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Overloaded and Overweight Trucks

Accidents involving overloaded or overweight commercial trucks are typically catastrophic and result in serious injuries and oftentimes death. If you or someone you love was injured as a result of an overweight semi-truck or other commercial truck, contact Schultz & Myers, LLC at 314-444-4444 to help you get the compensation to which you may be entitled. 

Understanding Overloaded and Overweight Trucks

A commercial truck that is overloaded and overweight poses a hazard to every single vehicle and person on the roadways. The U.S. Department of Transportation has several guidelines regarding the use of commercial trucks. An overloaded and overweight commercial truck could cause a danger to everyone near them for several reasons, including the following: 

  • Heavier trucks need a longer stretch of road in order to be able to come to a complete and full stop. 
  • Heavier trucks go faster down hills, also making the commercial truck harder to stop. 
  • Attempting to press too long and too hard on the brakes during these periods of time may make the truck brakes completely fail, causing catastrophic damage. 
  • Heavier trucks oftentimes burst tires due to the immense and incredible weight and pressure placed upon them. 
  • All commercial trucks have a higher center of gravity; the heavier the truck is, the more likely it is to roll over if the truck driver needs to swerve quickly to avoid a hazard or debris in the roadway. 

In order to prevent these disasters, a commercial truck should never be oversized or overweight. Accident prevention goes a long way, and every truck driver and trucking company should ensure that the weight distribution and total weight of the truck meet all industry safety standards. To ensure that the weight is correct and a truck is not overloaded or overweight, truck drivers may go to weigh stations to ensure that their truckload is weighed and in compliance with all mandatory trucking laws regarding load and weight. 

Injuries Suffered From Overloaded and Overweight Trucking Accidents 

Trucking accidents that result from overloaded and overweight trucks are typically catastrophic in nature. Oftentimes, trucks careen down hills, unable to stop; if the brakes fail, they are unable to stop in time, or they completely tip over. Other motorists on the roadways fall victim to these horrific accidents, all due to the fact that the truck driver or trucking company failed to properly load and weigh the commercial vehicle. 

Some of the injuries suffered from overloaded and overweight trucks can include traumatic brain injuries, whiplash, spinal cord injuries, internal organ damage, broken and fractured bones, lacerations, cuts, bruising, and burns. Oftentimes, the cargo from overloaded and overweight trucks, which can be toxic or flammable, spills out onto the highway causing even more serious injuries or death.

If you suffered an injury, or your loved one suffered death due to an accident involving an overloaded and overweight truck, contact an overloaded and overweight truck accident lawyer in St. Louis at Schultz & Myers, LLC at 314-444-4444 to help you conduct an independent investigation of the trucking accident to ensure you receive just compensation. 

Determining Liability 

If you were injured in a trucking accident due to an overloaded and overweight truck, you may be able to sue for damages under a general theory of negligence. The truck driver and trucking company put the general public at risk by allowing the operation of an overloaded and overweight truck on the roadways. The truck driver may be held responsible if they were the ones that authorized and approved the loading of the truck. 

The trucking company that employs the driver may also be held liable and responsible for the overloaded and overweight truck. Additionally, if a third party company was found to be responsible for loading the truck, they may also be held responsible for any injuries or damages to a victim. Ultimately, there are several parties that may be held liable for a victim’s injuries following a serious trucking accident due to an overloaded and overweight truck. 

Spoliation Letter Helps Preserve Evidence

It is critical that a spoliation letter is sent to the truck driver, trucking company and any other possible liable party following the trucking accident in order to preserve any evidence regarding the overloaded and overweight truck. In many cases, the trucking company may attempt to intentionally destroy or alter evidence related to the weight or load of a truck that was involved in an accident. Once that evidence is gone, it can no longer be used in a personal injury lawsuit. This type of evidence is necessary to bolster the claim that the commercial truck was truly overloaded and overweight, which directly led to the accident and a victim’s injuries. 

Even if a court of law sanctions the trucking company for the failure to provide the evidence, obtaining the evidence in the first place is crucial to building a strong claim. A St. Louis trucking accident lawyer will be able to help a victim draft and send this spoliation letter to a truck driver and trucking company as soon as possible following an accident. 

Contact an Overloaded and Overweight Truck Accident Lawyer in St. Louis 

If you were involved in a trucking accident that you believe was a direct result of an overloaded and overweight truck, contact Schultz & Myers, LLC today at 314-444-4444.

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