Trucking companies and truckers are bound by stringent weight restrictions on the maximum cargo they may transport in a commercial vehicle. If a tractor-trailer is overloaded, this may impair the vehicle’s ability to stop in time to avoid colliding with other drivers on the roadway. A Roswell overweight truck accident lawyer may be able to help if you have been regrettably and horribly hurt in an overweight truck crash. A seasoned truck accident attorney could assert a claim for the rightful damages you could be owed for your injuries and which you need to recover from your losses.
Overview of Commercial Truck Weight Restrictions in Roswell
If a vehicle is utilized for business purposes and has a gross vehicle weight rating that meets or exceeds 10,001 pounds, it would fall into the category of a commercial vehicle. Commercial trucks operating in Roswell and throughout the state must abide by the cargo limitations outlined under the Official Code of Georgia § 32-6-22 through O.C.G.A. § 32-6-24, as well as O.C.G.A. § 32-6-26.
These restrictions include cargo limitations on specific roadways, as well as parameters regarding the maximum height and weight allowed when transporting cargo. For instance, pursuant to O.C.G.A. § 32-6-23, the vehicle’s width inclusive of any cargo being transported should be no more than 102 inches.
Should a trucker or their subsequent company require that the driver operate a vehicle that disregards these safety regulations and laws, they could be found liable for the horrible injuries victims like yourself incur.
Determining Fault in an Overweight Truck Crash
Commercial truck collisions are different from traditional motor vehicle accidents in that there may be multiple parties who are liable for the plaintiff’s injuries. These parties may include the following:
- The truck driver;
- The truck parts manufacturer;
- The cargo owner;
- The cargo loading company;
- The truck company.
An attorney in Roswell could review the circumstances of an overweight truck crash to determine whether one or multiple parties may be legally culpable for what happened.
Recovering Compensation for Injuries
A variety of money damages may be recovered by plaintiffs in an overweight truck crash lawsuit, including the value of their economic and non-economic losses. Economic losses have an established monetary value and include damages such as past and future lost earnings, medical expenses, and physical therapy costs.
Non-economic losses refer to damages such as pain, suffering, loss of life’s pleasure, scarring, and disfigurement, and therefore do not have a predetermined dollar amount. An overweight truck accident lawyer in Roswell may also be able to recover punitive damages for the plaintiff. Punitive damages a separate category of compensation which could be awarded in rare cases to punish the responsible party for outrageous or malicious conduct.
Bear in mind, O.C.G.A. § 9-3-33 provides truck crash victims only two years from the date of the occurrence in which to pursue civil damages through the courts. This means if a truck accident lawsuit is not filed within two years, the victim may be time-barred from recovering money damages.
Shared Liability in a Wreck
Every state has its own laws governing cases where liability is shared between the plaintiff and the defendant. In Georgia, the civil courts apply the modified comparative negligence doctrine.
For plaintiffs who are 49 percent or less liable, they may still recover part of their money damages, but their damages would be lessened based on their percentage of liability. In contrast, a plaintiff whose liability is equal to or more than that of the defendant or defendants could have their recoverable damages eliminated entirely. Fortunately, a seasoned lawyer could help an injured victim with establishing liability.
Reach out to a Roswell Overweight Truck Accident Attorney
A Roswell overweight truck accident lawyer could provide sound counsel to you in the aftermath of a serious crash and advise you regarding your best legal options. You may be entitled to financial recovery for the losses you have endured, but securing compensation could be challenging without the assistance of an experienced attorney.
A lawyer could negotiate with the insurance company on your behalf and assert a strong claim for damages based on the full magnitude of your injuries and other losses. Schedule your case consultation to discuss your claim with a Roswell attorney.