Overloaded Truck Accident Victims Legal Rights

July 7, 2023
Nares Law
11:14 am

Overloaded trucks pose serious dangers on Colorado highways and across the nation. When trucking companies or drivers ignore weight restrictions, they put lives at risk. Understanding overloaded truck accident victims legal rights is essential for anyone injured in such a crash. From proving liability to pursuing compensation through personal injury lawsuits, victims must act quickly to protect their future. An experienced truck accident attorney can guide them through every step of this complex process.

The Dangers of Overloaded Trucks

Overweight and overloaded trucks are more difficult to control, take longer to stop, and are more likely to tip over. Even experienced truck drivers can struggle when loads exceed safe limits.

Key risks include:

Brake failures due to excessive weight
Increased stopping distances that lead to rear-end collisions
Tire blowouts from overloading
Higher rollover risk on curves and ramps
Greater force of impact in a crash

These dangers are why federal and state agencies enforce strict weight restrictions. Unfortunately, violations are common.

How Regulations Impact Overloaded Truck Accident Victims Legal Rights

The Federal Motor Carrier Safety Administration (FMCSA) and state agencies regulate truck weight through load limits and weigh stations. However, random inspections mean many overweight trucks avoid detection.

When an accident occurs, proving that weight violations caused the crash strengthens a victim’s case. Violations of FMCSA rules often serve as strong evidence of negligence in personal injury lawsuits. In some cases, breaking these regulations can establish negligence automatically, making it easier for victims to prove fault.

Victims must also show that:

The harm suffered is the type the regulation was designed to prevent.
They are among the group of people protected by the regulation.
There is a direct causal link between the excessive weight and the accident.

Liability in Overloaded Truck Accident Cases

Determining liability is one of the most important aspects of overloaded truck accident victims legal rights. Several parties may be responsible:

Truck driver: For knowingly operating an overloaded vehicle.
Trucking company: For encouraging unsafe practices or ignoring safety checks.
Cargo loaders or shippers: For improperly loading or exceeding safe limits.

Even if the trucking company did not directly overload the truck, it may still face vicarious liability for the negligent actions of its employee driver. This concept allows victims to pursue compensation from the company’s insurance policy, which often has higher coverage limits than the driver’s alone.

Types of Damages Available to Victims

Victims of overloaded truck accidents may be entitled to both economic and non-economic damages. These include:

Medical expenses: Hospital bills, surgeries, therapy, and medications
Lost wages: Compensation for missed work and reduced earning capacity
Property damage: Repairs or replacement of damaged vehicles and belongings
Future medical care: For catastrophic injuries requiring long-term treatment
Pain and suffering: Non-economic damages for emotional and physical harm
Loss of enjoyment of life: If injuries prevent victims from engaging in daily activities or hobbies

These damages aim to restore victims as much as possible to their pre-accident condition.

Personal Injury Lawsuits and Statute of Limitations

Understanding time limits is crucial in protecting overloaded truck accident victims legal rights. Colorado, like other states, enforces strict statutes of limitations for personal injury lawsuits.

If victims fail to file within this period, their case may be dismissed, even if fault is clear. Additionally, waiting too long can result in lost evidence, such as driver logs, inspection records, or witness testimony.

Promptly consulting with a truck accident attorney ensures deadlines are met and evidence is preserved.

How a Truck Accident Attorney Protects Victims’ Rights

Overloaded truck accident cases are complex, often involving multiple defendants, federal regulations, and powerful insurance companies. A skilled truck accident attorney helps by:

Investigating the crash and securing evidence from weigh stations, driver logs, and cargo records
Identifying all potentially liable parties
Working with experts in accident reconstruction and trucking safety
Negotiating with insurers to maximize compensation
Filing a lawsuit when necessary and representing victims in court

With an attorney’s help, victims can focus on recovery while their legal rights are protected.

Contact a Truck Accident Attorney in Colorado

If you’ve been injured in a crash caused by an overloaded truck, you need to know your overloaded truck accident victims legal rights. At Nares Law Group, we fight for victims and hold negligent drivers, companies, and loaders accountable.

Call 720-637-7786 today or complete our online form to schedule a free consultation with an experienced Colorado truck accident attorney.