Overweight / Overloaded Trucks

West Palm Beach Attorneys Helping Victims of Big Rig Accidents

When a truck is overloaded with cargo, it threatens the safety of everyone else on the road. An overweight big rig can tip over, or it may be more difficult to maneuver because of the additional burden. At Frankl Kominsky, we represent victims of serious crashes in West Palm Beach and the surrounding area. Our truck accident lawyers offer seasoned representation in complex cases. We can investigate the crash to see if truck overloading was a factor in causing your injuries, and we can help you pursue a claim for damages against the responsible parties.

Dangers Posed by Overweight and Overloaded Trucks

Federal law requires that states implement a process by which they can identify overloaded commercial vehicles. The Florida Highway Patrol has set up weigh stations where trucks and drivers are assessed for compliance with the applicable restrictions, as well as other regulations like driver qualification and record-keeping requirements. An inspector or trooper will determine if a vehicle is over the limits on axle, gross, or bridge weight. Florida requires commercial drivers to offload their big rigs if their cargo exceeds the permitted gross weight by more than 6,000 pounds.

Despite the measures in place to prevent overweight trucks on our roads, they remain a threat to the safety of motorists. If a big rig is overloaded, or if the cargo’s weight is not properly distributed throughout its axles, the driver can lose control of the vehicle and cause a crash. The excessive burden can also put pressure on the truck’s braking ability, which can result in malfunctioning brakes.

File a Negligence Lawsuit to Hold Truck Drivers and Companies Accountable

Truckers and their employers may be held liable for overloading their vehicles. You can pursue a personal injury claim against any party responsible for a crash to seek damages for the harm that you suffered. Most accident victims who take legal action choose to file a negligence lawsuit.

In Florida, negligence is the failure to act with the care that a reasonably prudent person would use to prevent foreseeable risks of harm to others. To succeed in this claim, a victim must show that the defendant had a legal obligation to act with care, failed to fulfill this obligation, and caused injuries and damages as a result. Violating a regulation, such as failing to comply with weight requirements, can indicate a breach. If a truck driver acted carelessly, his or her employer may be vicariously liable for the negligent conduct. A company is liable for its employee’s actions if they were taken within the scope of his or her work duties and in furtherance of the company’s interests.

Truck accident cases are often large and complex. Important evidence may go missing, but sometimes a defendant will intentionally interfere with it. When this occurs, a court will sanction the party that tries to avoid liability by using this improper tactic. Sanctions may include an adverse inference instruction to the jury, or the exclusion of expert testimony.

You can receive compensation for your truck accident injuries if you are successful in a negligence claim. Expenses that you may be able to recover include medical bills, missed wages, loss in earning capacity, pain and suffering, and property damage. You must initiate your claim within two years from when the accident occurred, or you may lose your right to seek compensation.

Tenaciously Representing Truck Crash Victims in West Palm Beach

The diligent big rig accident attorneys at Frankl Kominsky assist individuals recovering from serious injuries throughout Palm Beach County. If you have been hurt by someone else’s negligence, we will conduct an exhaustive investigation of the accident to determine if truck overloading or other violations contributed to it. We will stand up for your right to damages against those responsible for harming you. Our clients come from communities such as Delray Beach, Boca Raton, and Palm Beach Gardens. Call us at (855) 800-8000 or fill out our online form for a free consultation. We are fluent in Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon