Who Is Accountable When Overloaded Trucks Cause Accidents?

When determining who is responsible for an overloaded truck accident in Michigan, a lawyer can often name multiple parties as defendants. Potentially responsible parties that could be held accountable for such an accident can include the following:

• Truck driver
• Trucking company
• Maintenance company
• Load broker
• Loading company
• Lease agent
• Truck manufacturer

So while the truck driver is often to blame for a crash if they were distracted, tired, or otherwise negligent, it can be the trucking company that was responsible for ensuring the truck was properly inspected, cargo was secure, and it was not overloaded.

Abiding By Weight Limits

To determine whether a truck is overloaded, there are weight limits that trucking companies must honor. By law in Michigan, the gross vehicle weight of a tractortrailer combination cannot exceed 80,000 pounds, except with a special permit.

Beyond the weight of the truck, certain roads have weight limits as well, based on how much the surface can handle before crumbling or falling apart and becoming unsafe. There is also a separate weight limit for the trailer a semitruck pulls. So even if the truck complies with the gross vehicle weight limit, it can still be considered overloaded if the trailer weight exceeds that limit.

Gross axle weight limit, or the amount of weight that a truck’s axles can safely transport, is also to be considered. Particularly in cases where the weight is lower than expected due to the use of lower-grade components in the manufacturing process.

Truck drivers and companies are expected to know the laws and regulations of truck loading. They must abide by the weight limits and comply with all Federal Motor Carrier Safety Administration (FMCSA) regulations if they wish to keep the roads safe and avoid litigation.

Dangers of an Overloaded Truck

The risks and liability issues for overloaded trucks are serious. When a truck is overloaded, its brakes may not function properly. In addition, the heavier a truck is, the more distance it will need to come to a full stop. It will also have to travel more slowly on roads with a steep uphill grade, causing a disruption in traffic flow.

Overloaded vehicles are also more susceptible to tire blow-outs since the tires are not designed to handle the extra weight. Making turns is also riskier because the center of gravity may shift. As a result, an overloaded truck more easily rolls over.

If the cargo on the overloaded truck shifts, it could interfere with the truck driver’s ability to stay in control. What’s more, that cargo may come loose and create a hazard for other drivers.

Protecting Your Legal Rights

Do you have a case for your truck accident injury? Your chances at recovering damages will be better if you demonstrate the ways the accident has negatively impacted your life. The skilled Michigan truck accident attorneys at Kajy Law would advise you do the following:

1. Seek Medical Care

Even if you didn’t require emergency treatment at the scene of the crash, you should make an appointment with a doctor ASAP. Having a record of your decision to pursue treatment will show that you made the effort to avoid long-lasting harm. In addition, continue to attend any follow-up medical appointments and follow your doctor’s treatment plan.

2. Gather Evidence

Evidence includes photos or videos you took of damage to your injuries, damage to your vehicle, road debris, skid marks, etc.

You’ll also want a record of any medical bills, co-pays, lost wages, and other accident-related costs you incurred so your Michigan truck accident lawyer can easily demonstrate your financial losses.

3. File a Report With Your Insurance Provider

When filing this report, you’re advised to keep your description brief. Do NOT volunteer unnecessary details and refuse to share specifics with anyone except your attorney representing you for your truck accident injuries. The best option is to let your overloaded truck accident attorney communicate with the insurance companies on your behalf.

4. Keep a Journal

If you’re able, document your physical and emotional pain in a notebook or journal. You can include mention of your treatment sessions, the hours you’ve committed to your recovery, and any progress you’re making. This will provide evidence of the extent of your pain and suffering. These are considered non-economic damages and are harder to put a number on when it comes to getting compensation.

Is It Time to Get a Truck Accident Injury Attorney?

Because more than a few trucking companies think they’re above the law, overloaded trucks cause accidents more often than you might think.

So if you’re suffering an injury as a result of an overloaded truck, it’s time to contact an experienced Michigan truck accident lawyer with experience handling truck accident claims.

Call us at 888-KAJY-CARES or contact us to speak with one of the highly experienced attorneys at Kajy Law. We will help you establish a strong case and develop a strategy for your success.