Massive 18-wheeler trucks are much larger than the average passenger car, especially with extra-wide or oversized cargo loads. Commercial truck drivers who operate such large vehicles require special training to handle the risks of their jobs. Unfortunately, due to the size of overloaded trucks, they could cause severe accidents and injuries.
If you or a loved one were injured in an accident due to an overloaded tractor-trailer, it is best to seek help from a seasoned legal professional. Speak to an Irving overweight truck accident lawyer to discuss your right to recover damages against all negligent parties. A skilled truck accident lawyer with extensive experience fighting for clients to win just financial recovery from negligent truck drivers or companies could maximize your chances of achieving the compensation you need and deserve.
What Is The Federally Regulated Maximum Weight That Trucks Must Be Under?
Federal law controls the maximum gross vehicle weight and axle loads on the interstate system. The Federal limits are 80,000 pounds gross vehicle weight. That’s 20,000 pounds on a single axle and 34,000 pounds on a tandem axle group.
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Overweight Truck Crash Injuries and Compensation
Overweight truck crashes can cause a host of severe injuries, including:
- Neck and back injuries
- Amputations
- Traumatic brain injuries
- Burn injuries
- Fractured and broken bones
- Lacerations and bruising
- Organ damage
- Death
An experienced attorney could help an injured victim recover both economic and non-economic damages for an overweight truck collision. Economic damages refer to damages that can easily be quantified, such as medical bills and lost income. Non-economic damages things that are not easily quantifiable, such as mental anguish, emotional distress, pain, and suffering.
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Common Causes of Truck Accidents
Every truck accident is unique, and there are a multitude of ways that a negligent or careless truck driver could cause a serious crash. There may be multiple parties who could be held liable in an overweight trucking accident, including the truck driver, truck company, maintenance company, or truck manufacturer. The most common causes of overweight truck accidents include:
- Failure to stop in time
- Inability to clear an obstacle overhead
- Blown tires
- Jackknifing
- Defective parts
- Insufficient maintenance
- Poor driver training
- Speeding
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Irving Shared Fault Rules
In some truck crash cases, the individual or business the injured party is filing a claim against may argue that the victim is actually to blame or at least shares some liability for the collision that caused their injuries. If the injured party does share a degree of liability, the state’s modified comparative negligence rule could impact the total amount of compensation they would receive from the other at-fault parties.
Pursuant to Texas Civil Practice and Remedies Code §33.012, if an injured person shares a portion of the fault for the accident that caused their losses, their compensation may be reduced in proportion to the percentage of fault the court assigns them. Furthermore, if an injured party is found to be more than 51 percent at fault, they may be barred from collecting anything from the at-fault parties.
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What Is The Statute of Limitations on Overweight Collision Lawsuits in Irving?
Tex. Civ. Prac. & Rem. Code §16.003 establishes a two-year time window for personal injury victims to file a lawsuit for damages with the civil courts. If someone does not get their lawsuit filed by the time the two-year statutory deadline runs out, the court may refuse to hear their case, and the injured victim could be time-barred from receiving compensation.
An experienced overweight truck crash attorney in Irving could help an injured individual understand and adhere to this statutory rule.
Speak with an Irving Overweight Truck Accident Attorney
After an accident with an overweight truck, a seasoned Irving overweight truck accident lawyer could help you seek damages for your physical, financial, and emotional losses. A lawyer could zealously advocate on your behalf to negotiate a fair settlement offer or take your case to court to fight to recover the damages you need if an out-of-court settlement is not possible.
Call today to schedule your no-obligation case consultation with an Irving attorney.
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