New York Overloaded Trucks
Large trucks such as tractor trailers and semis are not only subject to New York’s Rules of the Road, they are also subject to special state and federal regulations. Included in these special regulations is a requirement that the truck not be overloaded and that its weight is not greater than the gross vehicle weight rating (GVWR) set by the truck’s manufacturer. If a vehicle is overloaded and overweight, it becomes less safe to drive. For example, if the truck is too heavy its brakes may not be as effective, the suspension components can become ineffective, and its tires are more likely to blow out. In other words, if a truck is overweight, it is more likely to cause a truck accident injuring not only the truck driver, but passengers of other vehicles on the road. Just like the victims of a car accident, victims of truck accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Many truck accidents result in death. If you were injured in a truck accident caused by the truck being overloaded, it is important that you immediately contact a New York Overloaded Trucks Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering through a personal injury claim. In addition, if during the course of the treatment for your injuries a medical professional commits medical malpractice, the truck driver or trucking company may be required to compensate you for that as well.Problems Caused by Overloaded Trucks
The GVWR is calculated by taking into account several different factors, including the truck’s:
- Braking system
- Number of axels
- Quality of suspension
- Type of power train
Not only are trucks not permitted to carry more weight than the GVWR permits, with few exceptions on interstate highways, trucks must not exceed a GVWR of 80,000 pounds. In order for a truck to operate effectively and safely, it must not be overweight. The following problems can result from a truck being overloaded:
Speed changes. An overweight truck is likely to move faster going downhill and braking may be more difficult. Similarly, an overweight truck may have a decreased speed going uphill.
Prone to rollover. An overweight truck will be more prone to rollover.
Difficult to steer. The driver of an overweight truck may find it difficult to steer.
Cargo shifting. Cargo of an overweight truck is more likely to shift. Statistics shows that each year approximately 11% of truck collisions resulted from cargo shifts.
Any of these problems that can be caused by a truck being overweight can cause the driver to have less control over the vehicle, resulting in collisions. Because it is a violation of the law to drive a truck that is overweight, if an overweight truck is involved in an accident, there may be a presumption that the truck driver and the trucking company were negligent.Pursuing a Claim
Truck accidents can be devastating to a victim as well as to the victim’s family. Because of the size and weight of large trucks, even low-impact, low-speed accidents can have catastrophic results. Truck accidents can lead to devastating injuries such as a spinal cord injury, broken bones, brain injury, amputation, paralysis, and all too often, death. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. Victims who suffer serious injuries in truck accidents have significant medical bills. In addition, because victims of serious injuries often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity.
If your injury was the result of a work-related truck accident, you may be entitled to workers’ compensation benefits. New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. However, it is important to know that worker’s compensation benefits are limited. Just because the accident occurred at work does not necessarily mean that you are limited to the benefit available through workers’ compensation.New York Overloaded Trucks Lawyer
If you were seriously injured in a truck accident because the truck was overloaded or overweight, it is important that you immediately contact an experienced truck accident attorney as you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: