Overweight / Overloaded Trucks
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 four 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.