Indianapolis Overloaded Truck Accident Lawyer

Large trucks, often referred to as semi trucks or tractor-trailers, are a common sight on Indiana’s bustling interstates and local roads. While essential for commerce, these massive tractor trailers can pose significant risks, especially when they are overloaded, necessitating an Indianapolis overloaded truck accident lawyer.

An overloaded truck is not just a regulatory violation; it’s a direct threat to the safety of you, your loved ones, and every motorist sharing the road. In these situations, an Indianapolis overloaded truck accident lawyer is a critical first step toward justice and fair compensation.

At Crossen Law Firm, we understand the devastating impact of truck accidents. Our experienced team is dedicated to helping victims navigate the intricate legal landscape and hold negligent parties accountable. Understanding your personal injury rights and the intricacies of truck accident case law is paramount.

Crossen Law Firm: Experienced Truck Accident Attorneys

Our truck accident lawyer team will meticulously analyze the circumstances surrounding the Indianapolis truck accident to determine if federal or state weight regulations were violated. We work with accident reconstruction experts to understand the physics of the crash and demonstrate how the overloading contributed to the incident.

Dealing with an insurance company can be daunting; we handle all communications and negotiations to ensure your rights are protected. We aim to secure maximum compensation for your injuries and losses, including wrongful death, while holding trucking companies accountable. Contact a truck accident lawyer today at 317-401-8626.

When is a Truck Overloaded?

A truck is considered overloaded when its overall weight or axle weight exceeds the limits set by the Federal Motor Carrier Safety Administration (FMCSA) and Indiana state law. For most semi trucks operating on U.S. interstate highways, the maximum gross vehicle weight is typically 80,000 pounds, though specific limits can vary based on the truck’s configuration and the number of axles.

Gross Verses Axle Weight

It’s important to distinguish between gross vehicle weight and axle weight. A semi truck might be within its total gross weight limit but still be overloaded on a specific axle, which can also lead to dangerous handling characteristics and truck accidents.

Determining if a semi truck was overloaded at the time of an Indianapolis truck accident often involves examining weigh station records, bills of lading, and post-accident inspections. An Indianapolis truck accident attorney will investigate these aspects thoroughly.

Federal Regulations for Cargo

Federal trucking regulations, primarily enforced by the FMCSA, provide detailed rules regarding cargo weight, distribution, and securement. These regulations (49 CFR Part 393) mandate that cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage, or dunnage bags, shoring bars, tie-downs, or a combination of these.

The goal is to prevent cargo from shifting, leaking, spilling, or falling from commercial vehicles. Failure to comply can lead to improperly secured cargo, a major factor in many truck accidents.

Why a Truck May be Purposefully Overloaded

The primary motivation for purposefully overloading large trucks is economic. Trucking companies, the truck operators themselves, may overload vehicles to increase the amount of freight transported per trip, but they may also overload trucks to:

Improve Profits:

Some truckers might face pressure from their employers to meet unrealistic deadlines, leading them to take risks like overloading. Employers know that fewer trips mean more profits, but unfortunately, this practice shifts the cost from the trucking company to the public, in the form of increased road wear and more tragically deadly crashes involving these heavier commercial vehicles. An Indianapolis truck accident lawyer can help uncover such negligent practices.

Avoid Permit Costs:

Some states require special permits for overweight loads. To avoid these fees and the associated paperwork, some operators may choose to risk overloading, hoping to evade detection. This is a reckless gamble with public safety and a common precursor to truck accidents.

Logistical Issues

If a company gets behind on orders, trucks may be overloaded to meet demand. Roadways that are frequently used by trucking industry drivers may encounter increased traffic leading to longer delivery times. Global supply issues may even cause companies to overload trucks to meet demands once product supplies become available again.

Lack of Enforcement

Semi truck drivers and companies may take chances with overloaded trucks when they know the areas they are operating in have lax enforcement of weight and cargo restrictions. Drivers may even bypass weigh stations if they know there is a chance they will not be penalized.

All these reasons can contribute to increased weight and truck presence on roads and lead to increased truck accidents. An Indiana truck accident attorney will be experienced in dealing with these situations and able to demonstrate to the opposing insurance company the extent of damages required after your accident.

Why Overloaded Trucks Pose Such a Danger to Passenger Vehicles

Trucks that are purposefully or accidentally overloaded are a grave danger to passenger vehicles for several reasons including:

Stopping Distance Increases With Weight

When a semi truck is overloaded, its stopping distance increases significantly. This means that even if the truck driver reacts promptly to a hazard, they may not be able to avoid a collision, leading to potentially tragic truck accidents. This is a critical factor in many semi truck crashes and car accidents involving large trucks. An Indianapolis truck accident lawyer will often hire experts to determine if semi-truck drivers maintained the appropriate stopping distance while driving.

Reduced Emergency Performance

In emergency situations requiring sudden braking or swerving, an overweight truck is far less responsive than a legally loaded one. This lack of control makes accidents like jackknifes and underrides more likely, both of which often involve catastrophic injuries to passenger vehicle drivers passengers. Tire blowouts, caused by an increase in weight, can also cause these types of semi-truck accidents.

Increased Risk of Rollovers

Excess weight, especially if improperly distributed, raises a truck’s center of gravity. This makes the tractor trailer more susceptible to rolling over, particularly on curves, during sharp turns, or in high winds, leading to catastrophic truck accidents.

Infrastructure Damage and Its Dangers

Beyond the immediate crash risk, overweight trucks cause premature wear and tear on roads and bridges. This infrastructure damage can itself create hazards that lead to truck accidents for all types of vehicles, not just commercial trucks.

How an Overloaded Accident Can Happen

An overload accident can occur in numerous ways. A combination of economic pressures, equipment failures, driver behaviors, and environmental factors all contribute.

Equipment Failures

Equipment malfunctions, such as brake failure, is another major cause. Brakes on semi trucks are designed for specific weight limits; exceeding these can cause them to overheat and fail, especially on downgrades. This type of equipment failure is a hallmark of negligence in many truck accidents. Shifting cargo due to improper loading or overloading can also upset the truck’s balance, leading to rollovers or jackknife semi-truck accident scenarios. Further causes may include:

Speeding

When a truck driver is operating an overweight truck and also speeding, the risks multiply exponentially for other vehicles. Increased speed increases the truck’s momentum, making the truck even harder to stop and control, dramatically increasing the severity of any resulting truck accidents.

Poor Weather Conditions

Inclement weather, such as rain, snow, or ice, already makes driving more dangerous. Add an extra heavy truck to the mix, with its compromised handling and braking, and the recipe for a serious accident is complete.

Spinal Cord Injuries and Overloaded Truck Accidents

The immense forces involved in truck accidents, particularly those caused by an overweight truck, can lead to some of the most devastating injuries imaginable, including those to the spinal cord. Spinal cord injuries victims may sustain in a semi-truck accident include:

• Spinal Fractures: These may include compression, burst, and flexion, and lead to chronic pain, and limited mobility.
• Whiplash/Soft Tissue Injuries: Muscles and ligaments are damaged leading to neck pain and stiffness, headaches, and potential nerve problems.
• Herniated and/or Bulging Discs: Ruptured or dislocated discs put pressure on the spinal cord and nerves. Pain, numbness, and limb weakness can result.
• Complete Spinal Cord Injury: A total loss of function below the injury site can occur. These injuries are further classified as paraplegia and quadriplegia, essentially meaning below or at the cervical level.
• Incomplete Spinal Cord Injury: An incomplete injury denotes partial preservation of function. These injuries are further classified as anterior cord, central cord, and Brown-Sequard syndrome(s).
• Emotional Injuries: And the impact of spinal cord injuries aren’t just physical. Victims often experience significant emotional and psychological trauma, including PTSD, anxiety, and depression. These non-physical injuries are also considered when pursuing a personal injury claim since they can lead to things like lost wages.
• Besides damage to the spinal cord, victims of commercial truck accidents often suffer traumatic brain injuries, multiple fractures, internal organ damage, and severe burns. The recovery process can be long, painful, and expensive.

The consequences of operating an excessively loaded truck can be severe, ranging from hefty fines and penalties to the tragic loss of life in a collision. Accidents involving semi trucks frequently cause life-altering catastrophic injuries.

Trucking Company Negligence: What You Need to Know

Negligent Hiring Practices

Trucking companies have a duty to properly vet their drivers. This includes making sure their drivers are properly licensed according to state and federal laws. Employing commercial truck drivers with a history of safety violations, such as traffic violations, DUI offenses, or a criminal background can also establish liability, particularly when it leads to lost income for victims.

Failure To Train

Trucking companies have a responsibility to train their truck drivers and ensure they are complying with safety regulations, including weight limits and hours-of-service rules designed to prevent driver fatigue.

They might have failed to adequately train their staff on proper loading procedures and weight limits, or failed to implement or enforce safety policies related to federal trucking regulations as it impacts other vehicles on the road.

Failure To Supervise

They may have directly encouraged or pressured truck drivers to overload vehicles to cut costs, often in collusion with insurance carriers. Heavier loads can also indirectly contribute to driver fatigue.

An overweight truck is more challenging to drive, requiring more effort and concentration from the commercial truck driver, potentially leading to quicker exhaustion and increasing the risk of truck accidents. While this is a form of driver negligence, employers also have a duty to adequately supervise drivers to make sure they are operating their vehicle safely.

Ignoring Maintenance Schedules

Skipping or delaying required vehicle maintenance to keep semi trucks on the road longer can lead to mechanical failures, especially when a truck is overloaded. This improper maintenance is a clear sign of negligence contributing to truck accidents.

Furthermore, if the trucking company failed in its duty regarding truck maintenance, and this failure led to equipment failure (like faulty brakes or worn tires), they can be held responsible. Overload truck accidents often reveal systemic issues within the company, and holding trucking companies accountable is a key goal for an Indianapolis truck accident lawyer.

Falsifying Records

In some cases, trucking companies or truck drivers may attempt to falsify driver logs or shipping documents to conceal overloading or other safety violations. An experienced truck accident attorney knows how to obtain and interpret records to determine if falsifications were made.

Future Medical Expenses After an Overloaded Accident

Victims of accidents in which trucks were overloaded often face extensive and ongoing medical expenses. The insurance company will try to deny the seriousness of the victim’s injuries.

Short-Term Expenses

You may be entitled to compensation for all current and future hospital bills related to your injuries. This includes initial emergency room treatment, hospital stays, surgeries, and physician visits.

Long-Term Expenses

Expenses also cover long-term needs such as physical therapy, rehabilitation, prescription medications, medical equipment (like wheelchairs or prosthetic devices), and in-home nursing care. For those with more severe injuries, these future expenses can be astronomical, potentially lasting a lifetime.

Additionally, you can also claim lost wages if your injury diminished your ability to earn income, especially if this diminished ability has affected your future earning capacity. An Indianapolis truck accident attorney will work with medical experts to project future costs accurately to ensure they are part of your truck accident case claim.

Pain and Suffering

Though often not categorized as “medical” the mental health of accident victims, especially if their accident involved a wrongful death, is very important when seeking damages. Emotional distress, mental anguish, loss of enjoyment of life, and disfigurement resulting from the truck accident critically impact victim health. These damages, though harder to quantify, are a significant part of a personal injury claim.

How To Drive Near and Around a Truck With “Overload Size” Signage

When you see a commercial truck displaying “Oversize Load” or similar signage, it’s crucial to exercise extreme caution. These signs indicate that the large truck may be wider, longer, taller, or heavier than standard semi trucks, or it might be a pickup truck with an unusually large haul. Drivers involved should give these other commercial vehicles plenty of space by practicing the following:

Avoid Lingering in a Truck’s Blind Spots

“No-Zones” – are specific blind spots around the rig a driver cannot see . . generally along each side, directly in front, and directly behind. If a truck driver cannot see you, they cannot react to your presence.

Be patient; oversized loads often travel at slower speeds and may require more room to maneuver, especially when turning. Never cut in front of a large vehicle and then slow down suddenly, as their increased stopping distance makes it difficult for them to avoid a collision. Your awareness can prevent truck accidents.

Passing Safely

If you must pass an oversized truck, do so quickly but safely, ensuring you have ample clear space ahead. Never pass on the right, as truck drivers may not expect you there. Be mindful that some of these huge vehicles may have escort vehicles, which also demand your attention and respect.

Maintain a Safe Following Distance

Always maintain a generous following distance when behind any large truck, particularly one that appears to be overloaded, or has “Oversize Load” signage. This gives you more time to react if the truck stops suddenly or if debris falls from it. This simple precaution can prevent Indiana truck accident situations, such as underride accidents.

Crossen Law Firm: Your Overloaded Truck Accident Ally

Accidents involving overweight trucks are among the most dangerous and complex types of collisions on our roadways. The combination of excessive weight, compromised vehicle performance, and potential for negligent drivers creates a high risk for devastating truck accidents, leading to severe injuries, including traumatic brain injuries, spinal cord injuries, and even wrongful deaths. Victims of these Indianapolis truck accident events often face a challenging road to recovery, burdened by significant medical expenses and lost income.

If you or a family member has been hurt in a collision with an overweight truck or any commercial vehicle, it is vital to seek experienced legal representation immediately. The Indianapolis truck accident attorneys at Crossen Law Firm have the knowledge, resources, and dedication to investigate your truck accident case thoroughly, identify all liable parties—from the tractor-trailer driver to the trucking company—and fight tirelessly to hold them and their insurance company accountable.

Truck accident lawyers understand the tactics insurance companies use to minimize payouts and are prepared to counter them to secure the most money you deserve. The truck accident attorneys at our law firm handle the legal process so you can focus on healing.

Contact Us Today

Don’t navigate this challenging time alone. Contact Crossen Law Firm today for a free consultation to discuss your Indiana truck accident. Let our compassionate and skilled truck accident lawyer team help you understand your rights and options.

Call us at 317-401-8626. We are here to help truck accident victims in Indianapolis and across Indiana fight for the justice they deserve after serious accidents caused by overloaded semi trucks and other large commercial vehicles.