The Texas Department of Transportation reports that truckers haul approximately 1.2 billion tons of freight valued at more than $1.6 trillion across Texas each year. Some of those loads require truckers to secure an oversize/overweight (OS/OW) permit from the Texas Department of Motor Vehicles and travel on roads proven to be able to support the added weight. Overall, this safety measure keeps roads from early deterioration, but other motorists sharing these roads are not necessarily spared from accidents and injuries.
When an overloaded truck crashes into a motorist, the consequences can be dire. Although the majority of truck drivers take their jobs seriously and are conscientious employees, all it takes is one to miscalculate braking distance for heavy cargo, causing overloaded/overweight truck accidents in Hitchcock. Call the knowledgeable truck crash attorneys at Schechter, Shaffer & Harris to discuss how we can get you compensated if this happens to you.
What Causes Overloaded/Overweight Truck Accidents?
The Federal Motor Carrier Safety Administration (FMCSA) imposes an 80,000-pound maximum on long-distance truckers’ loads, although Texas and other states accommodate overweight loads through permits that come with rules. This helps balance safety with the vibrancy of interstate commerce, but it doesn’t help motorists injured in a crash caused by an overloaded or overweight truck. These accidents are caused by:
- Burst truck tires that cause the trucker to lose control of the overweight big rig
- Collapsed roads that also cause a trucker to lose control due to the excess weight
- Overloaded cargo that causes a trucker to gain too much momentum traveling downhill
- Overloaded cargo that causes brakes to fail because they are worn from the friction
- Overloaded cargo that causes roll-over truck accidents because the center of gravity is unstable
Motorists who observe 40 tons of metal and cargo coming toward them usually cannot get out of the way in time, subjecting them to a crushing blow that is catastrophic or fatal in overloaded/overweight truck crashes in Hitchcock.
What Injuries Are Usually Catastrophic?
Survivors face lengthy and expensive recuperation that could involve head, neck, and brain injuries, severe burns, numerous broken bones, and paralysis. These catastrophic injuries come with lifelong consequences, including living with a disability, the need to repurpose a home or van to accommodate a paralyzed person, and the need for help with daily tasks if the injured party will not completely recover. The inability to work can cause financial instability, and chronic pain or disfigurement cause emotional distress.
Truck drivers, and vicariously, their employers could be found negligent for mishandling an overloaded/overweight truck or encouraging a driver to overload a truck to boost profits. As defendants in personal injury lawsuits, they can be ordered to pay for your losses after an accident. Our Hitchcock attorneys know what to do to get you compensated.
Mandatory Liability Insurance for Truck Companies
The US Code of Federal Regulations § 387.9 requires interstate commercial truckers to carry at least $750,000 in liability insurance and up to $5 million if the cargo is hazardous.
The personal injury attorneys at Schechter, Shaffer & Harris are skilled negotiators who can conduct settlement talks with the trucking company’s insurer, but if the offer does not meet our approval, we are also skilled litigators who fight for our clients in court after overloaded/overweight truck crashes in Hitchcock.
Call Us After Overloaded/Overweight Truck Crashes in Hitchcock
Braking a 40-ton truck overloaded with cargo is a tricky feat that even skilled truck drivers may struggle with. If they mishandle the task and you are injured because of it, you are entitled to compensation from them and their employers.
Call Schechter, Shaffer & Harris as soon as you are medically stabilized after overloaded/overweight truck accidents in Hitchcock. Our dedicated team’s goal is to get the best outcome for our clients after a terrifying ordeal. Let us work on your behalf.
