While large trucks are the backbone of our nation’s commerce, the increased pressures on trucking companies, distributors, and truck drivers to get more products delivered faster can have damaging impacts. When an overloaded tractor-trailer is involved in a crash, motorists in smaller vehicles often suffer the worst. At Liggett Law Group, we believe in educating our clients about important concerns, such as the real danger of overweight trucks on the road.
Trucks Have Legally Regulated Weight Limits
On both local roads and interstate highways, trucks are subject to weight limits. These limits prevent too-heavy vehicles from causing damage or structural failure to roadways and bridges. The Federal Motor Carrier Safety Administration (FMCSA) enforces interstate regulations and provides a list of any weight limit exceptions by state.
According to the U.S. Department of Transportation Federal Highway Administration, commercial trucks can carry a maximum of 80,000 lbs total vehicle weight, with no more than 20,000 lbs per single axle and 34,000 lbs per tandem axle. Truck drivers are subject to frequent weighing at roadside stations to ensure they are not carrying too much freight that could put their trucks at risk of failure. Trucking companies can request permits to allow overweight trucks to operate, but they must do so in each state they intend to travel, as there are no federal permits that allow this action.
For example, companies can request Texas permits for over-size or overweight vehicles that are annual or just for a single trip. They can also obtain a permit for a single trip of a super-heavy vehicle weighing over 254,300 lbs or annual permits for unladen lift equipment. Generally, vehicles can only exceed the allowable weight by 5-10%.
Overloading Trucks Leads to Increased Risk Factors for Accidents
A truck that’s too heavy causes multiple problems in addition to increasing the damage it causes in a crash. Putting too much freight on a tractor-trailer puts more stress on all the components, especially the tires and suspension. When these parts fail, a driver may be unable to maneuver the truck to safety without hurting someone else.
Another risk for sending a truck out with too much weight is pairing that vehicle with an inexperienced driver. Whether they are new to the job or are long-time drivers traveling a different route in inclement weather, coupling those factors with an overloaded 18-wheeler means these drivers are more likely to lose control.
Overloaded trucks regularly traveling over bridges and roads where they exceed the posted weight limits can result in accidents long after the truck has moved on. The Texas Department of Transportation (TxDOT) reported recently that 51% of our state’s bridges were built before 1980, making many of them over 50 years old and possibly in need of repair. Repeated damage to these spans from overweight trucks can play a part in fractured and uneven lanes, bridge collapse, or other factors that cause your accident.
Too Much Weight Means More Risk of Injury to Other Motorists
Because there are so many trucks on the road and weigh stations aren’t always open 24 hours a day, some trucking companies may try to skirt the law. Commercial tractor-trailers are already many times larger and heavier than passenger vehicles and trucks, and the force of an impact from a commercial truck is often devastating. Add in illegally overloaded cargo, and the risk of a wrongful death gets much higher.
Victims of truck accidents often suffer extremely severe injuries, including those that can dramatically alter their futures. For example, our truck accident attorneys have managed cases where our clients needed compensation for conditions such as:
- Broken bones, including legs, arms, and the back
- Spinal cord damage
- Traumatic brain injuries
- Internal bleeding and organ damage
- Amputations
- Burns from flames and chemicals
- Crushing injuries
When a smaller vehicle is hit by an overweight truck, those motorists and passengers are likely to die instantly. In those instances, their survivors may need guidance from a wrongful death lawyer to file legal action on behalf of the lost loved ones.
You Can Hold Negligent Trucking Companies and Truck Drivers Accountable
After a truck accident, it can be tempting to think only the driver is to blame for your injuries and auto damage. However, there may be many pirates at fault, including the trucking company, loading company, and inspectors. While the police or federal agencies may fine these entities for violating weight limits, that does nothing to help you financially recover your losses.
You need a qualified truck accident attorney to investigate your case and discover all avenues for seeking compensation through insurance claims or personal injury lawsuits. Doing so allows you to demonstrate negligence by showing how the liable parties were responsible for keeping you safe yet chose to ignore that duty. Your lawyer can present your medical records, photos, witness statements, and other evidence to connect your injuries directly to the negligent actions, establishing your right to receive payment for your losses.
In Texas, you are able to claim damages in an overweight truck accident, including economic (those based on a measurable cost) and non-economic (those based on pain and suffering) losses. In instances where the actions were intentional or egregious, the court may award you exemplary damages to exact an especially punishing toll on those at fault.
Learn More About Your Rights in an Overweight Truck Accident Claim
Securing justice against negligent drivers and trucking companies is difficult since they often employ teams of attorneys and insurance representatives whose sole focus is protecting the company from harm. You need someone just as dedicated and tenacious on your side when you’ve been the victim of the real dangers of overweight trucks on our Texas highways.
We can help you recover the full compensation you deserve from negligent parties while you concentrate on healing from your injuries. To learn more about your legal options and how we can protect your rights, contact Liggett Law Group to schedule a free consultation with a Lubbock truck accident lawyer today.