When Truck Overloading Causes an Accident

Among the potential risks for a truck accident is truck overloading, which involves loading the truck beyond its intended weight capacity. In some cases, this may be the cause of a truck accident and injuries stemming from it. Colorado truck accident attorneys in Aurora may name a trucking company as liable for serious or fatal truck accidents and resultant injuries in this case.

Dangers of Truck Overloading

Trucks can have difficulty stopping because of their size and weight. But when weight limits are exceeded, it can make slowing even more challenging. This may increase risk of a truck running into the back of another vehicle.

Another issue is with the tires. There is a higher risk of a blowout when extra weight is added, which can lead the driver to lose control, causing a truck accident with injuries.

Additionally, truck overloading can make navigating hills challenging. Going uphill can be slow, which could pose a hazard to vehicles that approach from blind spots or around corners. Going downhill could cause the truck to gain more momentum than expected from excess weight and pick up speed. As a result, the driver could potentially lose control or have difficulty applying the brakes.

Steering can also be a challenge when the weight shifts in an overloaded truck. This could increase the likelihood of a rollover accident.

If a truck’s load is thought to be to blame for a truck accident and its injuries in Colorado, a truck accident attorney in Aurora can examine compliance with federal regulations pertaining to weight limits for commercial trucks.

Rules Pertaining to a Truck’s Weight Limits

The Federal Motor Carrier Safety Administration (FMCSA) oversees trucking industry regulations. Safety standards are enforced regarding the weight limits of loads that the truck may carry.

When considering the maximum weight of a load, it’s not just the cargo that is taken into account. There are other factors that may impact this, such as the curb weight (the truck itself, with no passengers or cargo). The other factors that may affect the maximum weight is tire load limits and vehicle capacity weight (maximum weight that can be carried).

The state of Colorado has axle weight limits that affect the transferring of cargo in a commercial vehicle. For instance, a single axle has a maximum weight limit of 20,000 pounds on any highway.

For a tandem axle (truck with a trailer attached) it is 36,000 pounds on an interstate highway and 40,000 on a non-interstate highway. A Colorado truck accident attorney may look at a violation of weight limit rules as evidence of liability for the truck accident and resultant injuries.

Liability for an Accident Caused by Truck Overloading

In some cases, a separate entity from the trucking company, such as a shipper or loader, may be liable for the accident. Or it may even be an individual or a company who leased the truck or trailer.

Many times it is the trucking company who is responsible for ensuring the load is safe. This means making sure it is secure, evenly distributed and doesn’t weigh beyond its weight limits.

If an overloaded truck caused the accident, a truck accident injury claim may be filed. D.J. Banovitz is a Colorado truck accident attorney who can help with Aurora truck accident cases so victims get a better understanding of rights for legal action. Call 303-300-5060 to set up an appointment to discuss a truck accident and injuries caused by truck overloading.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case.

D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.