Overweight / Overloaded Trucks

There are many risks associated with an overweight or overloaded truck. Excessive weight improperly placed on a truck can destabilize the vehicle and increase the risk of losing control on the road. When a truck is overloaded, it is much more difficult to steer effectively. Additionally, an overweight or overloaded truck has a much higher chance of tipping over when making a turn, especially if the weight is not distributed evenly. These are simply the inherent risks of driving an overweight or overloaded vehicle. If there is bad weather or the roads are poorly constructed, all these risks increase drastically.

A collision with an overweight or overloaded truck can have dire emotional, physical, and financial consequences for the driver and passengers in the smaller vehicle. Skilled Marietta truck accident lawyer Norman Miller understands that an accident can be a traumatic experience for the victims and their family members. That is why we are committed to providing compassionate and competent guidance to all of our clients.

According to the Georgia Department of Transportation, a tractor-trailer on a Georgia street or highway may not weigh more than 20,340 pounds if it has a single axle. The amount doubles to 40,680 pounds if the truck has two axles. The weight limits increase incrementally depending on the size of the truck. The absolute maximum weight a truck can be is 80,000 pounds if it has five axles. Georgia law also imposes strict limits on the maximum size of a truck, including specific length and width requirements.

If you have been injured due to an overweight or overloaded truck, you may have a valid negligence claim against the truck driver and the driver’s employer. To succeed on a negligence claim in this context, an accident victim must prove the following elements:

1. The victim was owed a duty by the driver to not drive an overweight or overloaded truck;
2. The driver breached his duty by driving an overweight or overloaded truck;
3. The driver’s breach in driving the overweight or overloaded truck caused or contributed to the accident; and
4. The victim suffered injuries or property damages as a result of the accident.

Truck drivers have a legal obligation, just like all other drivers, to operate their vehicles in a manner that prevents foreseeable harm. If a truck driver overloads his truck, it is foreseeable that he could lose control of the vehicle and cause an accident. In such an instance, the truck driver’s actions could be deemed negligent.

If someone you know has been killed in an overweight or overloaded truck accident, you may have a valid wrongful death claim and may be entitled to compensation. Only certain surviving family members are eligible to bring a wrongful death claim, so it is important to consult an experienced attorney who can accurately advise you on the matter.

Once a victim establishes liability, he or she may be entitled to compensation for any injuries or property damages that resulted from the accident. Whether it is through a settlement or a verdict at trial, you may receive compensation for present and future medical expenses, present and future lost wages, property damage, pain and suffering, and any other costs associated with the accident. In wrongful death claims, your damages might include medical and burial expenses, lost earning capacity, and the loss of your loved one’s companionship, although no sum of money can fully compensate you for it.

We will be happy to set up a free consultation to evaluate the facts of your overweight and overloaded truck accident. Norman Miller is a Marietta truck crash attorney with over 30 years of experience and a reputation for being an attentive advocate for his clients. If you or someone you know has been injured due to an overweight or overloaded truck, you should consult an attorney immediately to learn about all your options. Call us at 770-284-3727 or contact us online for a free, no-obligation consultation today, even if you are not sure whether you have a claim.