Overloaded trucks are a real problem in West Virginia; however, we don’t have reliable statistics that show the frequency of overloaded truck accidents. Trucking companies have a direct incentive to load their trucks past legal limits, since they can increase profits by reducing the number of trips. Unfortunately, public safety suffers.
If you were hurt in an overloaded truck accident, you can benefit from hiring an experienced legal team. Kaufman & McPherson can jump in and begin documenting your crash, searching for evidence that the truck was overloaded, and doing the other things that need to be done quickly in a truck accident case. Give us a call to schedule a free consultation with a West Virginia truck accident lawyer.
Why Statistics Are Scarce
We unfortunately don’t know how frequently overloaded trucks crash because there are no reliable statistics regarding the weight of trucks involved in accidents.
For one thing, the state did not require weighing freight after an accident for years. Public safety organizations have highlighted lax enforcement as a public safety threat. They pointed to the coal industry overloading trucks as they come down the mountains.
Second, the freight might spill after an accident. Imagine a dump truck that’s involved in a crash. The box opens, and material flows all over the road. The state will not gather all the material and then weigh it, as that will take too much time. Furthermore, if the truck was carrying fuel or other liquid, then the “cargo” will likely seep into the ground.
Despite the shortage of statistics, we know that trucks are more likely to crash when they are overloaded. There is a reason the state sets limits for various trucks that drive on West Virginia roads.
Why Overloaded Trucks Get into Accidents
There are real risks associated with overloading a truck. Based on observations, overloaded trucks are more likely to get into some common collisions:
- Rollovers. An overloaded truck is at greater risk of rolling onto its side, especially if the cargo is not balanced properly. The truck is much harder to maneuver, especially on turns. A truck that rolls over can land on a nearby vehicle.
- Overrides. The heavier a truck is, the more time it needs to come to a stop. A trucker might not be expecting his overloaded truck to need so much space. The truck might easily ride over a smaller vehicle in the way, which can be a deadly accident.
- Blown tire accidents. Truck tires take a pounding. The increased weight only adds to the stress, which might cause one or more tires to blow. An 18-wheeler can become unmanageable when this happens, and the truck might depart its lane and crash into a nearby vehicle.
Overloading is a serious safety hazard, which is why West Virginia has multiple laws on the books. Under West Virginia Code § 17C-17-9, any vehicle on the national interstate highway system cannot exceed 80,000 lbs. gross weight. That is 40 tons.
- For vehicles on state highways, the weight limit will depend on the axles:
- Single-unit truck (1 steering and 2 tandem axles): 60,000 lbs. gross weight
- Single unit truck (1 steering and 4 axles): 73,000 lbs. gross weight
- Tractor-semitrailer (5 or more axles): 80,000 lbs. gross weight
Can You Receive Compensation for an Overloaded Truck Accident in West Virginia?
Yes. Anyone who overloads a truck has failed to exercise ordinary care, and they are liable for foreseeable accidents. Some of the defendants might include:
- Truck driver. A trucker should inspect a load before pulling out for a haul. The trucker should also notice if more weight has been loaded than allowed.
- Trucking company. The company that owns the vehicle could be responsible. They might have a policy of overloading their vehicles, which presents an unacceptable safety risk. Trucking companies must follow the law regarding weight limits. Further, the trucking company is usually liable for its truck driver’s negligence.
- Loading company. Sometimes, freight is loaded onto a truck by the company that owns it or by dock workers. They could be liable for overloading a vehicle.
How do you prove the truck was overloaded? This is a challenge with accident cases. It’s not enough under West Virginia law that you were hurt. Our firm needs solid evidence of negligence or other wrongful conduct.
We usually rely on various pieces of evidence, including bills of lading and witness testimony. We need proof that the trucker or another defendant engaged in dangerous or careless activity. It is normally not required to prove with precision how much weight the truck was carrying.
Steps to Take After an Overloaded Truck Accident
Truck accidents are terrifying. Anyone struck by a semi or other truck should immediately take steps to protect themselves and their legal rights:
- Ensure everyone’s safety. Injuries might be severe, given the weight of these vehicles. Pull survivors to safety and call an ambulance if anyone is seriously injured.
- Report the accident to the police. The police should come to the scene and create a report.
- Photograph the vehicles and cargo. If you can move, use your phone to photograph your vehicle and the commercial truck that struck you. There might be a cargo spill if the truck were overloaded, so photograph that as well.
- Obtain medical care. A successful claim requires detailed proof of injuries, as well as the cost of your medical care. Go to the hospital once you are finished at the scene.
- Consult an experienced truck accident lawyer. A lawyer is your best friend after any type of truck collision.
A lawyer can begin a thorough investigation. Some relevant evidence is not easy for ordinary citizens to find, such as electronic data from the “black box” or company policies. For example, a trucking company might create incentives for truckers to overload their vehicles. We might smoke out this type of illegal policy through document requests.
Speak With a Proven West Virginia Truck Accident Lawyer Today
Kaufman & McPherson is dedicated to obtaining fair compensation for our clients in the 26330 zip code and throughout West Virginia. Every week, we hear from men and women suffering from major injuries. Let us review the strength of your case and determine which steps to take next. Contact us to schedule a free consultation with our office.
