Commercial trucks are typically used to haul freight, and they often weigh several tons. There are limits to how much commercial trucks are permitted to carry, however, and when trucks exceed the maximum weight allowed, it can cause an accident. Accidents involving overweight or overloaded trucks frequently cause devastating injuries and significant property damage. If this has happened to you, Fort Lauderdale truck accident lawyer Joseph I. Lipsky can discuss your options for seeking compensation for your harm. Mr. Lipsky is a diligent personal injury attorney who will work tirelessly to help you pursue the most favorable outcome possible under the facts of your case. He represents injured people in trucking accident lawsuits in cities throughout South Florida.
Florida law and federal law regulate the weight of commercial trucks. The weight that a truck is permitted to carry depends in part on the size of the truck, its brakes, and the number of axles. Additionally, there are weight restrictions on certain roads, and trucks that exceed the specified weight are not permitted to travel on these roads, regardless of whether the truck’s weight is otherwise legal. To ensure that a truck complies with the applicable weight restrictions, truck drivers are obligated to use weigh stations to weigh their trucks.
Overweight or overloaded trucks are among the most common causes of trucking accidents. In many cases, the excess weight will alter the truck’s performance, and the truck driver will not be able to control the truck. For example, a truck driver may not be able to slow down or stop a truck driving on a downgrade, and they may crash into another vehicle. Additionally, overweight trucks often have cargo that is not properly secured, which can cause the cargo to shift and become imbalanced, resulting in a tip-over accident. Trucks that are overweight are also more likely to experience a tire blowout, which can cause the truck driver to lose control of the truck and collide with other vehicles.
If a person is injured in an accident with an overweight or overloaded truck, there are potentially multiple claims that the person can pursue to recover damages. First, the person may be able to assert a negligence claim against the driver of the truck. In Florida, to prove liability for negligence, an injured person and their attorney must establish a duty owed, a breach of the duty, and actual harm caused by the breach. For example, if a truck driver failed to weigh a truck, reduce the amount of weight of an overweight truck, or otherwise comply with a duty imposed by law, the driver may be found to be negligent.
If a truck driver was working on behalf of a trucking company at the time of the accident, in addition to pursuing claims against the truck driver, the injured person may be able to seek damages from the trucking company. If the trucking company knew or had reason to know that the driver was not complying with the regulations or was unfit to drive, the trucking company may be held accountable for the harm caused by the driver. Additionally, the trucking company may be directly responsible for the truck being overweight. If you suffered harm due to an overweight truck, an experienced personal injury lawyer can advise you about your rights.
There are numerous restrictions on the weight that commercial trucks are permitted to carry, and when a truck driver or trucking company fails to abide by these restrictions, it can have disastrous results. If you sustained injuries in an accident involving an overweight or overloaded truck, you should contact an attorney to discuss your right to seek damages. Joseph I. Lipsky is a South Florida attorney who is adept at assisting injured people in the pursuit of compensation. Mr. Lipsky has offices in West Palm Beach, Plantation, Miami, and Delray Beach, and he regularly represents parties in trucking accident lawsuits in Miami-Dade, Orange, Broward, Palm Beach, and Monroe Counties, including in Miami, Orlando, Fort Lauderdale, West Palm Beach, and Key West. You can reach us via our form online or at 1-888-352-5298 to schedule a free and confidential meeting.