Overloaded or Overweight Trucks
Massachusetts Lawyer Representing Tractor Trailer Accident Victims
There are countless different causes of truck accidents, including driver fatigue, speeding, and many others. When they do, the outcome is often disastrous for the victims involved. Trucks are typically very large vehicles with limited visibility, a poor turning radius, and heavy cargo. Although there are many different rules and regulations intended to keep trucks safe on the roadway, operators don’t always abide by them. When it comes to safe load sizes, for example, many truck operators will try to cram as much cargo as they can onto the truck to maximize efficiency. The outcome is a truck that is even more dangerous on the road due to its unsafe weight, or poor distribution of freight making the truck prone to tipping over. If you were injured in an overloaded or overweight truck accident, you may be able to secure damages for the harm you have suffered. A dedicated Massachusetts truck accident attorney at our firm is standing by to answer your questions regarding asserting your right to compensation.
Overloaded or Overweight Truck Accidents in Massachusetts
There are several factors that influence how much weight a truck can carry safely, which the Federal Motor Carrier Safety Administration takes into consideration when drafting rules about safe and lawful truck operation. Some of these factors include the total weight of the truck, the combined weight of the truck and the freight, the number of axels that the vehicle has, and its braking system. Massachusetts, like other states, is required to enforce these federal rules through enforcement steps like weighing stations and vehicle inspection programs.
Overloaded trucks are dangerous for several reasons. First, the driver of an overloaded truck is more likely to lose control of the vehicle or to be unable to brake in time to stop the vehicle from colliding with other vehicles, cyclists, or pedestrians. There are correct and incorrect ways to load a truck, as well. Even for trucks carrying proper load sizes, if the cargo is not disseminated evenly throughout the vehicle then it can make the truck unstable. This becomes an even bigger issue when the truck is overloaded with cargo.
Bringing a Negligence Claim against a Careless Truck Operator
Following an overloaded or overweight truck accident, the victim may have a claim against several different individuals. The trucking industry features a number of key players including drivers, trucking companies, logistics companies, and brokers. Depending on the facts of your case, you may be able to assert that some of these actors were the agents of other actors in the trucking industry. A skilled truck accident lawyer in Massachusetts can help you ensure that you assert claims against every potentially liable defendant.
In the underlying lawsuit, you must show that the defendants failed to act with appropriate care and skill, and that this failure was the direct and foreseeable cause of the injuries that you suffered in the crash. Because a reasonable truck driver or trucking company would adhere to rules about appropriate weight limits for trucks, evidence showing that the truck was not loaded properly or lawfully can help you satisfy this burden. When it comes to establishing the causal link, you must be able to show that but for the failure to act appropriately, you would not have been harmed. The defendant may argue that some other factor was the direct cause of your damages, and may use any available examples of your own negligence at the time the accident happened in support of this argument.
There are several types of damages that can be recovered in a truck accident case, including the costs of past and future medical bills, lost wages, diminished earning capacity, reduced quality of life, and more.
Consult a Seasoned Truck Accident Attorney in Massachusetts
Truck accidents are usually stressful and devastating experiences for the parties involved. A knowledgeable truck accident lawyer at our firm has experience with all aspects of personal injury and wrongful death lawsuits, including investigation, negotiation, and trial. We are available to serve clients in areas around Boston, Cambridge, Lowell, Newton, Waltham, Somerville, Dedham, Norwood, Brookline, Quincy, and Peabody. To schedule a free consultation, call today at (800) 262-9200 or contact us online to get started.