Overloaded Trucks

Maryland, Virginia, and Washington, D.C.

If you suffered injuries or lost a loved one in an accident with a semi truck or other large commercial truck, your life has been changed forever. You may never fully recover from your injuries, and certainly you will never forget the person you lost. Unfortunately, many truck accidents are due to preventable causes like overloading of trucks. There is no way to eliminate the suffering you feel as a result of the negligence of others, but the law does provide remedies to help you recover from the accident.

If you were hurt in a truck accident you think could have been prevented, the truck accident lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C. can help. To learn how, please call or email us today.

Why Overloaded Trucks Are Dangerous

A truck is designed to carry a large amount of cargo. Powerful engines, heavy-duty brakes, a wide wheel base, and reinforced construction all allow a truck to carry heavy loads from coast to coast. But when a truck is carrying more weight than it is designed for, its performance changes in a number of dangerous ways:

• Overloaded trucks require longer stopping distance
• Tires on overloaded trucks may burst, especially during critical maneuvers
• Overloaded trucks go faster downhill and are more likely to become runaway vehicles
• Brakes are more likely to fail on overloaded trucks
• Overloading raises the truck's center of gravity, making a rollover truck accident more likely
• Overweight cargo may be more likely to shift or break free during maneuvers
• Overloading can shift weight off the front tires of the cab, reducing contact with the road and making steering difficult

All of these make truck accidents much more likely. And when accidents occur, the greater weight of the truck makes them more likely to cause serious injury or death.

Truck Weight Is Regulated

Federal and state laws regulate cargo carried by trucks. They mandate not only the maximum weight of cargo carried, but also how the cargo should be distributed. There are specific standards for fastening cargo to ensure it does not shift or dangerously affect the maneuverability of the truck. Trucks of certain sizes or weights are also banned from many roads because of the damage they can do to the road and the danger they pose to other vehicles on narrow roads.

Truck weight should be checked, along with a driver's log books and other essential documentation, at roadside weigh stations. In some cases, a truck may be detained for being overweight, but in other cases, a truck may be ticketed and allowed to return to the road.

Sometimes, an overweight permit may be issued for a truck, often under the condition that a driver obey certain guidelines about speed, spacing, and avoiding certain roads.

Who Is Responsible for Overloaded Trucks?

According to Federal Motor Carrier Safety Administration (FMCSA) regulations, the truck driver is responsible for ensuring that cargo is safely loaded and is appropriate for the truck. It is a driver's responsibility to inspect a load before heading out and perform periodic inspections of the cargo to ensure it is still properly secured. The only exception is when a cargo is presented to a driver in a way that prevents him from inspecting it. A driver with an overweight permit is also responsible for obeying any restrictions associated with the permit.

Trucking companies are ultimately responsible for the behavior of their drivers. If a trucking company has not properly trained its drivers about handling overweight cargo, fails to supervise them, or asks them to violate weight limits, the company is responsible for accidents that result from the overweight truck.

If you have been hurt or lost a loved one in an accident with an overweight truck, you should not have to suffer for someone else's negligence. Legal remedies exist, and we can help you fight for your rights. To learn more, contact the Maryland personal injury lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C. for a free consultation.

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