Trucks that carry too much cargo, or improperly loaded cargo, risk mechanical failure and serious accidents. These accidents are completely preventable, and when they happen, the responsible parties must pay for the harm they cause.
Contact Phillips Law Group if you were hurt in an overloaded/overweight truck accident in Mesa or elsewhere in the area. Our committed truck accident attorneys can help you pursue appropriate compensation from the responsible parties.
Laws Govern How Much Weight a Truck Can Haul
Federal regulations establish the amount of weight a truck can safely carry. The calculation is primarily based on the number of axles. In the U.S., a truck can weigh no more than 80,000 pounds and can haul no more than 20,000 pounds on a single axle and no more than 34,000 pounds on a double axle.
Operating trucks is expensive, and trucking companies try to squeeze as much profit as possible out of every run. They have a financial incentive to overload their vehicles, and trucks frequently carry too much weight.
Violating safety laws and regulations like those establishing weight limits for trucks is negligent. When a truck is overweight or overloaded and gets into a crash, the trucking company, driver, and the company that loaded the truck could all be held responsible. A Mesa attorney can identify all the parties who had a role in the truck being overweight and file claims against them.
Excess Weight Causes Mechanical Problems
Trucks are difficult to drive even when properly loaded. They accelerate slowly, take considerable time to brake to a stop, are hard to steer, and have large blind spots. Trucks are also prone to rollovers.
When a truck is overweight or overloaded all these qualities are magnified. In addition, the extra weight puts stress on the vehicle. Carrying too much weight could lead to:
- Difficulty controlling speed going downhill
- Inability to ascend a steep hill
- Load shifts, which could cause rollovers
- Steering distortions
- Tire failure or blowout
- Overheated brakes
- Broken axles
These issues could lead a trucker to lose control of their rig and cause an accident.
An attorney in Mesa can review police reports, the trucker’s log, cargo manifests, and other information to find evidence that issues with the truck’s load contributed to an accident. They can use this proof to support an injured person’s claim for damages.
Establishing Damages After a Truck Accident
A trucking company’s violation of truck weight standards makes them liable to compensate an injured person for their losses. The injured person, or plaintiff, still must prove their damages to receive compensation.
The plaintiff can seek reimbursement for documentable losses like lost income, medical expenses, and incidental costs related to the injury. They can also seek compensation for non-economic losses like physical pain and emotional suffering. Non-economic losses can be proven through medical records, photographs, day-in-the-life videos, and testimony from the injured person and their associates.
Trucking companies often try to limit the amount they pay by shifting responsibility onto an injured person. Arizona Revised Statutes §12-2505 makes every party to a lawsuit responsible for the effects of their conduct. When an injured person’s behavior contributes to their injuries, they cannot collect 100 percent of their damages. A Mesa attorney can defend an injured person against these attempts and ensure they receive appropriate compensation.
Punitive Damages
Punitive or exemplary damages punish a wrongdoer for intentional acts that harm someone else. Although punitive damages are rarely awarded in personal injury cases, a judge might award them in an overweight truck accident case. A legal professional could argue that trucking companies are aware of the safety issues overloading triggers and establish that the sole purpose of overloading was to increase profits.
Pursue Compensation After a Truck Accident With a Mesa Attorney
There is no excuse for a truck to be overweight or overloaded. If you were injured because a truck carried too much weight, you must hold the trucking company accountable.
Schedule a free consultation with our team at Phillips Law Group after an overloaded or overweight truck accident in Mesa. We can help you get justice.
Our team has over 30 years of experience helping the local community and is not afraid to stand up against these large trucking companies even if it means taking matters to court. Please reach out today for a no-cost, no-obligation consultation to find out more!
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