Federal limits allow a fully loaded truck to weigh up to 80,000 pounds, or 20 times the weight of the average passenger car. When trucking companies or cargo loaders choose to exceed this limit, the truck can no longer brake, steer, or stop properly. The consequences of these regulatory breaches can be catastrophic. If you have suffered injuries or lost a loved one in this kind of accident, an overloaded truck accident attorney at Stokes Stemle can help you seek the compensation you deserve. Contact us today for a free consultation about your truck accident case.
How a Montgomery Overloaded Truck Accident Lawyer Can Help
A skilled Alabama personal injury lawyer can stand by your side throughout the overloaded truck accident claim process. They can:
- Investigate the crash and request the weight/cargo records
- Identify every liable party
- Work with accident reconstruction experts
- Negotiate with the trucking company’s insurer
- Initiate a trial if the insurance company does not offer a fair settlement
Our team has secured substantial awards for numerous clients, including Jack J., who has said this about working with our team:
“I am so glad that my wife called Stokes & Stemle the moment we were in an accident. Josh and Jonathan were excellent. They walked me through the process… and made a stressful situation so much smoother, and got me a great settlement.”
You can read more of our glowing testimonials here. Past results do not guarantee future outcomes.
Who Is Liable for an Accident Caused by an Overloaded Truck?
Under current federal limits, a commercial truck’s gross vehicle weight can be a maximum of 80,000 pounds on interstate highways, with 20,000 pounds on a single axle and 34,000 pounds on a tandem axle. Alabama does allow some exceptions to the federal limits on non-interstate highways, but workers across the supply chain have a responsibility to adhere to all relevant guidelines. As such, the following parties can potentially be held responsible for an accident caused by an overloaded truck:
- The truck driver might be liable for neglecting to inspect the load or to report any handling issues before the truck departs.
- The trucking company might be liable if it pressures a driver to accept an unsafe load or to skip weight checks.
- The cargo loading or logistics company might be liable if they incorrectly stacked, distributed, or secured the cargo, even if the total weight is at or below the legal limit.
- The truck or trailer owner might be liable if the owner is a separate party from the driver or the carrier.
- A maintenance provider might be liable if a brake, tire, or suspension failure linked to excess weight can be traced back to poor maintenance.
What Compensation Can You Recover After an Overloaded Truck Accident in Montgomery, AL
Depending on the facts of the truck crash, a skilled Alabama attorney can help you seek the following forms of overloaded truck accident compensation:
- Medical bills associated with your accident-related injuries
- Lost wages from missed time at work
- Reduced future earning capacity if your injuries are long-term or permanent
- Pain and suffering
- Property damage
If you have lost a loved one in a fatal accident due to an overloaded truck, your family may also be eligible to seek funeral and burial costs, along with other forms of wrongful death compensation in a truck accident lawsuit.
How Long Do You Have to File an Overloaded Truck Accident Claim in Alabama?
According to Alabama Code § 6-2-38, most personal injury claims (including an overloaded truck crash claim) are subject to a two-year deadline. There are several exceptions, including for injured minors, but missing the deadline can bar you permanently from recovering compensation. As such, it is essential to get a skilled legal representative on your side as soon as possible after an accident.
Moreover, evidence such as logging device data, weigh station records, and cargo manifests can be discarded or overwritten after a certain period of time. When you contact an experienced truck accident attorney early on in the process, they can seek and preserve this evidence before it disappears.
What Evidence Can Help Prove an Overloaded Truck Accident Claim?
Knowing how to secure the right evidence is the key to understanding how to prove an overloaded truck caused a car accident. Here is some of the most important evidence to prove your claim:
- Weigh station and scale tickets show the truck’s actual weight at the time of the trip.
- Electronic logging device (ELD) and engine control module (ECM) data record speed, braking, and the truck driver’s hours of operation leading up to the crash.
- The bill of lading and cargo manifest document what the truck was carrying and how much it weighed.
- Driver inspection reports and maintenance logs reveal whether there were known issues that went unaddressed.
- Photos and video of the cargo, skid marks, and the crash scene provide visual evidence that insurers and jurors cannot ignore.
- Accident reconstruction analysis recreates how the excess or shifted weight affected the truck’s handling.
Our attorneys can request these items early and compel trucking company records, if necessary, after filing a formal lawsuit.
What Are the Most Common Injuries in Overloaded Truck Accidents?
An unstable, hard-to-stop truck can produce severe, life-altering injuries. Many victims of overweight truck accidents have sustained serious injuries such as:
- Traumatic brain injuries caused by the violent forces of a high-speed or rollover collision
- Spinal cord injuries, which can result in partial or complete paralysis.
- Broken and crushed bones, which are common given the size difference between trucks and passenger vehicles
- Internal organ damage, which is often not immediately obvious after the crash
- Severe burns if cargo or fuel ignites
- Wrongful death, the most severe outcome of an overloaded truck rollover or jackknife
Due to the severity of their injuries, truck accident victims are often eligible to recover substantial compensation packages. However, trucking companies and their insurers will do everything they can to minimize what they pay out. An experienced Montgomery truck accident attorney knows how to push back and fight for what you deserve.
Talk to Our Montgomery Truck Accident Lawyer for a Free Consultation
If you have sustained injuries in an overloaded truck accident in Montgomery, we recognize that your life has become unbearably stressful. We are here to make things easier for you. Our firm handles cases on a contingency basis, meaning there is no upfront cost, and we only charge you a fee if we secure compensation for you. Contact us today for a free consultation.
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