Dangers of Overloaded Trucks
According to the Federal Motor Carrier Safety Administration (FMCSA), about 115,000 injuries occur annually in the United States in large truck accidents. Unfortunately, this number has been slowly increasing in recent years. While many people assume that drunk driving and speeding are the primary causes of truck accidents, there are actually many causes of trucking accidents, including overloaded trucks with poorly secured cargo.
When a truck is overloaded, loaded incorrectly, or overweight, the chances of a serious accident substantially increase. If you suffered injuries in an accident that wasn’t your fault with a truck you believe was overloaded, the Wisconsin and Minnesota truck accident lawyers at Tyroler Leonard Injury Law are ready to help. Learn more about why overloaded trucks can be so dangerous.
Understanding the Dangers of Overloaded Trucks
An overloaded or overweight truck creates more danger on the road than other large commercial vehicles. Overloaded trucks are inherently more prone to accidents, even if the truck driver follows other traffic safety rules. Some of the main reasons why an overloaded or overweight truck poses dangers to others on the road include the following.
Difficult to Control
An overburdened truck with excess cargo or improperly secured cargo creates undue strain on the mechanical components and axles of the truck. This makes it difficult for the truck driver to control the truck and increases the chances of a serious road accident.
Makes Braking Difficult
Overloaded trucks increase the chances of braking errors and braking failures. An overloaded truck requires substantially larger stopping distances. Sometimes the driver may miscalculate the stopping distance when using the brakes and, consequently, rear-end another vehicle or cause a multiple-car pile-up.
Uneven Weight Distribution
The cargo on an overloaded truck might have uneven weight distribution. Balanced weight distribution is essential for the proper and timely functioning of the truck’s components. Poorly packed cargo or improperly loaded cargo can cause the truck to flip over or jackknife and cause serious injuries to the driver or others on the roadway.
Tire Strain
The weight of an overloaded truck is especially borne by its tires. An overloaded truck faces the substantial risk of a tire blowout from the increased weight.
Additional Danger in Unique Circumstances
An overloaded truck is far more difficult to control in poor weather conditions, such as fog, rain, and snow. Further, controlling an overloaded truck on a downward slope can put extra pressure on the braking system and lead to brake failure or loss of control. Extra weight on the truck due to overloading may increase the speed of the truck when traveling downhill, leading to an inability to stop in time to avoid an accident.
Greater Rollover Risk
Overweight trucks are more prone to rollover, particularly when rounding curves. When trucks are overloaded or improperly loaded, the center of gravity shifts and increases the chances of a rollover.
Trucking companies and drivers may be well aware of the risks and hazards posed by an overloaded truck. Yet, in order to cut costs, the driver, trucking company, or loading company may purposefully take the chance of putting excess loads on the truck, increasing danger for other vehicles and pedestrians on the road.
Frequency of Accidents Involving Large Trucks
The latest information from the FMCSA shows that 2021 had the largest number of large trucks and buses involved in fatal crashes since the 1980s. The year 2021 had 5,991 fatalities involving 5,340 large trucks and buses.
The total number of people injured in crashes involving large trucks and buses totaled 172,000 in 2021, a slight increase from five years earlier. (The FMCSA does not break out injury and fatal accident statistics for trucks alone or for overloaded trucks alone.)
Determining Liability in an Overloaded Truck Accident
Who pays for medical bills after an overloaded truck accident that wasn’t your fault? Our legal team will work to find facts that show which party or parties are liable for the accident. We can then hold that party responsible for paying your medical bills.
Determining liability in a truck accident can be a complex issue as multiple parties may be involved. The trucking company and the truck owner may be held liable if they authorized or approved the carrying of overloaded cargo on a truck. However, sometimes truck drivers ignore the instructions given by their employers and carry excess weight on the truck. Further, third-party companies who provide cargo loading and unloading services may also be responsible for improper loading or unsecured cargo.
To hold any of these parties liable for an accident caused by an overweight truck, negligence must be shown. It must be proved that one of these entities (or several entities) compromised the safety of other passengers on the road by allowing the operation of an improperly loaded or overloaded truck. After proving the liability, the victim of an overloaded truck accident may be able to get compensation for both economic and non-economic damages, including medical bills, lost wages, loss of future wages, property damage, and pain and suffering.
Federal and state laws set maximum weight limits and restrictions on commercial trucks. In the state of Minnesota and the state of Wisconsin, the legal gross vehicle weight (GVW) cannot generally exceed 80,000 pounds. Trucking companies and owners are required to adhere to these limits. Truck dimensions should also be compliant with the height, weight, and width specifications set by law. Trucking companies, drivers, and owners must comply with other requirements, including load security, safe loading, and inspections. Failure to adhere to any of the weight and size laws can show negligence on the part of the trucking company, driver, or similar party.
Let Our Truck Accident Injury Lawyers Help You Seek Damages After an Overloaded Truck Hit You
It can be difficult to win a financial award in an overloaded truck accident when you are representing yourself, even if you are not at fault. The insurance companies representing the various parties that could be liable tend to point fingers at each other, rather than accepting blame on behalf of their clients. As they pass the buck and throw red tape in your way, you may become so frustrated that you accept a far lower financial award than you deserve – just to make sure you get something – or you give up the injury claim altogether. Insurers are more than happy to pay you less than you deserve because lower payouts increase their profit margins.
When you hire our Minneapolis truck accident lawyers, we take over all correspondence with the insurance companies for you. Because of our experience dealing with complex injury lawsuits, we know how to hold the different insurance companies responsible. We do not let them point fingers at each other and delay the process. Our thorough and prompt investigation into the crash shows exactly what happened and which party or parties are to blame. Once we can narrow down the list of potentially responsible parties, we can begin negotiations and work toward trying to win the maximum financial award for your medical costs, lost wages, and pain and suffering.
Although we encourage overloaded truck accident victims to call us as soon as possible after the injury crash, we can begin representing you at any point in the case before you agree to a settlement amount with the insurance company (barring unusual circumstances). For a no-obligation, free consultation about your claim, call Tyroler Leonard Injury Law today at (651) 259-1113.