Brooklyn Overweight Trucks Accident
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 or a car accident caused by a brake failure, it is important that you immediately contact a Brooklyn Overweight Trucks Accident 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 Trucks
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.
- 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 Accident
If you were injured in a commercial truck accident and it is determined that the truck driver was at fault, the type of damages that you may entitled to depends on such factors as the extent of your injuries and your employment history.
- Medical expenses. If you are seriously injured in a truck accident you will undoubtedly accumulate a significant number of medical bills. These bills may start with the fee for the ambulance ride to the emergency room. Then you will have the emergency room fee. If you are admitted to the hospital, you will get billed for all services related to your hospital stay. Once you are released from the hospital, you will have follow-up visits with your doctors. You may also have to take prescription medication, and you may have to go to physical therapy.
- Lost wages. Any serious injury will take some time for recovery. No matter how much you want to return to work you may not be able to for quite some time. In the meantime you are accumulated medical bills and your household bills have to be paid. As part of your personal injury lawsuit you can ask the court to award you compensation for the paychecks that you are no longer receiving because you are not able to work. .
- Pain and suffering. Pain and suffering is a type of damage award that compensates victims for both the physical pain and emotional suffering they experienced as a result of the accident.
- Wrongful death. Unfortunately, in some cases victims of truck accidents suffer injuries that are so severe that the victim passes away. In such cases certain family members may be able to recover damages in a wrongful death lawsuit.
If 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 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.