Just like with a car accident, there are many causes for accidents involving tractor trailers and other large trucks. One reason is the weight of the truck. If a truck is overweight, it is more likely to cause a serious accident. Each large truck has a gross vehicle weight rating (GVWR) set by the truck’s manufacturer. No truck should ever be loaded beyond its GVWR. If a vehicle is overloaded, 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. 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 are fatal. If you were injured in a truck accident caused by a brake failure, it is important that you immediately contact a New York Overweight 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 while treating you for your injuries your doctor is negligent, resulting in a medical malpractice claim, the truck driver may be legally required to compensate you for that as well.
Problems Caused by Overweight or Overloaded TrucksNot 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.
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 for an Overweight Truck AccidentTruck 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.
If a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.
New York Overweight Trucks LawyerIf you were involved in a truck accident that occurred because the truck was overloaded, it is important to immediately contact an experienced truck accident attorney at 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 800.696.9529 to schedule a free, no obligation consultation regarding your case.