A truck’s weight and load balance can play a major role in the cause of an accident and lead to serious injury to those in nearby vehicles. Injuries in overloaded/overweight truck accidents in Clermont could create a right to pursue compensation from the responsible truck driver and others who could have liability for the truck being overloaded. Get the help of our experienced truck crash attorneys to evaluate potential claims and take the next steps in obtaining justice from those with fault.
How an Overweight Truck Could Cause an Accident
An overweight semi-truck in Clermont can increase the chances of an accident by creating a greater risk of the vehicle toppling. Additionally, the weight of a vehicle can make it more difficult to slow down, stop, accelerate, or otherwise maneuver on the highway. The extra load on a commercial truck could also place improper stress on critical parts, leading to a malfunction while driving. Issues with an overweight load could compound when driving in certain conditions, such as high wind, rain, snow, or ice and driving on slanted or curved roads.
Weight and Load Requirements for Semis and Commercial Trucks
Florida Statutes § 316.535 places maximum weights for motor vehicles. Different weights apply to a vehicle based on the distance in feet between the first and last axle, with no single axle of a vehicle having a load that is greater than 20,000 pounds. Florida Statutes § 316.545(2)(a) further prohibits the driving of a motor vehicle that has a gross weight of 6,000 pounds or more than its maximum weight.
Who Has Liability for Injuries from an Overloaded Truck Accident
Truck drivers who violate these weight requirements while driving in Clermont could face civil liability for any related accidents that cause injury. While direct evidence of the truck being overweight may be difficult to gather, an experienced attorney could establish this connection in other ways. For example, an attorney could examine records of the truck’s cargo, review any mechanical diagnoses, and search other shipping records after the accident.
Liability for the damages from an overloaded truck accident could also fall to the negligent truck driver’s employer. Florida places vicarious liability on an employer whose employee causes an injury to another through their negligent misconduct. For vicarious liability to exist, the employee must be operating within the scope of their employment and be working for the benefit of the employer at the time of the accident. Third parties responsible for loading, weighing, or inspecting an overweight truck could also face liability for resulting accidents.
Contact Us to File a Lawsuit for Compensation After Overweight/Overloaded Truck Accidents in Clermont
State law permits the recovery of compensation for damages from those with fault for overloaded/overweight truck accidents in Clermont through the filing of a lawsuit. Compensable damages could include your lost wages, medical bills, and other costs from your pain and suffering because of your injury from the accident. Claims for negligence related to an overloaded vehicle accident have a strict two-year filing deadline under Florida Statutes § 95.11(4), which generally begins on the date of the accident.
We understand the pain and burden of your recovery after a serious truck collision. Our attorneys offer their support through case reviews to better understand potential claims and to begin the process of seeking justice from those responsible for your injury through direct management of your case. Contact us today for a case review.
