Overloaded/Overweight Truck Accidents in VA Eastern Shore
Under federal law, the most a commercial truck traveling between states can weigh is 80,000 pounds, including the cab, the trailer, and everything inside. Unfortunately, despite this clear limit, many trucking companies and suppliers sometimes deliberately overload their trucks with more cargo than they can legally carry, creating a much greater risk than the person driving that truck will lose control of their vehicle and cause a wreck.
Overloaded and overweight truck accidents on the VA Eastern Shore often cause uniquely severe damage to those involved because of the immense amount of force produced by the tractor-trailer. Because of this, having a seasoned truck accident attorney’s help can be particularly important to effective civil recovery following an incident of this nature.
Who Is to Blame for Overloading a Commercial Truck?
Overweight truck accidents are one of the few types of crashes that often do not stem directly from negligence by the person driving the truck in question. While a truck driver could certainly increase the risk of a serious accident by speeding, making overly sharp turns, or otherwise acting in reckless or careless way behind the wheel, many times the main cause of overloaded truck crashes is excess weight the truck is carrying, and the loss of control that a driver may experience as a result.
Often, the decision to overload a tractor-trailer lies with the company that owns the truck. Whether to save time, money, or a combination of both, many trucking companies encourage their employees to flaunt federal trucking laws which could make that company liable.
In some cases, though, overweight truck accidents on the Eastern Shore stem from negligence by a supplier or loading company that inadvertently put too much cargo into a trailer or did not properly secure a heavy load prior to transit. Different defendants can make for different civil claims, so guidance from an experienced truck accident attorney can make a tremendous difference in a claimant’s chances of recovery.
In some cases, though, overweight truck accidents on the Eastern Shore may arise from the negligence of someone other than, and in addition to, the truck driver or truck owner. For example, loading or shipping company employees may improperly overload a trailer, or fail to safely secure a heavy load prior to transit. Legal responsibility for these unsafe and negligent acts may attach to more than one party. As a consequence, the injured party may be able to assert claims against multiple defendants, each of whom is insured with a different insurance policy. With more policies available to compensate the claimant, there is potentially a larger pool of monies available to compensate the claimant. Therefore, guidance from an experienced truck accident attorney may make a tremendous difference in the outcome of the case.
Recovering Compensation After an Overweight Truck Accident
A truck weighing up to 80,000 pounds moving at 65 mph on the highway has an enormous amount of kinetic energy capable of causing devastating harm to life and limb.
So when an overloaded commercial truck collides with a passenger car, the effects are often catastrophic for anyone involved. Comprehensive claims should account not just for short-term consequences, but also for long-term repercussions of the potentially permanent injuries these wrecks may cause. This may include financial losses like expenses for rehabilitative medical care to subjective forms of harm like loss of quality of life.
It is important to note that the statutory filing deadline set by the Code of Virginia §8.01-243 usually gives most (but not all) civil claimants two years within which to file a lawsuit for accidents occurring in Virginia. This rule means that injured parties on the VA Eastern Shore who have been involved in such accidents may have difficulties identifying all potential defendants, and determining the full extent of their injuries before the statute of limitations expires. Fortunately, assistance from skilled legal counsel could help an injured party with this challenge.
A VA Eastern Shore Attorney Could Help Following an Overloaded/Overweight Truck Accident
Trucking companies and suppliers who overload commercial trucks put their drivers and everyone else on the road at risk of life-altering harm.
Fortunately, these negligent actions can serve as grounds for extensive financial recovery, so long as you construct and effectively present a strong case for compensation.
These unlawful acts may provide grounds for just compensation that, sadly in some cases, amounts to substantial sums if substantial injuries have occurred. But all cases require a strong foundation of proper proof in order to succeed.
Building a successful claim after an incident like this often begins with retaining a capable truck accident lawyer. Call today to discuss your options after an overloaded/overweight truck accident on the VA Eastern Shore.