Trucking accidents often cause more severe injuries and fatalities simply due to the sheer force and weight of 18-wheeler or tractor-trailer trucks. The cab area where a truck driver sits and the trailer of a commercial truck weigh many times more than a commercial vehicle, therefore there are strict limits placed on how much cargo a commercial truck may carry. The FMCSA (Federal Motor Carrier Safety Administration) indicated that in 2018 alone there were over 5,000 fatalities and thousands of severe injuries resulting from trucking accidents. In many cases, a trucking accident occurs as a direct result of negligence or an intentional attempt to overload a truck. Trucking companies and truck drivers feel pressure to take as much cargo as possible, as quickly as possible, to their intended destinations. As a result, federal guidelines for cargo may be ignored. If you suffered injuries resulting from an overloaded truck accident, contact the trucking accident attorneys at Labrum Law Firm to visit for free about your case today at (615) 338-9500.
How Overloaded Truck Accidents Occur
Overloaded trucks are a leading cause of traffic fatalities on the roadways in the United States every year. The following are reasons why overloaded truck accidents occur, which often results from negligence or carelessness of the truck driver, the trucking company, or the cargo-loading company.
Braking Challenges and Overloaded Trucks
Truck drivers of commercial vehicles must pass certain tests to receive a Commercial Driver's License (CDL) through the Federal Motor Carrier Safety Administration, which provides training and certification that a truck driver has the ability and knowledge to properly and safely drive large commercial vehicles. However, even with proper training and education, an overloaded truck can cause serious challenges regarding the ability of a truck driver to break in time to prevent an accident or collision. Cargo loads that are too heavy place too much of a challenge on the braking systems of commercial trucks resulting in either braking errors by the truck driver, or complete brake failures.
Mechanical Failures and Overloaded Trucks
Commercial trucks have specific cargo weight standards for many safety reasons, one of which is that the entire structural integrity and mechanisms of a commercial truck may not be able to sustain the additional weight load of too much cargo. The strain on the commercial truck's mechanisms can result in tire blowouts, brake failures, snapping of truck axles and more. As a result of any of these mechanical failures, a commercial truck could cause a serious accident on the roads.
Rollover Accidents and Overloaded Trucks
The simple truth is that if a truck driver attempts to stop an overloaded truck in order to avoid an accident, debris, or navigate inclement weather, it may result in the truck pulling to one side and rolling over. Additionally, overloaded trucks often are top-heavy, which causes a greater risk for rollover accidents in high winds. If you suffered any injuries resulting from an overloaded truck accident, contact the trucking accident attorneys at Labrum Law Firm today to help you with your next steps.
Overloaded Truck Accident Investigations
Truck accidents are different than passenger vehicle accidents for many reasons. One of the major differences includes the fact that there are more reasons that a truck accident may occur and more parties that may remain legally responsible for a victim's injuries and losses. As a result, the investigation of the truck accident will become an integral and important part of the ability of a victim to receive compensation for their injuries. A truck accident attorney can conduct an independent investigation on behalf of the victim in order to determine if the truck accident was a result of overloading.
Some of the types of ways an attorney can determine if a victim's injuries were the result of an overloaded truck accident include investigating the following:
- Did the truck follow federal and state guidelines regarding the total amount of weight within the cargo area of the vehicle?
- Did the truck exceed payload capacity at any time?
- Did the truck driver follow federal and state guidelines regarding weighing the commercial truck at appropriate times? What were the weights of the truck at those times?
- Did the truck driver load the cargo? Did the trucking company load the cargo? Did a third-party company load the cargo?
- Did the truck driver or trucking company have knowledge at any time that the truck had exceeded the weight limit under the law?
- Have there ever been any previous complaints against the truck driver, trucking company, or third-party cargo loading company regarding overloading trucks?
- Was the back of the commercial truck slouching in any way?
- Did the truck driver notice any unusual sounds or squeaking while driving the commercial truck?
- Did the truck driver notice that it was more difficult to stop in time when applying the brakes of the commercial vehicle?
- Did the truck driver notice any challenges related to steering?
- Did the rear bumper ever scrape the pavement as the truck driver operated the truck?
Conducting an independent investigation following a truck accident can prove legally challenging. The truck accident attorneys at Labrum Law Firm can ensure that your legal rights remain protected and you receive the compensation you deserve under the law by conducting a proper and thorough independent investigation on your behalf after your overloaded truck accident.
Contact Labrum Law Firm After Your Overloaded Truck Accident
It is important to understand that an independent investigation can determine if the accident was a result of an overloaded truck or as a result of another type of negligence from the truck driver or trucking company. Overloaded truck accidents can prove to be challenging, requiring not only an independent investigation but also require expert trucking accident reconstruction witnesses. Learn more about your ability to receive justice as well as monetary reimbursement for your economic and non-economic losses by visiting with a Nashville trucking accident attorneys at Labrum Law Firm today to visit with us for free about your truck accident case at (615) 338-9500.