Cumming Oversized/Overloaded Vehicle Accident Lawyers

Did you suffer injuries in an accident involving a commercial truck? Was it the result of an oversized or overloaded vehicle? If so, contact the truck accident lawyers of Jonathan R. Brockman, P.C. to represent you in your case. You might be entitled to compensation from the truck driver or trucking company for their role in causing the crash. We’ve been advocating for our clients for 30 years and can help you pursue the money you need to recover from your injuries.

You can count on us to fight hard for the justice you deserve. What happened to you isn’t fair. Someone else should be financially responsible for the medical bills, prescription costs, and other expenses you incurred. When a truck driver loads their vehicle beyond the maximum allowed size and weight limits, they can’t maneuver safely. The extra pounds can also put an enormous amount of pressure on the tires, resulting in a blowout.

At Jonathan R. Brockman, P.C., our team of Cumming oversized/overloaded vehicle accident lawyers has the experience, knowledge, and resources to protect our clients’ rights and hold others liable for the harm they cause. Call us at (770) 205-8827 for a free consultation and learn more about how we can help.

Regulations Truck Drivers Must Follow

The Federal Motor Carrier Safety Administration sets standards employees in the trucking industry must meet. Truck drivers should never exceed the maximum driving hours in a shift or consume alcohol before operating their vehicles. These standards are supposed to ensure truck drivers don’t put anyone in harm’s way.

Federal and state regulations also exist to prevent someone from loading too much cargo on the truck. An overloaded or oversized vehicle can create problems for the driver. It might be more difficult to have complete control over the truck. A heavier vehicle means requiring a longer stopping distance than usual. The driver could also lose their cargo during transport, creating obstacles for other motorists.

Federal Weight and Size Regulations

Any commercial driver operating their vehicle on the National Network of Highways must stay within these size limits:

  • Overall length – Length restrictions aren’t typical for most tractor-semitrailers. However, combination vehicles with racks designed specifically for automobiles or boats must stay under 65 or 75 feet. The exact length depends on the tractor and trailer connection type.
  • Height – No limit.
  • Width – Individual states are not allowed to issue limits lower or higher than 102 inches. Calculating these measurements should not include devices used to efficiently and safely operate the vehicle, such as handholds or mirrors.
  • Trailer – Federal regulations prohibit state laws restricting the size of a semitrailer to below 48 feet for tractor-semitrailer combinations. If the truck is a tractor-semitrailer-trailer combination, limits under 28 feet are not allowed.

Drivers traveling to other states using the Interstate Highway System cannot exceed these weight limits:

  • 20,000 pounds for a single axle vehicle
  • 34,000 pounds for a tandem axle truck
  • 80,000 pounds gross vehicle weight

Gross weight limits are in place for different vehicles operating in Georgia:

  • Single axle – 20,340 pounds for low-pressure tires. 18,080 for high pressure, cushion, or solid rubber tires.
  • Tandem axle – 34,000 pounds. 40,680 pounds for trucks with a gross vehicle weight under 73,280 and less than 55 feet long.
  • Tridem axle – Per the Federal Bridge Formula.
  • Gross weight – 80,000 pounds if gross vehicle weight is between 73,280 and 80,000 pounds.
  • Other – 1,000 pounds tolerance on axle loads.

A truck driver could avoid obtaining a special permit to exceed weight limits on non-interstate highways if the cargo they’re transporting isn’t over 23,000 pounds on a single axle or over a 46,000-pound tandem axle vehicle. The gross weight should also be under 80,000 pounds if the load contains:

  • Freshly mixed concrete in an unhardened state to deliver to a customer.
  • Forest products cut from the forest and transported for the first point of marketing or processing.
  • Feed to a farm from a feed mill.
  • Poultry waste from its point of origin for delivery to a farm.
  • Cotton or live poultry from a farm to a processing plant.
  • Solid waste or recovered materials for delivery to a solid waste handling facility or another processing facility.
  • Naturally-occurring raw ore or mineral. This can include block or sawed granite. It should come from the stockpile area or quarry and deliver to a processing plant within the same county or an adjoining county.

When a truck driver or trucking company disobeys state and federal laws, they increase the risk of an accident. These laws exist for a reason. Commercial trucks can only handle so much weight before it affects vehicle functioning and the driver’s ability to avoid a crash. Any violation of weight and size regulations could result in liability for an accident and a monetary award covering your expenses.

Common Causes of Truck Accidents Involving An Oversized or Overloaded Vehicle

An improperly loaded commercial truck can put the truck driver and those around them in danger. However, other factors could contribute to an accident. Driver error is a common cause of collisions between large trucks and small cars. Truck drivers spend long hours on the road, resulting in fatigue. This can lead to mistakes and poor judgment that cause accidents.

The most common behaviors associated with truck accidents are:

  • Tailgating
  • Speeding
  • Failure to check blind spots
  • Driving under the influence of drugs or alcohol
  • Drowsy driving
  • Driver distraction
  • Failure to yield
  • Failure to properly flag an oversized vehicle
  • Oversized load escort vehicles’ failure to comply with regulations
  • Unsafe lane changes or passing

Combine any of these with an oversized or overloaded truck, and you’ve got a recipe for disaster. Speeding only adds to the complications. A truck containing more cargo than it should carry will require a greater stopping distance that the driver might not account for. If traffic ahead comes to a standstill, their high speed will prevent them from stopping in time. A trucker becoming distracted by their cell phone won’t notice an obstacle in front of them until it’s too late. Even poor weather conditions can contribute to how a truck functions on the road.

You have the right to pursue legal action against the at-fault truck driver or their employer for the harm you suffered. Jonathan R. Brockman, P.C. is ready to be your advocate and help you through this devastating period in your life.

Parties You Can Hold Liable for An Overloaded or Oversized Truck Accident In Cumming

Accident victims often look to the other driver for compensation without considering anyone else. Although the truck driver was in the accident with you, it doesn’t necessarily mean they were at fault. Their actions could very well have been the reason you sustained injuries. However, their employer could be held liable if their actions put a dangerous or inexperienced truck driver on the road.

It’s also entirely possible that a manufacturing company is to blame for providing a defective vehicle part. Even if the truck driver overloaded their truck, the defect might have caused their brakes to malfunction, leading to a collision.

Parties typically at fault for truck accidents include:

  • Truck driver
  • Trucking company
  • Maintenance and repair companies
  • Parts manufacturer
  • Cargo loading company

Determining liability after an accident is important so you know who you can go after for compensation. Each party likely has different types of insurance coverage through different insurance companies. The settlement you’re able to seek will depend on the coverage listed on the at-fault party’s policy. We can investigate the crash and find evidence proving who was at fault. We’ll review their insurance policy for the coverage information and pursue the amount you need to compensate for your losses.

You Might Be Entitled to Compensation from the Trucking Company’s Insurance Company

Trucking companies must follow federal regulations when purchasing insurance policies for their drivers. There are liability coverage amounts meant for the weight of the truck being driven and the type of cargo it contains. If one of their drivers is in an accident, the insurance company could provide a settlement to the victim covering their expenses. However, insurance companies can be difficult to deal with and often use tactics designed to allow them to get away with paying as little money as possible. Understanding your rights and the maximum compensation you’re entitled to is crucial in a case like this.

The losses you can pursue in an insurance claim are:

  • Medical bills
  • Mental anguish
  • Property damage
  • Lost wages
  • Lost earning capacity
  • Disability
  • Pain and suffering

These losses might also be available if you choose to file a lawsuit. The statute of limitations to sue someone for causing an accident in which you were injured is two years in Georgia. That means you have two years from the crash date to file, or you could lose your right to seek compensation in this case, now and in the future.

Speak To A Dedicated Cumming Oversized/Overloaded Vehicle Accident Lawyer

Jonathan R. Brockman, P.C. has an experienced and compassionate team that will go above and beyond to meet and exceed your expectations. We will never place our interests above yours. When we first meet, we will thoroughly review the accident details to determine an effective plan to reach your legal goals. You will receive personalized attention from start to finish of your case.

We take cases on contingency, so you don’t have to worry about upfront fees or costs. If you don’t get paid, we don’t get paid. Call Jonathan R. Brockman, P.C. at (770) 205-8827 now if you were hurt in an overloaded or oversized truck accident in Cumming and want to meet with us for a free consultation.

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