Big trucks are prevalent on California freeways, city boulevards, and interstates. They are essential, as they keep the supply chain moving. However, the trucks also pose actual risks to the safety of individuals on bikes, motorcycles, and cars, as well as those on foot.

For example, when a truck is overweight due to excessive loading, it can significantly increase the odds of an accident. These overweight or overloaded truck collisions can result in a severe turn of events that risks physical harm to other parties. When caught up in this situation, you can better understand your legal options by talking to a lawyer experienced in handling personal injury suits. A skilled truck accident lawyer could fight for your interests in seeking damages for the harm and loss you experienced.

Legal Limits of Vehicle Weight Under California Law

Motor vehicles are restricted in the quantity of weight they may transport for safety purposes. In California, VC 35551a provides that no motor vehicle may weigh beyond 80,000 pounds, which aligns with federal regulations.

This law also provides that the maximum gross weight permitted on any single axle of a motor vehicle is 20,000 pounds. Not more than 34,000 pounds is allowed in an axle group with less than eight ft. and 6 inches between axles. Other particular requirements apply to axle groups exceeding this size, contingent on the chart by Caltrans.

The law also requires bridge formula calculations for weight distribution across axles. Overloaded and overweight trucks can be highly destructive on roads. That is why the law closely and heavily regulates them. The weight restrictions are enforced via:

  • Random roadside investigation inspections
  • Weight-in-Motion (WIM) sensors placed on highways
  • Mobile scales provided by the California Highway Patrol’s Commercial Vehicle Section
  • Permanent weigh stations

Violating the stipulated weight limits is both a criminal and civil offense. The consequences in criminal court include up to $1,000, custody in jail for a maximum of six months, and additional court fines based on the automobile’s excess weight. An exception to these penalties is when the excessive weight is below 4,501 pounds. In that case, the violation becomes an infraction, and the consequences will include a fine of $250.

Note that VC 35551a only applies to combinations of motor vehicles containing a semitrailer or trailer. That means some trucks are exempted from this law and need not comply with the weight restrictions provided in the law. Examples are:

  • Trucks transporting livestock
  • Trucks transporting vehicles
  • Cranes
  • Dump trucks, and
  • Buses

Additionally, 35551a VC solely applied to a vehicle's weight. It does not apply to oversized motor vehicles like the overlong ones.

Common Forms of Vehicle Overloading Violations

There are various types of vehicle overloading violations, each carrying special risks. They include the following:

  • Violations of gross weight. Trucks transporting over 80,000 pounds are subject to reduced maneuverability and higher mechanical stress. For example, a car transporting produce may overload cargo to maximize profits during harvest, placing everyone in danger.
  • Hidden overloading actions. Some trucking companies use deceptive means to go around weight restrictions. Some of these include:
  • Several trips to various scales to find favorable readings
  • Deliberately miscalibrated onboard scales
  • Falsified weight tickets
  • Fuel tank manipulation

Overloaded trucks are subject to multiple performance problems, increasing the possibility of overweight truck collisions.

  • Violations of axle weight. Even when the truck has complied with the gross weight requirement, improper distribution of its load can overload the individual axles. This prevalently happens with construction materials, container loads from ports, and liquid loads (that shift during transportation).

Why Truck Overweight Violations Happen

A company may overload a trailer truck for various reasons. One of these reasons is pure negligence whenever they neglect to load the motor vehicle and cross-check its recommended weight correctly. This could be a systematic issue with the company's systems or because of an error by a single employee. Even if it is by accident, violating the stipulated truck weight limits can still lead to severe road collisions.

Other companies may opt to overload intentionally. They see they can save cash if they load more goods on one truck and do not have to send another trailer out. However, apart from this practice violating state laws, it is an enormous roadway hazard. Overloaded and overweight trucks are more difficult to handle and will more likely cause severe incidents.

Overweight and Overloaded Trucks Are Dangerous

Trailer trucks are solely designed to carry a specific weight. Overloaded cargo may not be appropriately secured and might shift when the car travels, causing a hazardous situation that results in rollover or jackknife accidents. Not only does this put the trucker in danger, but it may also severely injure pedestrians, motorcyclists, bicyclists, or other road users nearby. The truck's frame and other related parts might not successfully handle an overload. This can lead to axle failure or tire explosion. Many possible issues can arise since the truck has too much weight to withstand.

Difficulties for Truckers

A trucker's job will be much more challenging when their truck is overweight. The more load a trailer is transporting, the harder it will be to handle. An overweight truck is more vulnerable to wind, and there is an increased chance that the trucker may lose control. It is also more difficult for overweight trucks to stop promptly to avert a collision. Truck systems and brakes can only do so much. Whenever they are compelled to handle more, even a careful trucker may fail to prevent a severe accident from an overweight vehicle.

How Overloading Impacts Vehicle Performance

An overloaded truck has several performance problems, increasing the chances of overweight truck accidents.

  • Mechanical strain. Excess weight increases wear on crucial systems. Examples include the following:
    • Engine stress
    • Transmission damage
    • Suspension component failure
    • Brake fading due to overheating
  • An elevated stopping distance. Trucks loaded to 88,000 pounds (10 percent overweight) need about 25 percent more stopping distance compared to those weighing at legal weight. On a steep grade, this becomes particularly dangerous during extreme weather conditions.
  • Stability problems. Overweight trucks are vulnerable to rolling over at sharp turns, trailer swinging in crosswinds, jackknifing on unexpected stops, and roadway and bridge damage.

Steps to Take If Involved in an Overweight Vehicle Accident

If you are involved in a crash with an overweight truck, there are different steps you must take to safeguard your rights. Knowing how to act ensures you secure the care you require and have the evidence to support your claim later. Some steps include the following:

  • Ensure Your Safety and Report the Crash to Law Enforcement

Your priority soon after a collision should be your well-being and safety. You also want to be concerned about the health of anybody else involved. If you may sustain additional injuries in a secondary crash, you want to determine whether you should try to move to a safer location. Soon after you have secured yourself from further harm, call 911. This is ideal even if you trust you have not sustained any injuries. You will require a police report to bring a claim, and the police will come to the scene and write a report for you after an accident with any physical injuries or moderate damage.

  • Seek Medical Attention for Your Injuries

When you dial 911, the dispatcher who responds will send an ambulance and police if you mention that injuries are likely. If you experience any pain, have visible injury signs, or show other signs, you should undergo a medical assessment promptly. Your options include the following:

  • Take the ambulance to the closest emergency department
  • Have somebody drive you to an ER of your choosing
  • Go into an urgent care clinic or another walk-in facility
  • Schedule a medical appointment with your general practitioner

Unfortunately, truck collisions often result in catastrophic, life-changing injuries. If you have sustained severe injuries, do not worry about collecting evidence or taking other actions. Instead, concentrate on seeking medical attention and stabilizing yourself, and worry about pursuing damages after you are out of immediate danger.

  • Understand and Document Your Injuries

Obtaining medical care as quickly as possible if you suffered any injuries in the crash is crucial. Doing so helps your injuries heal more fully and documents them for claim-filing purposes. Plus, it links the injuries directly to the accident, leaving little to no gaps for the insurance provider to try shifting the blame for the injuries to other activities.

Potential injuries from truck collisions include the following:

  • Spinal cord injuries
  • Back and neck injuries
  • Traumatic brain injuries
  • Bone fractures
  • Internal injuries
  • Soft tissue injuries
  • Joint injuries

  • Start Building Evidence for Your Case

If you have not sustained severe injuries, you can take action before leaving the accident scene to develop your case and pursue damages. You can do the following:

  • Document the accident scene with videos and photos. You can use your cell phone if you do not have a camera
  • Gather information about other parties involved and any eyewitnesses
  • Note any noticeable freight or loading problems
  • Request the police for copies of their report
  • Obtain the truck's DOT number
  • Preserve all the records of medical treatment
  • Keep the receipts for all crash-related expenses
  • Record any other details about the crash in your own words as soon as possible, when they are still fresh in your memory.
  • Escalate the accident to your insurer. Avoid giving recorded statements to your insurer or admitting fault.
  • Consider talking to a truck collision lawyer.

If you need immediate medical attention, do not worry. You can still work on your case after you stabilize. Record or write the account of what transpires and all the details you recall about the crash as soon as your injuries allow. Keep all your evidence in an email, thumb drive, or file folder to easily share it with your lawyer later. Keep all bills, paperwork, and other documentation in this folder, plus videos of the accident scene, pictures of your injuries, and other evidence.

Liability In Overweight Truck Accidents

Like most truck accidents, liability often falls to the trucking company and the trucker. There are instances where a design flaw or truck part causes a crash, and under particular circumstances, truck manufacturers are liable for the harm victims incur.

In a trucking collision that involves a dangerously unbalanced cargo or overweight payload, there is more liability involved:

  • Trucking companies. Truck trailers might be moving at an unlawful weight. Overweight truck violations are generally a misdemeanor offense, with minimal fines. Trucking companies might not feel the pinch of paying these fines. However, if their disregard of weight limits leads to someone dying or sustaining an injury, they may be subject to paying compensation to the victims. Trucking companies may violate weight limits, for example, by pressuring loaders or drivers to overload trucks or failing to enforce the proper protocols.
  • Truckers may work independently and be responsible for loading their own cargo. Should they improperly stack a payload or violate the stipulated weight limits, and a crash occurs, they are accountable for the resulting injuries to the victims. A trucker working for a trucking company can also be liable for ignoring or accepting unsafe loads.
  • Truck loaders. Sometimes, trucks are loaded at the manufacturing companies, and loaders who work for the plants inspect them. The loaders might commit an error; for example, they may improperly distribute cargo weight. Or they may be compelled to load a hefty trailer. In this case, when collisions happen, the loaders and their employers may be fully liable.
  • Multiple parties. Hurt victims bringing an insurance claim against only a single commercial insurer face the risk of having limited coverage. The policy restrictions may quickly deplete, particularly on the basic coverage of one truck driver. Victims could be left to pay for what insurance does not cover. When multiple parties are responsible for a collision, an insurance claim against several insurance providers gives the victim a higher chance of obtaining full monetary support. An attorney can help you identify all the parties who might be to blame for the accident and seek to recover full damages from them on your behalf.

Evidence In Vehicle Overweight Vehicle Violation Cases

Successful claims usually need multiple pieces of evidence. Types of evidence you can gather to prove your case include the following:

  • Loading dock surveillance footage
  • Vehicle maintenance records
  • Driver logs
  • Bills of lading
  • Electronic logging device data
  • Weigh station records

Damages Recoverable in Overweight Vehicle Violations

After sustaining severe injury in an overweight truck collision, you should anticipate full support to recover, regardless of the period it takes. You can seek compensation for any hardship you have been subject to. Some of the damages you suffered will be economic, for example, medical bills, and some will be non-economic, for example, the emotional suffering a devastating and frightening collision can bring. PTSD, depression, and anxiety symptoms are also likely as you go through a lifestyle change because of your injuries.

These are some of the factors that could lead to you or your family obtaining compensation after an overweight vehicle collision:

  • All the costs for medical recovery
  • Medical equipment and physical therapy
  • Disfigurement and permanent disability long-term support
  • Travel for medical treatment
  • Emotional trauma and physical pain
  • Lost income from missed work
  • Lost consortium (minus the support of a family member, such as a child, partner, spouse, etc.)

The Statute of Limitations in Overweight Vehicle Violation Accidents

You have up to two years from when the trucking accident happened to seek compensation by filing a claim. This is per California’s statute of limitations for personal injury claims. Should you decide not to submit within this period, you will lose your right to bring your claim later.

A truck collision lawyer can assist you in filing your injury claim within the stipulated timeframe. If your loved one died due to the accident, your attorney can help you in submitting a wrongful death claim. Whichever the case, hiring a lawyer will increase your chances of securing maximum compensation.

Once you present your claim, the alleged defendant will have a chance to file its response. If your case is compelling, the liable party might propose to settle. If you agree to their settlement offer, you will have the choice of closing your claim. However, consult with a lawyer first before you decide to settle.

Generally, retaining an attorney experienced in truck accident cases is advantageous. This attorney likely has a positive reputation and will do all they can to assist you in obtaining a just settlement. Your attorney can review the settlement offer and answer your questions. They will inform you if agreeing is not in your best interests. Eventually, you have the last say on any settlement offer. You can decide to counter, reject, or approve it.

Find an Experienced Truck Accident Attorney Near Me

Overweight vehicle violations pose a high risk to public safety on roadways. Knowing these dangers, the legal requirements, and the appropriate post-collision procedures is essential for anybody sharing the roadway with commercial motor vehicles. Call an experienced attorney to determine your legal options and protect your rights if you have been impacted by an overweight vehicle violation accident.

At Truck Accident Injury Attorney Law Firm, we have in-depth experience handling intricate truck collision cases throughout California. We can assist you in navigating the legal process while we fight for fair compensation. Contact us today at 888-511-3139 for a complimentary case evaluation and consultation.