11/24/2023 0 Comments Overloaded truck rimare skilled in examining these facts, uncovering evidence, and determining liability for overloaded truck accidents. The Fort Lauderdale truck accident attorneys at Schlesinger Law Offices, P.A. In short, the answer to the question of liability will depend on the facts of a case. Injured in a Truck Accident? Schlesinger Law Offices, P.A. However, if the cargo loader overloaded a truck due to a lack of training, then the trucking company would be liable for its negligence in failing to provide adequate training. The Cargo LoaderĪ cargo loader may be held liable for overloading a truck if (a) they did so on purpose and (b) their employer did not or could not have reasonably known about it. An example of this would be if the trucker purposely overloaded their truck, violating company policy and industry regulations, to make up for lost time or for another personal reason. The caveat is that the truck driver may be liable if this negligence was committed outside the scope of their job. The Truck DriverĪs mentioned above, the trucking company can be held liable for the negligence of their truck drivers. This means that, for most cases, the trucking company will be liable for mistakes made by their employees. They are also responsible for training their employees, from truck drivers to in-house mechanics, to cargo loaders. Trucking companies have a legal obligation to ensure that their trucks are safe for the road, which means they can be held liable for overloading their trucks. In Florida, the parties most often considered liable for an overloaded commercial truck accident are: The Trucking Company When these accidents happen, who can be held responsible? Who is Liable for Overloaded Truck Accidents? An overloaded truck is more likely to get into an accident due to tipping, brake failure, falling cargo, and more. There are strict rules and regulations for how much cargo a commercial truck can carry, because overloaded trucks bring a whole host of dangers to the road. Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at. (Again, there’s quite a bit of variation and several exceptions to these restrictions.) If trucks habitually exceeded weight limits by not deploying their extra axles, they wouldn’t just be putting extra pressure on their own overloaded wheels-they could also wear out the roads below them. A single axle, for instance, generally isn’t permitted to bear more than about 20,000 pounds a tandem axle often maxes out around 34,000 pounds and so on. These laws vary from state to state, but there are certain trends among them. It may save them some money, too: The number of axles a vehicle has is one of several factors often used to calculate toll rates.Īs HowStuffWorks explains, the number of axles is also used to determine how much a vehicle is legally allowed to weigh. These trailing axles serve the same purpose.įor lighter loads, drivers retract their extra axles so that the wheels don’t suffer unnecessary wear and tear. Some vehicles, like dump trucks and concrete mixers, may even have extra axles that rest on top of the truck and unfold onto the road behind it. Basically, they’re attached to special axles known as tag axles or lift axles that truck drivers can automatically drop down as needed (typically by way of springs or air bags). Instead, as Jalopnik reports, those wheels are there to help spread out the weight when a vehicle is carting a heavy load. In a way, they are-but they weren’t installed to act as replacements for flat tires. When you drive by a dump truck with a couple tires hovering just above the road, seemingly doing nothing, you might assume they’re spares.
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