Florida Truck Collision Attorneys
Overweight or overloaded trucks are a danger to motorists in Florida. At Holliday Karatinos Law Firm, PLLC, our Florida truck accident lawyers have handled complex truck crash cases, including accidents caused by overweight or overloaded trucks. We provide victims with exceptional legal representation and guidance to help them assert their right to fair compensation. If you suffered injuries in a truck crash, please contact our office today to discuss your case.
Overweight / Overloaded Trucks
An overweight or overloaded truck poses a serious threat to the safety of other drivers on the road. A driver behind the wheel of an overloaded or overweight truck can lose control of the vehicle or fail to brake in time to avoid a crash. The weight of the cargo can also cause the truck to tip over, or the cargo may become loose and strike unsuspecting motorists.
Several federal and state agencies govern truck operations, such as The Federal Motor Carrier Safety Administration (FMCSA), and they impose size and weight restrictions on vehicles. A number of factors impact how much a truck can actually carry, including the truck’s gross weight and gross combination weight rating, working load limit, the number of axles on the vehicle, and its braking ability. States are required to enforce vehicle size and weight laws through their own enforcement process, such as weigh stations and inspections programs. Despite these efforts, overweight and overloaded trucks in Florida present a major problem to the wear-and-tear of our roads and to the safety of other motorists.
Overloaded / Overweight Truck Liability
If you were injured in a truck accident, an overloaded or overweight truck may have caused the crash due to weight limit negligence. You may hold a truck driver and trucking company accountable for your injuries if you can establish liability. In truck accident cases, the basis for a defendant’s liability is usually negligence. A negligence claim requires a showing that the defendant failed to exercise the care that a reasonably prudent person would exercise under similar circumstances. Specifically, negligence requires:
- A duty to exercise reasonable care on the part of the defendant;
- Defendant’s breach of the duty of care (by excessively loading the truck, for example);
- Causation of injuries and actual damages as a result of the breach.
Trucking companies can be held directly and vicariously liable for an accident caused by an overweight truck with overloaded cargo. For example, if it miscalculated the load’s weight, a trucking company can be held directly liable for its negligence. A commercial truck driver’s employer can be held vicariously liable for the driver’s negligent actions if the driver’s negligent actions were within the scope of his or her employment when the crash occurred, and the driver acted, at least in part, to further the employer’s interests.
Avoiding Spoliation of Evidence
By acting quickly in your claim, you can potentially avoid what is called spoliation of evidence. This is intentional destruction or alteration of evidence. Evidence that no longer exists or is otherwise irretrievable can significantly hamper a personal injury claim. Florida courts may sanction the party responsible for spoliation of evidence, but obtaining evidence as soon as possible after an accident can strengthen a claim and potentially prevent spoliation.
Damages and Compensation
You may recover damages if you were hurt in an overloaded truck accident. You can get compensation for your medical expenses, property damage, lost wages, and pain and suffering. Personal injury claims in Florida must be filed within four years from when the accident occurred, so it is vital that you assert your claim within that time frame.
If you lost a loved one in a truck accident, you may seek compensation for his or her medical and funeral bills, and other damages based on your relationship to the victim, such as loss of consortium. Florida wrongful death claims have a two-year statute of limitation.
Experienced Truck Accident Representation
The North Tampa truck accident attorneys at Holliday Karatinos Law Firm, PLLC can help you if you were injured in a truck crash. We have handled complex Florida truck accident cases, including those related to overloaded and overweight truck crashes. Our lawyers will work quickly to secure your rights, investigate the accident, and consult with experts. We can bring our substantial negotiation and advocacy skills to further your right to fair compensation for your injuries. Call us today or contact us through our online form to schedule a free consultation. We represent accident victims in Lutz, Brooksville, and in other local areas.
