What Happens When a Truck Is Overloaded?

January 7, 2024 / Truck Accidents

Trucks are engineered to handle specific weight limits. In Indiana, the maximum allowable gross weight for semis, with load, is 80,000 pounds (IN Title 9 Article 20).

When those limits are exceeded, the basic physics of driving change. The truck becomes harder to control, stopping distance increases, and the risk of a catastrophic accident skyrockets. For drivers sharing the road with these behemoths, it’s a nerve-wracking experience to know that the safety of everyone depends on the responsibility of these large truck operators..

But why are trucks overloaded? The reasons range from economic—trying to transport more goods in fewer trips to save on costs—to simple oversight. Regardless of the cause, the consequences can be severe, affecting not only the truck driver but also everyone else on the road.

The average driver doesn’t always consider the dangers of overloaded trucks, but the impact of an accident involving one can be life-changing. Serious injuries and even fatalities are all too common in these types of accidents. What’s worse is that these crashes are often preventable if trucking companies and drivers adhere to safety regulations.

The dangers of overloading a truck include:

• Increased distance necessary to come to a full and complete stop
• Potential tire blowouts from excessive strain
• Pressure and wear on the suspension and axles
• Violations of the legal weight limits imposed by transportation authorities

Who Is Responsible for an Accident Involving an Overloaded Truck?

When an overloaded truck causes an accident, figuring out who is responsible can be complicated. It’s not always just the truck driver who is at fault. Several parties may share responsibility, depending on the circumstances.

Trucking Company

More often than not, the trucking company plays a significant role. They are responsible for ensuring that their fleet adheres to federal and state regulations, including those governing weight limits. If they push drivers to exceed these limits to cut costs or save time, they can be held liable.

Drivers

Truck drivers are also responsible for ensuring their load complies with legal limits. They are required to check their cargo and make decisions about their vehicle’s safety. If a driver knowingly drives an overloaded truck, they could share in the liability.

Loading Crew

The team responsible for loading the truck also has a critical role. If an accident is caused by improper loading techniques or by exceeding the truck’s weight capacity, the loaders can be held accountable.

Vehicle Manufacturers and Maintenance Providers

In some cases, if a vehicle malfunction (like brake failure) contributes to an accident caused by overloading, the manufacturer or the entity responsible for the vehicle’s maintenance may also be liable.

Shared Responsibility

Responsibility for the accident may be divided among multiple parties. For instance, the trucking company might be responsible for setting unreasonable delivery expectations. At the same time, the cargo loader may fail to weigh the load properly, and the driver may not perform a final check. When this happens, sorting out the different responsibilities can be complex—but it’s necessary to ensure all negligent parties are held accountable.

Common Injuries in an Overloaded Truck Accident

When a truck driver loses control of their semi because the trailer is overloaded, several injuries can occur to occupants of other vehicles on the road, as well as to the truck driver. These include:

• Head trauma and TBI
• Broken bones
• Internal bleeding
• Organ damage
• Thermal burns
• Neck, back, and spine injuries
• Paralysis and amputation
• Wrongful death

What Other Evidence Would Help My Case?

Truck accident survivors need to keep detailed records of their medical treatment, starting from when the ambulance arrives and including the initial diagnosis. It’s essential to follow the doctor’s instructions carefully, as failing to do so may allow insurance companies or the defendant’s legal team to question the extent of your injuries.

Be sure to retain every receipt related to your medical expenses—being well-organized is key. If your injuries prevented you from working, keep all the relevant documentation in order. Additionally, eyewitnesses who can clearly recall the accident may help strengthen your case.

In some cases, lawyers bring in expert witnesses who weren’t present during the accident. These experts can explain specific types of injuries, the mechanics of truck crashes, and other technical aspects. Additionally, specialists may recreate the accident scene to demonstrate how the crash occurred and why it happened.

Why Choose Stephenson Rife, LLP to Represent You?

Stephenson Rife, LLP has a reputation for winning truck accident lawsuits and securing favorable payouts for our clients. Attorney Mike Stephenson possesses more than 40 years of legal experience and has won several large personal injury claims totaling multiple millions of dollars. The legal team at Stephenson Rife, LLP includes Attorney Brady Rife, who takes case preparation seriously and prepares every lawsuit as though it may go to trial. Not surprisingly, we have lots of satisfied clients.

The overloaded truck accident lawyers at Stephenson Rife, LLP have won many large settlements on behalf of injured clients. Some of our largest settlements include:

• $48.5 million in a case that involved 60 depositions in 5 different states
• $2 million in a case where a passenger in a vehicle was injured when struck by a delivery truck
• $250,000 in a case where a young woman sustained severe injuries when a semi-truck pulled out in front of her vehicle
• $6.5 million for a victim with brain injury in a garbage truck accident
• $3.97 million for the family of a man killed in a tractor-trailer crash.

Our skilled lawyers know how to gather evidence, interview witnesses, analyze legal statutes and case law, and build successful legal claims.

How Stephenson Rife, LLP Can Help

Our team is here to guide you through every step of the legal process, making it easier for you to focus on your recovery. Here’s how we can help:

• We Listen to Your Story: We start by listening to your story. Each case is unique, and we believe in giving you the time and attention you need to fully explain your situation. During our consultation, we’ll discuss the specifics of your accident and begin formulating a plan tailored to your needs.
• Thorough Investigation: Truck accident cases can be complex, and proving that overloading caused the crash requires solid evidence. We’ll conduct a detailed investigation, gathering weight records, maintenance logs, and any other crucial documents to build a strong case on your behalf.
• Expert Collaboration: We collaborate with a network of experts, including accident reconstruction specialists and mechanical engineers, to provide professional insights into how the overload contributed to the accident and who is liable.
• Dealing with Insurance Companies: Insurance companies can be difficult to deal with, especially when trying to reduce payouts. Our experienced attorneys will handle all negotiations with the insurance companies, ensuring that you get the compensation you deserve without the stress of back-and-forth conversations.
• Maximizing Your Compensation: We’ll fight to ensure you receive the full amount of compensation you’re entitled to, whether it’s for medical expenses, lost wages, or pain and suffering. We understand the financial toll an accident can take on you and your family, and we’ll work to make sure you’re covered.
• Litigation Support: If a fair settlement cannot be reached, our skilled litigators are prepared to take your case to court. We will advocate for your rights and will work tirelessly to achieve a favorable outcome.

Contact Our Indiana Truck Accident Attorneys Now

If you or a loved one has been injured in an overloaded truck accident, you may be entitled to financial compensation. This is especially true if the truck driver or trucking company was negligent. Our Indiana truck accident attorneys at Stephenson Rife, LLP will fight for your rights and secure the maximum damages possible.

Attorney Brady Rife

Attorney Brady Rife has developed a diverse civil litigation practice for plaintiffs throughout Indiana. Brady is heavily involved in serious personal injury matters, complex business and commercial disputes, and insurance litigation in state and federal courts. Some of the firm’s most successful cases include winning a $48 million settlement against a large corporation in a fatal vehicle crash in New Mexico and a $14 million dollar settlement against a national trucking company in Illinois. The firm handles cases across the United States. [ Attorney Bio ]