An overweight truck is the result of someone putting profits ahead of safety. Extra weight can cause or contribute to serious truck accidents, so everyone on the road is at risk.
Colling Gilbert Wright represents people injured in overloaded/overweight truck accidents in Orlando. We are also known as The Florida Firm, and we have been achieving outstanding results for injured people in Central Florida for more than 20 years. Most of our clients come to us through referrals from other lawyers and local professionals, who trust our attorneys’ knowledge, work ethic, and professionalism.
Why Is an Excessively Heavy Truck Dangerous?
The amount of weight a tractor-trailer can haul safely depends on the number of axles. Federal law sets the maximum weight for a full-sized tracker trailer at 80,000 pounds. Florida also calculates the distance between axles when setting weight limits for trucks hauling some agricultural products.
When a truck hauls excess weight, it can affect the vehicle’s performance. Overweight trucks are prone to distorted steering, brake overheating, and tire failure. Truckers hauling an overweight or unbalanced load must cope with:
- Slow ascents
- Excessive speed on descents
- Sluggish steering
- Increased stopping time
- Increased risk of rollovers and jackknives
- Loss of control
Any of these scenarios can lead to serious accidents.
Our Orlando truck accident attorneys are experienced at investigating wrecks and know the indicators of excess weight or overloading. When we find that excess cargo was a factor in the crash, we can hold the trucking company financially liable for your injuries.
Common Injuries in a Serious Truck Accident
Any sort of collision between a loaded tractor-trailer and a passenger vehicle can cause extreme damage to the smaller vehicle and result in severe injuries to its occupants. In many cases, the injuries are significant enough to meet Florida’s legal threshold for bringing a lawsuit against the responsible parties.
Complex fractures that include lingering nerve damage, severe internal injuries that permanently impact the functioning of bodily systems, and injuries that lead to limb amputation may occur in these accidents. If one or both vehicles catch fire, you could suffer painful and disfiguring burns. Catastrophic injuries like spinal cord damage and severe traumatic brain injury are possible.
Our lawyers at The Florida Firm in Orlando can help with a range of issues while you recover from severe injuries after an overloaded or overweight truck accident. We will ensure that you get the medical treatment and rehabilitative services you require to make the fullest possible recovery. Our staff can negotiate with your creditors to ease any financial strain you may be experiencing and help you apply for disability benefits.
Holding the Trucking Company Accountable
Overloading a tractor-trailer does not happen accidentally. An overloaded truck poses a higher risk to other road users, so loading it with excess weight is negligent. The trucker is responsible for driving the vehicle despite the overload, but in most cases, the trucking company is also legally liable.
When you bring a lawsuit against the trucking company, you can claim all the expenses and losses your PIP did not cover. You are entitled to claim future anticipated losses, like ongoing medical treatment and diminished earning capacity, and compensation for your pain and suffering. Colling Gilbert Wright attorneys have obtained numerous substantial verdicts and settlements in truck accident cases.
Punitive Damages Might Be Available
Our Orlando attorneys might advise you to claim punitive damages in an overloaded truck case. Florida Statute § 768.72 allows you to seek punitive damages when a defendant, like a trucking company, is grossly negligent. These damages are additional money a defendant must pay you as a penalty for egregious conduct.
Overloading a truck is an intentional act driven by the profit motive and puts innocent people at risk, so it could be considered gross negligence. The law limits punitive damages in most cases. When a grossly negligent act is motivated by profit, punitive damages are limited to four times compensatory damages or $2 million, whichever is greater.
Consult Our Orlando Attorneys If You Were Injured in an Overloaded / Overweight Truck Crash
There is no excuse for overloaded/overweight truck accidents in Orlando. These crashes involve intentional wrongdoing, and it is essential to hold the wrongdoers accountable.
Contact The Florida Firm for help pursuing a claim against a trucking company. We only charge fees and expenses if we win money for you, so you risk nothing and have everything to gain. Set up a free consultation with us today.