Justia Lawyer Rating
American Association for Justice
Southwest Florida Hispanic Chamber of Commerce
The Best of Cape Coral 2020
The National Trial Lawyers Top 100
BBB Accredited Business

Overweight / Overloaded Trucks

Overweight Truck

Overweight and overloaded trucks pose a great safety risk to everyone on the road.

At Lusk, Drasites, & Tolisano, our truck accident lawyers understand the harm that people can suffer when these vehicles are improperly loaded.

Our truck accident attorneys work hard to seek the compensation that victims deserve for their harm. Continue reading to learn more!

Why Overloaded Trucks are Dangerous

Both state and federal regulations govern the amount of weight that a commercial vehicle is permitted to carry. Trucks have a Gross Vehicle Weight Rating (GVWR). This GVWR is calculated by rating several different parts of the truck, including the axles, suspension, frame, powertrain, and brakes. Trucks are not permitted to carry more weight than what the GVWR allows.

If a truck is overweight, the driver can have a harder time controlling the vehicle because of its increased downhill speed, decreased speed driving uphill, and longer braking distance than other trucks. An overloaded truck also has a higher center of gravity, making it more likely to roll over and crash.

Proving Negligence

If a truck is overweight or overloaded and a crash occurs, the victim can try to demonstrate that the driver or company violated safety standards. This creates a presumption of negligence. It is important to note that both truck drivers and trucking companies can be liable for wrecks resulting from negligence.

If you or someone you know has been harmed due to an overweight or overloaded truck, you may be able to seek compensation from the at-fault truck driver as well as the driver's employer.

To prevail on a negligence claim, the victim must establish the following:

  • Victim was owed a duty of care by the defendant
  • Defendant breached this duty
  • Defendant's breach caused or substantially contributed to the accident
  • Victim suffered quantifiable damages as a result
Damages for Truck Accident Injuries

Victims of overweight and overloaded truck accidents may be entitled to compensation for medical expenses, loss of income and benefits, pain and suffering, emotional distress, property damage, and more. The exact amount of compensation will vary based on the details of the case. In some cases, victims are awarded a lump-sum amount of money, while in other cases the compensation is given to the victim in installments over a certain period of time.

Statute of Limitations for Truck Accidents

Personal injury claims must be filed within a certain time frame, known as the statute of limitations. Under Florida law, a personal injury claim must be filed within 4 years from the date of an accident. If you have tragically lost a loved one due to someone else's negligence, wrongful death claims have a two-year statute of limitations.

Our Legal Team

Our Florida truck accident attorneys can help people who have been harmed by negligent commercial drivers and trucking companies. We can meticulously gather the facts of your case, assess your legal options, and assert your rights in settlement negotiations and at trial. Our truck accident lawyers represent victims near Cape Coral, Fort Myers, and Naples. To set up a free consultation, call us toll free at (800) 283-7442.

Client Reviews
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
"Very professional staff. They treat you like family." - Karen R.