tires, and brakes, all contribute to this maximum weight rating. 

If a truck goes over this maximum weight, it can pose a significant hazard to the driver and other motorists on the roadway. Improperly loading a truck by stacking the cargo heavier on one side of the trailer or not securing cargo properly can also cause an accident resulting in serious injury or death. 

What happens if you overload a truck?

When a truck does not follow weight guidelines, it can pose a hazard to drivers and others on the roadways. Overloading a truck can increase this danger exponentially. Risks of truck overloading include:

• A driver is unable to execute common actions like turning, braking, and changing lanes
• The heavier the truck is, the greater the force of impact it will have. In the event of an accident, victims can suffer catastrophic injuries due to an overloaded truck. 
• Overloaded trucks that keep the cargo concealed on a flatbed can put strain on strapping equipment. In the event strapping equipment fails, this could cause cargo to fall off the truck bed, causing injury to nearby motorists. 
• Improperly loaded trucks can cause cargo to become loose and fall off the truck, posing a severe hazard for nearby motorists
• Overloading a truck brings with it criminal and civil consequences, as it is illegal for a commercial vehicle to go over the outlined weight limits
• Overloaded gravel trucks can cause gravel damage to vehicles behind the semi-truck

Federal law on overloading trucks

Under the guidance of the Federal Highway Administration Freight Management and Operations Department, the weight limit for commercial trucks is 80,000 pounds. 

The way the weight is distributed along the truck is just as important as well. Not adhering to total and axle weight limitations will increase the risk of an accident and severe injury.

Following federal guidelines is the best way to minimize and even prevent accidents caused by overloaded trucks.

Signs of an overloaded truck

Without going to a weigh station, it might be difficult to tell if a truck is overloaded. There are important signs that can indicate a truck is overloaded, and knowing these signs can help prevent an accident.

• A truck bed that is sagging in the rear end of the truck
• Tires bulging in the middle or resting in an abnormal manner
• Uneven tire wear if more weight is distributed on one side or the other 
• Strain on a vehicle’s suspension
• Visibly bent or broken parts or squeaking noises coming from the suspension system

Who is responsible if a truck is overloaded?

An overloaded truck may be traced back to several liable parties. This is because there are usually many parties involved in the chain of custody related to trucking. 

The first party that typically faces blame is the driver. This is because a driver is responsible for making sure their truck does not go over its weight capacity. If a driver visits a weigh station and their truck is above weight, it’s their responsibility to reduce the weight for safe travel. Typically, this is done before they leave the facility where they’re loading their cargo. 

Trucking companies can also be held liable for excessive weight loads that lead to an accident. Trucking companies are responsible for maintaining the safety of operations including hiring experienced truck drivers, providing up-to-date safety training, and scheduling inspection and maintenance services. 

In certain circumstances, third parties — including truck safety program trainers and mechanics — may also be held liable. This is assuming the trucking company contracted out these services and entrusted the third party to keep in line with current laws and safety guidelines. 

I have suffered injuries caused by an overloaded truck, now what?

A car accident involving an overloaded truck or objects left on the road from an overloaded truck is more complex and brings with it many layers compared to an accident involving your typical commuter vehicle. 

The damage from an overloaded truck can be severe, resulting in catastrophic injuries or the wrongful death of a loved one. Turn to the experienced truck accident attorneys at Adam S. Kutner, Injury Attorneys, to receive comprehensive legal representation. Our team will work diligently to help you do the following: 

• Recover critical evidence in your case
• Speak with local authorities and involved parties, and investigate all aspects of your case
• Determine responsible parties
• Establish negligence
• Negotiate with insurance companies and other legal parties

Work with an experienced truck accident attorney

When you work with the best trucking accident lawyer in Henderson, NV, you can look forward to comprehensive legal representation. Work with a Henderson truck accident attorney who is committed to helping you recover the compensation you and your loved one deserve after an accident involving an overloaded truck.