Overloaded or Overweight Truck Accidents in Fullerton
Everyone knows the traffic in Fullerton is heavy—some estimates say our streets see as many as 20,000 to 30,000 vehicles a day. Unsurprisingly, overloaded or overweight truck accidents in Fullerton are a significant concern for residents.
Cases involving such crashes require a robust understanding of federal laws regulating commercial trucking and state laws governing truck accident cases, as well as what evidence to gather and who can be held liable. At CD Law, we have experienced truck accident attorneys who could help you claim justice.
Common Injuries in Overweight or Overloaded Truck Accidents
In Fullerton, overloading a truck is illegal and extremely dangerous, significantly increasing the risk of a serious accident. Overloading can reduce a truck’s braking power, increase the chances of tire blowouts, and cause steering and stability problems. Sometimes, a truck can be so overweight that it damages roads, bridges, and highways.
With so much weight and mass packed into one vehicle, the damage accident victims sustain can be extensive and severe. It is not uncommon for people to suffer from traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, amputations, permanent disabilities, or even death.
Severe and extensive injuries often mean aggressive and expensive medical treatment, such as surgeries, rehabilitation, and long-term care—all of which increase the amount of damages victims could claim.
Damages Available to Victims or Surviving Family Members
For surviving victims of a Fullerton accident involving an overloaded truck, damages typically fall into economic and non-economic categories. Economic damages are easily calculated based on documentation, such as medical bills, lost wages, property damage, or other expenses. Non-economic damages describe those that are harder to assign a dollar amount to. These can account for the trauma victims experience, such as pain and suffering or emotional distress.
If a victim dies as a result of the accident, their family members could claim wrongful death damages. These can be economic and non-economic, including compensation for funeral and burial costs, loss of financial support, and loss of companionship.
Courts sometimes also award punitive damages to punish drivers and companies for gross negligence, recklessness, or intentional acts to cause harm. For example, punitive damages may be awarded when the driver or company knowingly overloaded the truck.
Collecting the Best Evidence for Your Case
Even though a truck being overweight establishes automatic negligence, it can be difficult for victims to find the necessary evidence to prove their compensation claims.
If you have found yourself the victim of a Fullerton accident involving an overloaded truck, time is of the essence. You need to act fast to document your damages and protect your claim.
This can start at the scene of the accident. Take photos of the truck, cargo, and skid marks on the road, and get contact information for any witnesses.
Once your attorney gets involved, they could request police reports to support your version of events. However, where your truck accident attorney could make a difference is by getting reports about the truck itself.
Your lawyer can request access to the truck’s weight tickets, inspection records, maintenance logs, and data from its black box, also known as an electronic control module. These records could show if anyone beyond the driver can be held liable for your damages, such as:
- Trucking companies for overloading or failing to sufficiently train drivers
- Cargo loaders for improper loading or failing to secure cargo
- Maintenance crews if the truck was in poor condition
- Truck manufacturers, if a mechanical failure contributed to the crash
Your lawyer will then evaluate the evidence to see if it complies with federal regulations for commercial trucking.
Contact a Fullerton Injury Attorney for Help With Your Overloaded Truck Accident
At CD Law, we know how devastating overloaded or overweight truck accidents in Fullerton can be. We are ready to dedicate our energy and experience to finding the best evidence for your case, getting you the justice you deserve, and supporting you throughout the process.
We value building client relationships based on trust and open communication—our attorneys even take calls and texts on their cell phones. Schedule your free consultation today to determine what damages you may be eligible to claim and experience the difference in our legal approach.