Who’s Liable When a Truck Accident Occurs Due to Overloading?
With the increase in demand for goods transportation, the number of trucks on the roads has also increased. However, with this increase, there has been a corresponding increase in truck accidents. One of the leading causes of truck accidents is overloading, which can lead to serious injuries and fatalities.
If you or someone you love has been involved in a truck accident due to overloading, contact Goldasich, Vick & Fulk, Attorneys at Law. Our Birmingham truck accident attorneys can help you get the compensation you deserve by holding the liable parties accountable for the crash.
What Is Overloading in Truck Accidents?
Overloading occurs when a truck is carrying weight beyond the limit that it is designed to handle safely. Statistically, overloaded trucks are more likely to cause accidents compared to properly loaded ones.
The weight limit of a truck takes into account its size, the number of axles, and the distance between those axles. Overloading reduces the handling and braking capabilities of the truck, leading to an increased risk of an accident. The Federal Motor Carrier Safety Administration (FMCSA) also regulates cargo securement on trucks to prevent cargo from shifting and falling from the truck.
Causes of Overloaded Trucks
Overloading can occur due to a wide range of factors. One of the primary causes is miscommunication between the shipper and the transport company. Sometimes a shipper may provide inaccurate measurement details of a consignment. In other cases, the transport company may purposefully overload the truck to save on costs or increase profits. Additionally, in some cases, a driver may overload the truck to save time, as they may receive incentives for completing a job faster.
Who’s Liable When a Truck Accident Occurs Due to Overloading?
When a truck accident occurs due to overloading, there are several parties that may be held liable for damages. The driver of the truck may be liable if they were aware that the truck was overloaded or if they overloaded the truck themselves. The transport company may be liable if they knowingly allowed an overloaded truck on the road. The shipper may also be liable if they provided inaccurate measurements or weight details. In some cases, the company that loaded the truck may be liable if they excessively loaded the goods.
Determining liability in a truck accident case may be complex and requires the assistance of a skilled attorney who understands the laws governing truck accidents. Reach out to Goldasich, Vick & Fulk, Attorneys at Law, so our attorneys can launch an investigation and identify liable parties.
Injured in a Truck Accident? We Know What to Do
Overloading is a serious violation of safety regulations and can lead to severe consequences in the event of a truck accident. When it comes to establishing liability in such circumstances, there are several parties that may be held responsible. Each case is unique, which is why you might want to set up a case evaluation with an attorney to identify liable parties in your truck accident. Reach out to Goldasich, Vick & Fulk, Attorneys at Law, to schedule a case review.
Source:
fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules
