The sheer size and weight of trucks make them particularly hazardous to drivers in a collision. If you have been injured from a crash that you believe to be due to an excessive load the 18-wheeler was carrying, you should reach out to a St. Augustine overweight truck accident lawyer for help.
A personal injury attorney could analyze your situation, explain your legal rights, and discuss your available options to pursue compensation. With the help of a local truck accident lawyer, you could seek out a favorable resolution to your current situation.
How Do Overweight Trucks Cause Accidents?
When a truck is overweight or overloaded, the vehicle’s performance will typically suffer. The driver may be surprised when the truck goes down an incline much faster than they generally experience, which will require additional braking force to stop in time. Overloaded trucks traveling on a slope are more likely to suffer tire blowouts, rollovers, loss of steering control while lane-changing, or during sharp and sudden turns.
Furthermore, the uneven driving that results from an overloaded vehicle might cause cargo to shift resulting in improper load distribution. The truck’s load must be distributed correctly to prevent an imbalance by overloading one single axle on the vehicle. This makes it more likely to lead to accidents or rollover incidents. If a victim believes they have experienced one of these types of accidents, a St. Augustine overweight truck accident attorney could help them build a claim based on their experience with similar cases.
Potentially Liable Parties
When a plaintiff brings a claim for their injuries resulting from an overweight truck accident, there may be several different parties that could be held liable. To hold a party responsible, it must typically be shown that their negligence caused the accident and the plaintiff’s resulting injuries.
The Trucker
If a St. Augustine overweight truck accident attorney determines it is best to pursue the trucker as the party responsible for the accident, they will typically do so by proving the following elements of negligence were present:
- Duty-The trucker had a duty of care toward other motorists and the plaintiff
- Breach-The truck driver failed to heed this duty by overloading the vehicle to an unsafe degree
- Causation-The injuries the plaintiff experienced are a result of this negligent act
- Damages-The plaintiff suffered financial losses as a result of the injuries
The Truck Company
However, the trucker themselves is not the only party that could be held responsible for the accident. Under Florida Statutes §440.11, an employer may be held vicariously liable for the actions of their employees made during their business.
Some trucking companies encourage their drivers and other employees to load trucks to dangerous levels, potentially causing accidents. If such is the case in the plaintiff’s case, a St. Augustine overweight trucking accident attorney could seek to find the trucking company, rather than the trucker, negligent and thereby liable for the accident. This may be particularly beneficial to the plaintiff because the company will generally have greater financial recourses with which to compensate the plaintiff.
Reach Out to a St. Augustine Truck Accident Attorney Today
After an automobile accident involving a truck, you may be suffering from ongoing injury and trauma. To hold those responsible for this accident financially liable, you should reach out to a St. Augustine truck accident lawyer today. So, call today to discuss the details of your situation and how you can begin to build a case.
