Federal law limits the total weight of semi-trucks to 40 tons, and the cargo weight typically accounts for slightly less than half of that weight. Truck drivers risk fines, jail time, and license suspensions if their vehicles exceed load limits. Overloaded/overweight truck accidents in Bartlett can result in serious injuries, and if you suffered harm in such a crash, you can hold the truck driver liable for significant compensation.
A knowledgeable truck accident attorney can demonstrate that a vehicle’s excessive weight or load was a significant factor contributing to the collision. Our experienced legal team at The Law Office of David E. Gordon & Elissa M. Coombs is here to help.
Is Overloading or Overweighting a Truck a Form of Negligence?
In accident litigation, the defense can argue against automatic negligence, emphasizing the driver or shipper was not necessarily at fault, particularly if they can suggest that the injured motorist contributed to the truck crash. David and Elissa know how to handle these cases and use available facts and evidence to show causation. For example, they could demonstrate that:
- An overweight truck sped up significantly while going downhill
- The excess weight caused the truck to tilt dangerously when it hit bumps and cracks in the road
- The driver applied the brakes as if the truck’s weight was within the legal limit, but failed to stop in time
- Cargo shifted in the trailer while the truck was moving
Our lawyers can use evidence of scenarios such as these to convince insurance adjusters and juries of the link between improper loading or weight limit violations and a Bartlett truck accident.
Proving Commercial Vehicle Weight and Loading Violations
Commercial truck weigh stations are common along major interstate highways, including I-40, I-65, and I-81. Weigh station records are a direct and reliable form of evidence of a truck’s gross weight. This documentation can be critical evidence in a Bartlett lawsuit involving an overweight or overloaded commercial vehicle, establishing negligence and making it easier for crash victims to recover compensation for their injuries.
If a truck bypassed a weight station or records are not available, an experienced personal injury lawyer can use other information to prove the truck was overweight, such as:
- Bills of lading or shipping records from the warehouse or facility that loaded the truck
- The truck’s event data recorder, which provides operational metrics, such as speed, braking distance, and fuel consumption, that forensic experts can analyze to infer a load that exceeds legal limits
- Photographs of the accident scene, particularly of spilled cargo
- Police reports that record the initial impressions of law enforcement authorities who examined the accident scene
- Eyewitness reports of bulging tires or sagging trailer supports, which are indicators of an overloaded truck
David and Elissa can analyze the evidence and build a strong case proving that negligent overloading of a trailer was the primary cause of the accident.
Call a Bartlett Attorney After an Overloaded or Overweight Truck Crash
Cases involving overloaded/overweight truck accidents in Bartlett can be complex. State law requires you to file your lawsuit within one year of the crash date. Contact our team at The Law Office of David E. Gordon & Elissa M. Coombs for a free consultation and crucial representation to recover the compensation you deserve.
