Truck Accident Lawyers

Overloaded and Overweight Trucks

Overloading a tuck can affect its braking and steering, leading to potentially fatal accidents. An overloaded truck goes slower on upgrades, faster on downgrades, and when the brakes are forced to work too hard, they may fail. In addition to straining the brakes, the additional weight stresses the tires, suspension, drive train, and cooling system. And if the weight of the trailer is greater than that of the towing vehicle, there is a great likelihood of a loss of control, especially when traveling downhill.

As is, trucks require a much greater distance to stop than passenger cars. But the heavier the truck, the greater the distance it needs to stop, and the likelier a misjudgment in stopping distance will lead to a rear-end collision.

According to the National Safety Council's Professional Truck Driver Defensive Driving Course, an 80,000-pound tractor-trailer traveling on a dry, level road at 30 mph requires 100 feet to stop. At 60 mph the stopping distance does not double, it increases to 426 feet. A further increase in speed of only 5 mph to 65 mph increases the stopping distance to 525 feet, compared to only 316 feet for a passenger car.

80,000 lbs happens to be the legal total weight for an eighteen-wheeler without an overweight permit. A passenger car, in contrast, weighs approximately 5,000 lbs. But the law also requires the weight to be longitudinally distributed. The steer axle weight limit for an eighteen-wheeler is 12,000 lbs whereas the limit for the drive and trailer axles is 34,000 lbs for each set.

There are also legal limits with regard to the size and dimensions of truckloads. Outsize loads or high trailers can also cause collisions when routes are not well planned.

Just because a load is within legal limits, however, does not make it safe. Drivers should check the truck’s gross vehicle weight and towing capacities in the truck’s owner’s manual. Also, weight that is not laterally well distributed can pose a myriad of problems, from steering difficulties to a higher propensity for jackknifing. Loads that are top-heavy increase the likelihood of a rollover accident, especially at high speeds or in emergency steering maneuvers.

While an overloaded truck is more difficult to steer, weight that shifts can compound this problem. Examples of weight that shifts include livestock, cargo that has not been properly secured, and liquid cargo in tanks lacking baffles. On poor road conditions, controlling a truck with cargo that shifts its weight can be especially difficult.

A truck driver is responsible for and must have knowledge of the load being transported, including its weight, placement and how it is secured. The truck driver must inspect the cargo prior to the trip, unless the load is sealed and the truck driver has been instructed not to break the seal. In the event that the cargo is sealed, however, the driver must still obtain relevant payload characteristics.

Because of the preventable and serious nature of most truck accidents, they tend often to be the cause for litigation. Truck accident lawsuits, however, have unique legal challenges associated with them. If you or a loved one has been seriously injured or killed in a truck accident, it is likely in your best interest to contact one of our experienced truck accident attorneys.

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