Overweight / Overloaded Trucks

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 Cape Coral 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 (239) 908-4930.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

Client Testimonials

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  • "There isn't enough stars for me to give."
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