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Help for Oversize Truck Crash Victims
The Federal Motor Carrier Safety Administration (FMCSA) reported nearly 160,000 truck crashes in the United States in 2023, including almost 75,000 injuries and 5000 deaths. When it comes to transportation and road safety, the issue of overweight and oversized truck accidents remains a vital concern.
These large vehicles, while essential for transporting goods across long distances efficiently, pose significant risks when they exceed legal limits or dimensions.
Below, we’ll explore some of the implications of trucking collisions caused by overweight and oversized trucks, the causes behind them, and the legal aspects involved.
What Constitutes an Overweight and Oversized Truck?
An “overweight” truck is a commercial vehicle that, between the rig and its load, is heavier than the maximum weight limits prescribed by law.
The National Vehicle Size and Weight Team, as part of the Federal Highway Administration (FHWA), mandates limits to ensure the safety of roads, bridges, and other infrastructure and to help protect them from excessive wear and tear caused by heavy loads. In the US, each state has specific regulations governing the maximum allowable weight for trucks, which typically include gross vehicle weight, axle weight, and tire weight limits.
Oversized trucks, on the other hand, are those that physically exceed the standard dimensions allowed for commercial vehicles, also per the FHWA. This includes trucks that are higher, wider, or longer than what’s legally permitted.
The FHWA sets the federal regulations related to commercial vehicle size. Transporting oversized loads requires special permits and following strict guidelines to ensure that transit is safe.
Causes of Overweight and Oversize Truck Accidents
The most common cause of these collisions is negligence on the part of trucking companies or drivers. This often includes a failure to properly distribute cargo weight, ignoring weight restrictions, or not following the proper procedure for permitted oversized loads.
Non-compliance with these regulations significantly increases the risk of accidents and injuries to both truckers and those sharing the road with them.
Other causes can include:
Handling and Maneuverability Issues
Overweight and oversized trucks respond differently and have different handling requirements compared to standard commercial vehicles. These rigs need more space to maneuver, require longer stopping distances, and are more prone to tipping over or jackknifing, especially in adverse weather conditions or on winding roads.
Infrastructure Limitations
Roads, bridges, and tunnels are designed to accommodate vehicles within certain weight and size limits.
If a truck exceeds these limits, it can cause serious damage to infrastructure, leading to accidents such as bridge collapses or road surface failures.
Poorly maintained infrastructure exacerbates these risks. Government agencies responsible for road maintenance, including the FHWA, are required to address infrastructure deficiencies to enhance road safety for all motorists.
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The Impact of Collisions Involving Trucks That Are Too Big
Overweight and oversize truck accidents can have far more serious consequences than those with smaller, lighter vehicles and more greatly affect individuals, infrastructure, and even the environment.
Due to the greater size and mass of these vehicles, the damage and danger they pose can be significantly greater than with standard trucks.
Common injuries in overweight and oversized truck accidents include:
- Spinal cord injuries – Severe impacts can cause damage to the spinal cord, leading to paralysis or chronic pain.
- Traumatic brain injuries (TBI) – The force of a collision may result in concussions, brain damage, or other cognitive impairments.
- Broken bones – High-impact crashes often lead to fractures in the arms, legs, ribs, or pelvis.
- Internal injuries – Damage to organs like the lungs, liver, or kidneys can occur due to the massive force of the accident.
- Whiplash and neck injuries – Sudden jolts can strain or tear muscles and ligaments in the neck and shoulders.
- Severe lacerations or amputations – Shattered glass, metal, or vehicle parts may cause deep cuts, while some accidents can lead to lost limbs.
- Burn injuries – Fires or explosions from fuel spills can result in burns, sometimes requiring extensive medical treatment.
Most of these injuries often require prolonged medical care and rehabilitation and can result in long-term, or even lifelong disabilities and care needs.
Regulatory Measures and Safety Initiatives
Federal and state authorities enforce strict regulations governing the allowed weight and size of commercial trucks. These regulations aim to ensure road safety, protect infrastructure, and lessen environmental impacts.
Compliance with these regulations is crucial for preventing accidents and minimizing risks.
Advancements in trucking technology, such as load monitoring systems, electronic stability control, and collision avoidance systems, can improve the safety of trucks. Implementing these technologies can mitigate risks associated with handling and maneuverability.
Legal and Financial Ramifications of Oversized and Overweight Trucking Crashes
An overweight and oversize truck accident can lead to significant legal and financial consequences for everyone involved. When trucks exceed size or weight limits and cause accidents, the legal process can be complicated, as they may involve multiple regulations, penalties, and liable parties in potential lawsuits.
The financial repercussions on trucking companies, accident victims, and even local government can be substantial as well, including penalties for violating size or weight regulations. Depending on the severity of the violation, trucking companies may face penalties ranging from hundreds to thousands of dollars per violation.
Companies may also face suspension or revocation of their operating licenses, while drivers can lose their commercial driver’s license if they are found to have knowingly operated an overweight or oversized truck in violation of state or federal regulations.
Liability for Damages
When an overweight or oversized truck causes an accident that leads to injury or damages, liability (who’s at fault) is a key issue. A trucking company, the truck driver, or both may be held responsible, as can maintenance companies and even manufacturers. These responsibilities can include property damage, medical expenses, and other financial losses suffered by the victims.
Victims of an overweight and oversize truck accident often pursue negligence claims against the trucking company, driver, or other involved parties.
A negligence claim argues that the company or driver failed to take the reasonably accepted steps to prevent the accident (in this case, adhering to size and weight regulations), did not properly maintain the vehicle, or failed to ensure that the load was correctly distributed.
For example, if the trucking company failed to ensure that the load weight was properly distributed on a truck, they may be deemed negligent.
Drivers who do not follow safety protocols or exceed legal speed limits while driving an overweight vehicle could also be held accountable. In a successful negligence claim, accident victims may recover compensation for both noneconomic and economic losses, including their medical expenses, lost wages, pain and suffering, and other related costs.
Compensation for Victims
If you’ve been the victim in an overweight and oversize truck accident, you may be entitled to compensation for a range of damages, including medical bills, lost wages, and long-term care costs.
In accidents resulting in serious injuries or fatalities, this compensation can also cover pain and suffering, funeral expenses, emotional distress, and loss of future income.
A qualified truck accident lawyer can help assess the extent of your injuries, suffering, and losses and establish a financial value that includes all of your current and anticipated damages.
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Let Curcio Law Advocate for You After Your Crash With an Overloaded Tractor-Trailer
At Curcio Law, we understand that while commercial trucks play a vital role in our country’s logistics and commerce, their operation presents significant challenges and risks on the road, especially when they are negligently overweight or oversized. We also believe that understanding the causes, impacts, and regulatory measures surrounding these vehicles is crucial for promoting road safety and minimizing accidents.
By following legal requirements, implementing safety technologies, and fostering awareness, we can all work together to lessen these risks. If you’ve been injured or suffered a loss due to an accident with an overweight or oversized commercial vehicle, our experienced attorneys can help you seek justice and fair compensation. Get in touch with us if you need help.
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