Truck drivers are tasked with many critical responsibilities. These professionals must get their cargo to a specific destination Within an established time frame. Drivers must also follow the rules of the road, and their employers must adhere to critical safety regulations. Overloading a truck can violate many laws and put commuters and pedestrians at significant risk. However, overloaded trucks take to the highway with an unfortunate routine frequency. These vehicles represent accidents and lawsuits waiting to happen.
Improperly Loaded Trucks and The Safety Risks They Pose
An improperly loaded truck takes many different forms. Exceeding a vehicle’s weight limit is a typical loading error. Yet, improper loading can also include unsecured cargo that slides around or uneven weight, affecting how a truck operates.
When an improperly loaded truck pulls out of its pickup destination, the driver may notice something seems off. These problems could increase when the vehicle picks up speed or makes turns. Tipping on a curve or shifting while breaking are two problems that contribute to accidents. A truck that tips over when making a turn could crush anything it lands on, a potentially fatal scenario.
Poorly secured cargo could come loose, flying off the truck and hitting a pedestrian. Cargo landing on highway asphalt may lead other cars to swerve, increasing the chances of an accident.
Legal Standards and Truck Loading
The Federal Motor Carrier Safety Administration (FMCSA) oversees rules and regulations on cargo securement, establishing tie-down and weight limit requirements. Any trucker or trucking company that violates these rules deliberately or by omission places people at risk and puts themselves in legal jeopardy. They may also find themselves running afoul of existing state laws, and further penalties could be imposed on them for violations of state-specific standards.
Truck Overloading Leads to Legal Liabilities
Whether deliberately overloading the truck or doing so by omission, a truck driver or a trucking company could face liability claims if the improper loading causes an accident. When the accident causes a wrongful death or catastrophic injury, severe punitive awards might be possible.
There may be multiple instances of legal negligence, such as when a driver operates an improperly loaded truck at an unsafe speed or while under the influence. Ultimately, it could be challenging for a defendant to succeed in a lawsuit when evidence points to a clear breach of the law.
In addition to civil lawsuits, criminal charges could be possible depending upon the circumstances. Yes, the trouble the negligent parties may find themselves in could be severe.
After the Accident
There are several critical steps to take after a truck accident. Seeking medical attention should always be the first priority because the victims may not realize how badly they are hurt. Collecting evidence, such as photographs and witness statements, is also essential. Contacting a qualified truck accident attorney is another vital step.
A truck accident could leave victims with significant financial obligations. A lawsuit or an insurance settlement might provide the necessary compensation to address the obligations and ease financial burdens.
