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Overloaded and overweight trucks present many dangers for commuters on the roadway. Trucks that are above the legal weight limits can tilt, roll, jackknife, and cause dangerous, multi-vehicle pileups. Unfortunately, overloaded/overweight truck accidents in Rock Hill are all too common, and victims frequently suffer severe injuries.
To prevent these incidents, truck drivers and trucking companies must follow the legal limits for the amount cargo their vehicles may safely carry on the road. If you were harmed by an overly heavy tractor-trailer, discuss your case with an experienced truck lawyer at Schiller & Hamilton. Dedicated legal support could help you recover damages for your injuries by filing a suit against the negligent party.
Overweight Trucks Breach the Duty of Care
Successful negligence actions require that the defendant breaches a duty of care. Drivers of overweight trucks fail that duty, as violations of truck regulations and traffic laws are apparent breaches of reasonable care on the roadway.
Similarly, drivers of trucks with oversized loads must exercise a higher degree of care than other drivers. The weight carried by a vehicle affects the vehicle’s capabilities and presents potential dangers. Truck drivers must drive slower and brake sooner when they are transporting large cargo.
How Does One Prove Cause and Injury in an Overloaded Truck Wreck?
To bring a successful claim, a skilled attorney must show that the trucker’s breach of duty resulted in the injuries sustained by the plaintiff. Legal counsel must also demonstrate that the actions of the truck driver proximately caused the plaintiff’s damages. Overweight truck collisions typically satisfy the breach of duty requirement for a negligence claim, and a dedicated lawyer could help demonstrate that the extra cargo directly caused the injurious accident in Rock Hill.
Additionally, the plaintiff must prove that an injury occurred. Luckily, proving a physical injury is usually straightforward. Overloaded trucking crash victims should maintain detailed records of their injury expenses and document visits with medical professionals.
Damages in Overweight Tractor-Trailer Claims
An injured victim could seek compensation for their medical expenses associated with the overweight truck accident, as well as missed wages from work during their recovery.
Non-economic damages such as mental anguish, pain, and suffering could also be recoverable with the help of a skilled attorney. Mental anguish could be proven in circumstances where an accident caused severe and persistent trauma, and pain and suffering damages are available for plaintiffs that sustained substantial and excruciating injuries.
How Does Comparative Fault Work for Truck Accidents in Rock Hill?
Many states, including South Carolina, have operate under a comparative negligence system. This means that in an overloaded/overweight truck accident in Rock Hill, each party may bear a percentage of the fault in causing the collision. Both plaintiffs and defendants will be apportioned a share of the responsibility by the courts.
In Rock Hill, overweight truck accidents often involve multiple negligent individuals. As such, these cases can be complex in determining who is responsible for damages and what amount of compensation an injured victim may be eligible to recover. A knowledgeable lawyer in the area could further explain how comparative negligence laws may apply to a specific overloaded tractor-trailer case.
Seek Legal Counsel for Overloaded/Overweight Truck Accidents in Rock Hill
When an overloaded truck is involved in a collision, the trucker may be liable for negligently operating the vehicle, or their employer could be responsible for violating weight regulations. If you were injured in a collision with a semi-truck or tractor-trailer, call a lawyer who focuses on overloaded/overweight truck accidents in Rock Hill to help determine who could be held accountable in a claim for damages.
At Schiller & Hamilton, our legal team is skilled at evaluating the facts of a case and helping injured victims recover from their losses. Contact us today to schedule a consultation about your circumstances.