McKinney Overweight Truck Accident Lawyer
Any time a truck is involved in a collision with smaller vehicles, the severity of the injuries and property damage typically increase. This can be especially true when a truck is overloaded. If you sustained significant injuries, consider speaking with a diligent McKinney overweight truck accident lawyer. A dedicated truck accident attorney could review the factors that may have contributed to the crash and work to identify the negligent parties. In truck cases, the negligent parties are often both the truck driver and the trucking company. Call today to get started on your case.
What are Federally Acceptable Weight Standards for Trucks?
Commercial trucks generally need to adhere to certain weight standards in order to maintain compliance with federal regulations. While the weight formula determining compliance is typically dependent upon the number of axles and tandem axles that could reduce the gross acceptable weight, the gross weight is limited to 80,000 pounds.
To better maintain compliance with the federal weight regulations, a truck driver should weigh their vehicle and load before leaving the truck yard. Although there are truck weigh stations all over the place, it is really up to both the driver and the truck company to make sure it is not overloaded.
Overloaded vs. Exceeding the Weight Limit
Determining a safe weight for a truck can be tricky. There is a difference between a truck that is too heavy and one that is overloaded. A truck that is too heavy typically may struggle or be unable to stop in a distance that the truck is rated. An overloaded truck may be one that has too much cargo but is still within the acceptable weight standards. The main issue with overloading is if the weight of the load shifts unexpectedly, it could tip the trailer of the truck over.
A truck that is too heavy cannot stop in a distance that the truck is rated for and the road is rated for when it comes to the speed limits. A truck that is overloaded is different than a truck that is too heavy. An overloaded truck may contain too much cargo but remain in the safe weight spectrum. The biggest problem with overloading, however, is if the weight of the load shifts unexpectedly and tips the truck over.
What are the Risks Associated with Driving an Overweight Truck?
Operating a truck that is overweight has a variety of safety concerns. One of the main risks is that a driver may be unable to stop safely or maneuver effectively to avoid a collision. The braking system of the truck may only be able to handle the maximum weight and if the weight exceeds that limit, the tractor-trailer could become involved in a collision.
Potential Incentives to Drive an Overweight Tractor-Trailer
Overweight trucks are generally more profitable to run so some trucking companies may encourage their drivers to ignore certain weight regulations. When a truck driver or trucking company does not follow the safety and weight regulations it could cause severe accidents that may result in catastrophic injuries and even death. A person who was injured in such a collision could work with a McKinney overweight truck accident lawyer to hold the careless driver and trucking company accountable. While financial compensation could help an injured person address their unexpected expenses, it could also help prevent future injuries due to similar acts of negligence in the truck industry.
Establishing Liability in an Excessive Weight Truck Collision
The truck driver is typically responsible for overloading or traveling with an overweight truck. However, the trucking company could be held responsible under the theory of respondeat superior for the actions of their employee. They could also be held liable for failing to train the employee under the direct negligence theory about proper loading. In addition, whoever actually loaded the vehicle may also be responsible. Sometimes, that means the shipper or the company where the load was picked up. If it was picked up from one manufacturer and they were responsible for loading it, sometimes there will be some contractual liability there as well.
Enlist the Help of a Steadfast Overweight Truck Accident Attorney in McKinney
An accident caused by an overweight truck collision could send an injured person reeling. They may be unsure of how to address their medical bills or property damage without some sort of financial assistance. However, a qualified McKinney overweight truck accident lawyer could examine the aspects of your case and work to develop a comprehensive legal strategy. Call today and set up a time to start reviewing legal options that may help you hold the negligent party that caused your accident accountable.