Liability in Accidents Involving Overloaded Commercial Trucks

Many trucking companies want their drivers to transport as much cargo as possible. This is because more trips or more trucks cost more money. Companies that request and arrange shipments often overload their trucks and/or fail to properly secure the cargo in the truck in the rush to make faster deliveries. Excess weight and shifting cargo can easily cause a truck driver to lose control of their truck. Overloaded cargo can spill onto the highway, creating a nightmare for every vehicle and person near the truck. Excess weight can cause tire blowouts, which may lead to truck rollovers and other types of deadly and catastrophic truck accidents.

What federal regulations govern loading and unloading commercial trucks?

The Occupational Safety and Health Administration (OSHA) has specific rules on the proper loading of cargo, depending on the type of materials being loaded and many other factors.

What North Carolina regulations govern truck weight limits and truck overloads

North Carolina regulates the weight of commercial trucks based on the number of axles the truck has and the distance between the axles.

North Carolina Statute, 20-118, provides that:

• The single‑axle weight of a vehicle or combination of vehicles shall not exceed 20,000 pounds.
• The tandem‑axle weight of a vehicle or combination of vehicles shall not exceed 38,000 pounds.

Generally, the gross vehicle weight for up to four axles is 80,000 pounds.

According to the DOT Compliance Group, the maximum dimensions for oversized trucks in North Carolina are as follows:

Maximum Dimensions:

• Width: 15 feet maximum (16 feet for mobile homes)
• Length: 105 feet maximum (mobile/modular homes)
• Height: Determined by vertical clearances on the route

Why are overloaded trucks dangerous?

Trucks that have too much cargo increase the risk of a truck accident for many reasons, including the following:

• Excess weight moves a truck’s center of gravity, making the truck more likely to roll over or skid.
• The heavier a truck the more time and distance and truck needs to come to a complete stop. Trucks that need more time and distance to stop are more likely to cause rear-end collisions. They’re also more likely to cause accidents when there’s any type of emergency, such as road construction, a dangerous road condition, another accident, or a deer crossing the road.
• Greater impact. Even unloaded trucks are much heavier and bigger than cars. When truck accidents happen in North Carolina, the occupants of smaller trucks, cars, and motorcycles are likely to suffer serious injuries or death because of the force of the impact of any collision. The force of the impact only increases as a truck gets heavier with the addition of more cargo.
• Equipment dangers. The heavier a truck is, the more pressure there is on the truck’s tires, brakes, and suspension. This excess weight can cause the following equipment problems:
  • Tire blowouts. Manufacturers design tires to handle specific weight loads. The tires or the manufacturer’s manuals should state how much weight the tires can handle. If even one tire blows out, a truck driver can lose control of their truck, causing the driver to veer into other lanes of travel, skid (which can cause a jackknife accident), roll over, or have other types of truck accidents.
  • Overloaded trucks can cause the brakes of the truck to lose their effectiveness, in addition to needing more time and distance to stop. The physics are straightforward. More weight means more momentum. More momentum means a greater effort is necessary to force the truck to stop.
  • Overloaded suspension. A truck’s suspension helps provide for a smoother ride. Overloaded trucks can cause wear and tear on the suspension system, making the truck harder to control, especially when the truck hits a rough patch of the road.

Heavier trucks are also more difficult to maneuver.

Who is liable for truck overload accidents?

Our Charlotte truck accident lawyers file personal injury and wrongful death claims against everyone responsible for your injuries or the death of a loved one. The people and companies that may be liable for an accident due to overloaded trucks include the following:

• The driver of the truck
• The truck driver’s employer
• The owner of the tractor, trailer, or both
• The companies that request the shipment
• The broker that arranges the shipment
• The companies that load and secure the cargo

Generally, truck drivers file workers’ compensation claims against their employers. The families of truck drivers who are killed in truck accidents file a workers’ compensation claim for death benefits against the driver’s employer.

Truck drivers and anyone else who suffers injuries in a truck accident can file a personal injury claim against all the responsible parties. Likewise, the family of anyone who dies in a truck accident can file a wrongful death claim against the responsible parties.

How do your truck accident lawyers prove that an overloaded truck contributed to an accident?

Our Charlotte truck accident lawyers fight for victims in many ways, including the following:

• We work with truck industry professionals who understand the federal regulations, state regulations, and industry standards for the proper loading of trucks, depending on the type of truck and cargo.
• Our lawyers hire investigators to investigate the accident, speak with witnesses, and inquire of nearby businesses and residences whether they have any video of the truck accident.
• We request the right to review any black boxes, electronic logging devices, or other relevant information.
• Our team works with your doctors to verify your injuries, the cost of your medical care, your pain and suffering, your property damage, and all other financial and personal damages.

At Price Petho & Associates, we’ve helped numerous truck accident victims like you obtain strong recoveries. In one illustrative case, we obtained $3 million for a married construction worker who became a quadriplegic due to cargo falling from an 18-wheeler. One of the cages fell from the 18-wheeler onto the roof of our client’s car, crushing the plaintiff’s spine. Our firm retained multiple experts to help show that the defendants’ trucking company and truck driver failed to properly and adequately secure their load, and that the cargo restraint system used by the defendant company was outdated, rusted, and in disrepair.

Our Charlotte, North Carolina, personal injury lawyers fight tenaciously for accident victims and the families of loved ones who die in truck accidents. Contact us today to schedule a free consultation.