A truck that is overweight or overloaded can present a large danger to other motorists using the road. When there is too much weight on a truck, it can be difficult to control and require a longer distance to stop. Cargo that is not properly tied down may shift causing objects to fall off and become a hazard. The truck may also overturn more easily because its center of gravity is too high.
Liability for Overloaded and Overweight Trucks
When a person is injured as the result of an overweight or overloaded truck, liability may apply if there is proof of negligence. This requires the following conditions:
- Failure to exercise reasonable care.
- A breach of the duty of care.
- Proof that damages and injuries were caused by the breach.
A trucking company can be held liable for accidents or injuries that occur because of an overloaded or overweight truck. This can apply to a weight being miscalculated, or if the driver was acting within the company’s interest at the time of the incident by driving a deliberately overloaded truck.
It is crucial for the claimant to act quickly to avoid spoliation of evidence, which means alteration or destruction. If evidence disappears or is otherwise not retrievable, it can greatly affect a claim for personal injury. This is why evidence must be collected as soon as possible after an accident.
A person who is injured as the result of an incident involving an overweight or overloaded truck may be entitled to compensation. This includes medical bills, wage loss, property damage, and pain and suffering. Every state has a statute of limitations in regards to personal injury claims, which is why it is so important to file a claim quickly. In a case of wrongful death, the window of time to make a claim may be even shorter, requiring swift legal action.
Anyone who has been injured or lost a loved one because of an overloaded or overweight truck should seek the services of an experienced personal injury law firm. The truck driver accident lawyers will move quickly to investigate the incident, engage expert consultation and secure fair compensation so a claimant is able to move forward with life.
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