As large as they are, trucks carry a significant amount of weight, and that leads to a high level of risk when it comes to accidents. One of the steps your attorney will take is determining who is liable in an overloaded truck accident. This could be the driver, the company that owns the vehicle, or a third party that loaded it. Talk to a Tulsa truck accident attorney today about your case.
How to Determine Who Is Responsible in an Overloaded Truck Accident
Evidence in your case will help prove who is responsible for the injuries and losses suffered. Ultimately, this comes down to a few specific situations.
Regulatory Compliance
Most trucks have both federal and state compliance laws that limit how much weight they can carry based on the number of axles on the vehicle. If the vehicle’s weight exceeds these limits, and they do not have a permit to carry weight over that limit, the truck driver and trucking company could be held liable. Because these are federal and state laws, truck drivers and trucking companies know these rules.
More so, the truck company may be responsible for accidents brought on by poor maintenance. If the truck’s tire blows out, and the trucking company knew there was a risk or should have known of the risk, they could be held responsible for those losses. Any violation of maintenance or other upkeep of the truck could be the owner’s fault.
Willful Overloading
In some situations, the truck driver knew there was a risk and violated their duty to provide safety for other drivers on the road. This could include owner-operators who act in a negligent manner by overloading a truck.
Note that truck drivers can be liable if they inspect the truck, know it is overloaded, and get behind the wheel, even if they did not load the truck themselves. They also have technology built into their trucking systems to make this clear.
Cargo Loaders
Many companies today have cargo loaders or specialized third-party organizations that handle the loading of the vehicles. These organizations may pack the trailer for a tractor to pick up and take on its way. If the truck loading company failed to oversee the loading requirements for safety or proper compliance, they could be held responsible for the injuries.
Training and supervision of this process is key. In a high-turnover industry like the trucking industry, it is not uncommon for those working within the cargo loading industry to lack proper training on how to minimize such risks.
Data from the accident is only one component of evidence to build a case. With the help of a truck accident attorney, it may be possible to determine liability in a truck overloading accident by using communication logs, commercial vehicle black boxes, navigational systems, and witness statements.
The complexity of these cases is clear. That is why it can be critical to work with a truck accident attorney from Gorospe Law Group who can help you navigate your rights as a victim in an overloaded truck accident case. Call today for a free consultation.