Overweight or Overloaded Trucks

Trucks have a Gross Vehicle Weight Rating (GWVR), which refers to the maximum amount of weight a truck can carry. If a truck is overloaded or overweight, it increases both the risk and force of impact of a traffic collision. The truck is also more likely to lose control.

Victims of truck crashes caused by overweight or overloaded trucks will benefit by proving that cargo problems caused or contributed to a crash. Associates and Bruce L. Scheiner, Attorneys for the Injured, has developed a network of legal professionals, investigators and outside experts over more than four decades of helping injury victims. Call today at 800-646-1210 to schedule a free consultation and learn how we can help prove your truck accident claim.

Trucks have a Gross Vehicle Weight Rating (GVWR) assigned by the manufacturer. The GVWR is noted on a truck’s information plate. The Federal Motor Carrier Safety Administration makes clear that plates with GVWR should not be removed. If a truck has no plate, roadside enforcement officers should assume that the vehicle has a GVWR of 26,001 or more pounds and thus must comply with all standards for Commercial Motor Vehicles.

The GVWR of a truck is calculated by rating the axels, frame, suspension, powertrain and brakes. Trucks are not allowed to carry more weight than the GVWR permits. Further, on interstate highways, trucks must not exceed a GVWR of 80,000 pounds. Exceptions may be made for intrastate trucks with heavy loads including logging and construction trucks.

If a truck is overloaded and is thus overweight, this can impact truck performance. An overweight or overloaded truck can have an increased downhill speed and a decreased speed going uphill. The truck may have a longer stopping distance than normal and will be more prone to rollover.

The driver will also have less control over steering, and cargo is more likely to shift. The Large Truck Causation Study conducted by the National Highway Traffic Safety Administration (NHTSA) indicates that cargo shifts caused 2,316 single-vehicle truck crashes and 65 multi-vehicle truck collisions. In total, 11 percent of truck collisions resulted from cargo shifts.

Weigh stations are present throughout Florida to determine whether trucks are in compliance with gross vehicle weight ratings. If a truck is overweight and a crash occurs, the victim can show the driver violated safety rules. This creates a presumption of negligence. Both truck drivers and trucking companies can be held legally liable for crashes resulting from negligence.

Associates and Bruce L. Scheiner, Attorneys for the Injured, represent accident victims injured in crashes caused by overloaded trucks. Victims may be entitled to compensation for medical costs, loss of income, pain and suffering, emotional distress or wrongful death. Our Florida trucking accidents lawyers do not charge legal fees for representation unless we help you obtain compensation for damages. Call today at 800-646-1210 to schedule a free consultation.

Our trucking accident attorneys represent clients from offices throughout Southwest Florida, including Fort Myers, Cape Coral, Naples and Port Charlotte.