Overloaded/Overweight Truck Accidents in Los Angeles

Trucks are subject to weight limitations for good reasons—a truck carrying a load that is too heavy damages the roads. More importantly, a truck’s weight affects its performance and handling, and carrying too much can lead to accidents.

Contact our experienced attorneys if you were hurt in an overloaded/overweight truck accident in Los Angeles. Our team has the experience and knowledge to ensure you receive appropriate compensation for your injuries while maintaining a personal approach to give you the hands-on, one-on-one guidance you deserve.

How Excess Weight Affects Trucks

Trucks are designed and built to carry a limited amount of weight. In the U.S., the maximum load is 80,000 pounds, although some trucks can get permits to pull more in specific circumstances.

Pulling excess weight strains the truck’s mechanical capabilities and can cause safety issues. Truckers pulling a load that is too heavy might experience:

• Broken axles
• Distorted steering
• Tire failure and blowouts
• Overheated brakes leading to brake failure
• Load shift leading to overturns and jackknives

Any of these events can cause a truck accident that injures innocent people.

Truckers and transportation companies are aware of the weight limitations on their vehicles. When a Los Angeles attorney discovers a truck was overloaded, they can hold the driver and trucking company liable for an accident victim’s injuries.

Non-Compliance With Weight Restrictions Is Negligent

The law requires anyone seeking compensation after a vehicle accident to prove the at-fault driver was negligent. Commercial truck operators must meet a higher standard than other drivers—if they fail to use the utmost care in operating their rigs, they could be found negligent.

Knowingly operating a truck that is carrying too much weight or is improperly loaded is a form of negligence. The police report, cargo manifest, or truck owner’s records might confirm that the truck was overweight. Witness observations, such as bulging tires or a misshapen load in the trailer, could indicate that the truck is carrying too much cargo or was loaded improperly. Sometimes, a Los Angeles attorney hires an accident reconstruction expert to determine the cause of the truck accident, which could indicate overloading.

Evidence of excess weight or poor loading makes the trucking company liable. The company is responsible for an employed driver’s decision to operate an overloaded vehicle, but the driver may be liable if they are an independent contractor. The company that loaded the truck might also be responsible.

How Truck Accident Claims Work

When an injured person engages a truck accident attorney from CD Law, our team investigates to identify all the parties who might be responsible for the incident. We then contact the responsible parties seeking compensation for the injured person’s damages. Damages could include the injured motorist’s medical expenses, lost wages, future losses, and compensation for pain and suffering.

The responsible parties typically respond with an offer, which starts the negotiation process. When there are several parties whose actions contributed to the crash, they also negotiate between themselves to allocate responsibility. In most cases, the parties eventually agree to an acceptable settlement that provides appropriate compensation for the injured person’s losses. When negotiations do not yield the desired result, our team is not afraid to take matters to court.

California’s Code of Civil Procedure § 335.1 allows an injured person two years to file a lawsuit seeking compensation for injuries caused by someone else’s negligence. The threat of a lawsuit provides leverage for the injured person, so it is wise to get legal representation as soon as possible after an accident. Waiting until the deadline approaches reduce an injured person’s negotiating power.

Contact a Los Angeles Attorney After an Overloaded Truck Accident

Overloaded or overweight truck accidents in Los Angeles happen far too often. The results can be devastating.

These accidents are entirely preventable, and holding the negligent parties accountable is essential. Contact CD Law today to discuss your legal options with a member of our team. We are always available.