Victim of a Collision with an Overloaded or Overweight Truck?
For over a decade the Jurewitz Law Group | Injury & Accident Lawyers have represented hundreds of victims involved in minor to catastrophic tractor-trailer accidents. Our dedicated personal injury team has helped families from all over the greater San Diego area recover damages from at-fault drivers‚ companies and truck manufacturers for negligent actions. If you or someone in your family has been involved in a big-rig accident and wish to pursue legal action against those responsible‚ don’t hesitate another moment – give the Jurewitz Law Group | Injury & Accident Lawyers a call at (619) 233-5020 or (888) 233-5020 for a free case evaluation. You have the right to superior representation and fair compensation; let us help you with both.
Why Choose Us?
There is a reason why so many people have chosenJurewitz Law Group | Injury & Accident Lawyers to represent them when they’ve been hurt in accidents caused by overloaded or overweight trucks. Our clients count on our extensive experience and our dedication to meeting their needs during this difficult time. We believe in providing you the superior legal services that you deserve. We share your goal of securing the full amount of compensation possible, and we will not settle for less. We understand that this approach may be more difficult than simply settling for a lowball offer, but it is worth it to us as we are motivated by seeing our clients get all they need to fully recover.
Our approach is consistent in each case: we provide our clients with care and professionalism and aggressively defend their rights against those who hurt them. We take the time to get to know our clients and their families and how our clients’ accidents have affected their lives. We show compassion and understanding of our clients’ unique cases because it can make the difference between a decent and an outstanding result. We will not be intimidated by insurance companies, and we have routinely fought against them and won big for our clients. We have the professionalism, experience, and determination to get you a great settlement and the favorable result that you deserve to be fully compensated and well on your way to recovery.
Tractor-trailers are by their very nature‚ awkward. With only a quarter of the vehicle dedicated to the driver and the truck’s operating capacity‚ the remaining 75% is devoted entirely to storing copious amounts of cargo and hauling it over long distances. That is a significant amount of space to consider when driving along an interstate surrounded by other vehicles; simply tossing freight onto an open truck bed or into an empty trailer‚ without securing it fast‚ can be incredibly hazardous. Here are a few of the less than safe practices we’ve encountered with lazy or incompetent truck operators and their crew:
Unbalanced Freight – More often than not‚ trucks are not completely filled with cargo. Great empty spaces can remain after a shipping dock finishes loading. Depending on the load and where it is placed relative to these open spaces‚ a truck driver could pose a serious threat to fellow motorists. For instance‚ if a truck is improperly loaded with a liquid cargo placed in the approximate center of the trailer‚ the center of gravity can shift as the truck speeds up or takes a turn. The truck could eventually tip or jack-knife depending on the driver’s choices and how the liquid shifts in transit.
Unsecured Freight – This is as straight forward as it gets and applies to any vehicle on the road‚ but especially one that can weigh up to 80‚000 lbs when fully loaded. Truck drivers must routinely check their straps‚ fasteners and tie-downs to ensure they are not frayed or coming apart at the seams. One faulty rope or cable could lead to disaster on the highways. Additionally‚ using the proper knots and fastening techniques can prevent cargo from shaking loose while on the move.
Inspecting The Freight – Any truck operator‚ who fails to keep an eye on their cargo‚ could be missing major signs that their shipment has become unbalanced or not properly secured. Drivers should stop at regular intervals and inspect the truck for any signs of shifting or jostling of cargo.
Truck Accident FAQs
Below we have compiled a list of frequently asked questions regarding overloaded trucks and how to secure compensation if you’ve been hurt in a crash. For specific assistance with a crash that hurt you or someone you love, call us at (619) 233-5020 to learn more about your rights and legal options.
I was hurt in a crash caused by an overweight truck. Who is liable for my injuries?
If you suffered severe harm due to an overweight or overloaded truck, one or more parties could potentially be responsible for the crash. For one, the company that loaded the truck would be one of the first entities that should be scrutinized during the investigation into your crash. Other potentially liable parties could include:
- The owner of the cargo
- The driver (if they failed to inspect the cargo before driving)
- The trucking company, if proper protocol wasn’t followed, or if other negligence is found to have contributed
When it comes to properly loading and securing cargo, there are several different parties who typically will solder some responsibility for making sure the vehicle is not overloaded. If any of those entities were negligent and a collision occurred as a result, they could be held liable for any injuries and property damage incurred by others.
What types of damages are available in overloaded/overweight truck accident lawsuits?
The victim of a truck accident may be entitled to damages intended to compensate for both economic and non-economic losses following the accident. You could be owed compensation for:
- Pain and suffering
- Medical bills
- Lost wages
- Property damage
- Loss of future earnings (if disabled)
If you lost a loved one in a crash caused by an overweight vehicle, you and other family members could be eligible to pursue a wrongful death claim against the party responsible. Compensation could include funeral and burial expenses, final medical bills, and other costs.
What should I do after a truck accident?
In the unfortunate event that you’re involved in an accident with a truck, the first thing you should do is seek medical attention, even if you don’t initially believe you’ve been injured. Sometimes a serious injury does not make itself apparent immediately following an accident.
You should be aware that commercial trucking companies have investigative teams ready to arrive at the scenes of accidents and gather evidence and testimonies from witnesses. They are not seeking to objectively determine the cause of the accident, but rather minimize potential expenses and/or liability for the trucking company. These investigators may approach you, seek a statement from you regarding the accident, advise you that you don’t need a lawyer, or offer you a settlement. Do not sign any agreement or provide any type of statement before consulting an attorney. The smart choice is to be wary around these investigators because they work for the other side, and their goal with getting you to sign an agreement is to limit the amount of compensation you can recover before the amount of damages that are owed is properly and accurately determined.
Be sure to hire an experienced attorney to represent you in the aftermath of this crash. Your lawyer will stand up for your rights and will handle all of the negotiations and discussions with the insurance companies on your behalf. Your attorney could also help make sure that you don’t fall behind on medical bills and other costs, and will ensure that you get the full compensation that your injury claim deserves.
How long will it take to reach a settlement?
This varies from case to case. Insurance companies are often willing to offer an initial settlement soon after the accident occurs, but this is typically a “lowball” settlement that doesn’t come close to the full amount of compensation that you are entitled to. As soon as you’re able following an accident, start building your case by gathering evidence from opposing parties through discovery. The discovery process largely consists of interviews, depositions, and requests for documents. The duration of the process can last anywhere from a few days to a few months, depending on how responsive the other side is. A defendant will often offer to settle during the discovery process if it’s made clear that the plaintiff has a strong case.
Balanced Representation Throughout San Diego
Because of their size‚ speed and complexity‚ tractor-trailers can be one of the most dangerous vehicles on the road. If you or a loved one has been injured by a poorly packed truck in San Diego‚ it is recommended you speak with a personal injury lawyer with a history of taking on the trucking industry. The San Diego truck collision attorneys at Jurewitz Law Group | Injury & Accident Lawyers can help by providing you with the knowledge‚ guidance and council you’ll need to secure a favorable outcome. Contact our office today at (619) 233-5020.