Federal and state laws restrict how much cargo a commercial tractor-trailer can carry on interstate highways and state roads. The more weight a motor vehicle carries, the harder it is for even a well-trained driver to control it safely. If a truck is overloaded or overweight, it’s more likely to suffer mechanical issues or cause a collision.
Unfortunately, overloaded/overweight truck accidents in Allentown are all too common. These can be difficult to file a lawsuit over, as it can be hard to prove that a truck involved in a traffic accident was overloaded. Support from an experienced truck accident lawyer will be crucial to getting the compensation you deserve for your losses. At Ostroff Godshall Injury and Accident Lawyers, we are ready to fight like hell for you and your rights.
Proving a Commercial Truck Was Overloaded
Under federal law, commercial trucks traveling on interstate highways can’t have a “gross vehicle weight rating”—a total weight across the cab, trailer, and cargo combined—over 80,000 pounds. They can’t put more than 20,000 pounds of weight on any single axle on the truck or more than 34,000 pounds on any tandem axle. Pennsylvania enforces the same limits for trucks traveling on state roads, although overweight trucks can sometimes travel short distances within state lines if the trucking company gets a temporary permit.
These laws are clear-cut. Trucking companies that overload their trucks generally know they’re breaking the law. Unfortunately, this means they also tend to break the law when it comes to record-keeping for the cargo they’re carrying. They may even attempt to destroy those records after an accident occurs. Your skilled Allentown attorney can work to track down and preserve important evidence after an overweight truck wreck.
Getting Paid for an Overweight Trucking Collision
Whether they did it knowingly or accidentally, any trucking company that puts an overweight truck on the road has breached their “duty of care.” Any “breach” that directly leads to an accident resulting in injury can be the basis for a civil lawsuit built around “negligence.” A negligent truck driver, trucking company, or third party may be liable to pay for the harm you suffered, including:
- Physical pain and suffering
- Psychological trauma and distress
- Loss of life’s pleasures
- Car repair or replacement costs
- All past and future medical bills
- Lost working ability or earnings
If a court finds that a trucking company acted with extreme negligence or willful malice, it can also make them pay additional punitive damages. However, this is a rare outcome that requires substantial evidence. During a free consultation, your Allentown lawyer can explain what damages you may be eligible for after an overloaded truck collision.
Talk to an Allentown Attorney About an Overweight Truck Accident Claim
Any truck driver who carries more cargo than legally allowed puts everyone on the road at risk. Sadly, trucking companies may violate the legal limits to cut costs and protect their bottoms lines. When collisions occur, the companies should be held accountable for their reckless behavior.
Overloaded/overweight truck accidents in Allentown are much easier to handle with help from a winning attorney. Let Ostroff Godshall Injury and Accident Lawyers handle your case and fight for the payments you need. You won’t pay us anything until we recover compensation on your behalf, so don’t hesitate to call and set up a free consultation today.
