Truck drivers and their employers are often pressured to deliver large amounts of cargo under tight deadlines. As a result, they may try to carry as much as possible on each trailer. However, when trucks are overloaded, they pose a grave danger to others on the road.
Overloaded or overweight vehicles have trouble maneuvering and stopping, which can cause drivers to lose control. This situation often leads to catastrophic accidents. Because of the potential danger to everyone around them, federal laws regulate how much cargo trucks can carry.
If you were injured in one of these incidents, a Connecticut overloaded/overweight truck accident lawyer from Claggett, Sykes & Garza could help you seek compensation from the at-fault party. Contact us now for a free consultation with a truck accident lawyer in Connecticut.
Pursuing Financial Compensation After an Overloaded or Overweight Truck Accident
At the Claggett, Sykes & Garza, we understand the financial strain you may face after a truck collision, and we’re committed to supporting you through it.
Whether through insurance negotiations or in court, one of our Connecticut personal injury lawyers could pursue the following damages on your behalf:
Economic Damages
Economic damages aim to compensate you for various financial burdens resulting from the accident. This includes coverage for medical bills, future treatment expenses, vehicle repairs, and lost wages from missed work.
In cases involving long-term injuries or disabilities that impact your future earning potential, our Connecticut overloaded truck accident lawyers diligently calculate your losses, ensuring you receive every penny that is owed to you.
Non-Economic Damages
Because the consequences of an accident extend beyond financial losses, we also seek compensation for non-economic damages. These damages address intangible and emotional impacts, such as pain and suffering, emotional distress, and decreased quality of life.
Please keep in mind that every case is unique, and the damages you can recover will depend on your injuries and how they have affected your life. Our team collaborates with you to attach dollar amounts to all of your losses, fighting for the compensation you deserve.
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How Overloaded Commercial Vehicles Cause Accidents
Commercial tractor-trailers already pose inherent risks due to their cumbersome nature, blind spots, and slow stopping times. These vehicles are also susceptible to rollovers and jackknifing, posing a threat to adjacent lanes. The risks are compounded when trucks are overloaded.
Excessive cargo in a trailer disrupts proper weight distribution, increasing the risk of rollovers and jackknife incidents. On highways, an overweight truck faces challenges in acceleration, presenting a potential hazard as other drivers may take risks when trying to overtake it.
Overloading also increases the likelihood of mechanical breakdowns. The surplus weight can lead to steering and braking issues, tire blowouts, or even a broken axle. In addition, the excess weight may inflict damage to roads and bridges. Any of these scenarios can result in accidents, endangering the lives of other motorists.
Establishing Negligence in an Overloaded Truck Accident Case
In any personal injury lawsuit, the burden lies with the claimant or plaintiff to prove that the injury resulted from another party’s negligence. Establishing negligence involves demonstrating a lack of reasonable care on the part of the defendant, leading to tangible losses for the plaintiff.
The standard of care is higher when the accused is a truck driver or a trucking company. The law places additional responsibility on them as common carriers, requiring them to exercise extreme caution to prevent endangering other motorists.
For a Connecticut plaintiff, providing evidence that the commercial vehicle involved in the accident was overweight or overloaded establishes a compelling case of negligence. This triggers the legal obligation of the at-fault party for damages incurred by the plaintiff.
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Identifying Potentially Liable Parties
Multiple parties may contribute to an accident involving an overweight or overloaded truck. In addition to the trucking company, potential defendants in a personal injury claim can include the following:
- The truck driver
- A cargo loader
- The trailer owner
- The involved logistics firm
An experienced attorney will know how to identify the liable parties in an overweight truck collision case.
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Connecticut’s Statute of Limitations for Personal Injury Lawsuits
Under Connecticut General Statutes §52-584, a plaintiff pursuing a personal injury claim has two years to file a civil lawsuit seeking damages. However, certain circumstances can shorten this timeframe to as little as 90 days post-injury.
Reaching out to a Connecticut attorney soon after an accident will help ensure you meet the applicable deadline. Also, starting the process sooner rather than later increases the likelihood of finding witnesses while their memories are fresh and preserving evidence before it is lost or covered up.
Compiling evidence illustrating negligence not only prepares your case for trial but also improves your chances of securing a favorable pre-trial settlement.
Speak with a Connecticut Overloaded/Overweight Truck Accident Lawyer
If you were hurt in a Connecticut overweight or overloaded truck accident, securing qualified legal representation is vital. Trucking companies and their insurers often immediately dispatch accident reconstruction specialists to the crash site.
That’s just one of the reasons you need someone to level the playing field by representing your interests. A knowledgeable local attorney from Claggett, Sykes & Garza has the experience and resources to recover the maximum compensation available in your case. Don’t settle for less!
Contact us today to explore your legal options during a free consultation.
