Overweight/Overloaded Trucks in Massachusetts
Accident lawyers assisting victims in Boston and surrounding cities
Although any type of motor vehicle collision is a stressful and painful experience for a victim, truck accidents are often particularly devastating. These heavy vehicles can cause serious damage and injuries if the driver fails to operate the vehicle safely.
Apart from safe operation, truck drivers and trucking companies have a duty to ensure that they do not overload their trucks. They must also ensure that the trucks comply with certain weight limitations. Some truck drivers and trucking companies overload their vehicles to try and deliver more cargo with each load. However, this puts other motorists and pedestrians at risk of suffering serious and life-altering injuries. At Breakstone, White & Gluck, our Boston truck accident lawyers have handled many cases involving overweight or overloaded trucks. We are standing by to assist you with your needs.
How can we help?
What is an overloaded commercial truck?
An overloaded commercial truck carries more weight than is legally allowed or safely manageable based on federal and state regulations. Trucks have weight limits set by the Federal Motor Carrier Safety Administration (FMCSA) and the state to ensure safety on the road. When these limits are exceeded, the truck becomes overloaded, creating serious risks for everyone on the road.
What are the current regulations on truck weight limits?
Current U.S. truck weight regulations are established by the Federal Highway Administration (FHWA) and are designed to maintain road safety and protect our infrastructure. Following is a recap of these regulations:
- On interstate highways, commercial trucks are limited to a maximum gross vehicle weight (GVW) of 80,000 pounds. This includes the truck, cargo, passengers, and fuel.
- To distribute weight evenly, there are limits on the weight each axle can carry. The maximum weight for a single axle is 20,000 pounds. The maximum weight for a tandem axle (two connected axles) is 34,000 pounds.
- The Federal Bridge Formula is used to determine the weight a commercial truck can carry based on its axle spacing and configuration. This formula is meant to prevent damage to bridges and ensure weight is distributed in a way that minimizes tear on infrastructure. The formula permits higher weights if the truck has more axles and larger distances between axles, which can spread out the load.
- Trucks carrying loads above standard weight limits may obtain oversize/overweight permits. These are typically used on a case-by-case basis and come with route requirements or time restrictions, such as avoiding travel during peak traffic hours or at night.
Who can be held liable when an accident is caused by an overloaded truck?
When an overloaded truck causes an accident, several parties can be held liable, depending on who contributed to the truck’s condition and the decisions leading up to the accident. Here are some of the potential parties who could be held liable:
- Truck driver. If the truck driver knowingly operated an overloaded truck, they could be held liable for your accident. Truck drivers are responsible for conducting pre-trip inspections, which should include checking for weight compliance. If the driver ignores these checks or proceeds even though they know the truck is overloaded, they can be held liable.
- Trucking company. The trucking company is often primarily responsible for any accidents caused by an overloaded truck, especially if they instructed or pressured the driver to overload the truck to maximize profit. Even if the company didn’t directly instruct the driver to overload, they could be held liable for failing to implement proper loading procedures, training, or oversight.
- Cargo loaders. If a third-party loading company loaded the truck, they could be held responsible for your accident for improperly loading or failing to adhere to weight limits. Cargo loaders should know weight regulations and the truck’s capacity, so if they contribute to overloading, they can be held liable.
- Maintenance providers. An overloaded truck can put excess strain on brakes, tires, and other systems, which can lead to equipment failure and loss of control. If a maintenance company fails to address wear and tear or issues that contributed to an accident, it could share liability – especially if a component gives out due to overloading.
- Shippers. In some cases, the shipper (the party who sends goods to be transported) can be held responsible if they fail to provide accurate weight information or knowingly mislead the driver or trucking company about the cargo’s weight.
- Manufacturers of truck equipment. If a mechanical failure, like a brake or tire malfunction, occurs from a defect exacerbated by overloading, the equipment manufacturer might bear partial liability under product liability laws. This typically applies if the equipment was defective or failed, even when it was used properly.
- Brokers. Sometimes, brokers can be held liable if they hired an unsafe trucking company with a history of violations or if they required delivery terms that encouraged overloading to meet deadlines.
As you can see, liability in overloaded truck accidents can often involve multiple parties. Our Boston truck accident lawyers will launch an investigation to discover who was involved in loading, who was aware of the weight, and whether any parties overlooked safety regulations, prioritizing profit over safety.
Who is responsible for making sure the truck’s weight is correct?
A variety of parties share responsibility for ensuring a truck’s weight is within the legal limits. However, specific duties fall primarily on the truck driver, the trucking company, and, in some cases, the cargo loader or shippers. A breakdown of their responsibilities follows.
Truck drivers are ultimately responsible for checking their load before getting on the road. They should conduct pre-trip inspections, which include verifying that the truck isn’t overloaded and that the weight is distributed correctly across the axles. Drivers are also required to stop at weigh stations, where their truck’s weight can be checked. When a truck is found to be overweight, the driver must address the issue before continuing their journey.
The trucking company also has a duty to establish and enforce policies that ensure compliance with weight regulations. This responsibility includes training drivers on weight limits, providing the necessary equipment to secure loads, and scheduling enough time for proper loading and inspections. The company must also ensure that trucks are not overloaded, as this can lead to safety violations.
If a third-party cargo loading company is used, they are responsible for loading the cargo within proper weight limits. Loaders must be aware of the weight regulations, the truck’s capacity, and how to distribute the weight properly across the truck’s axles. To ensure compliance, they should also communicate the total weight to the driver and trucking company.
Shippers who supply the cargo play a role by providing accurate weight information for the goods being loaded. If a shipper misrepresents or even fails to provide this information, it could contribute to overloading and make them partially responsible in the event of an accident.
Finally, while they don’t share responsibility for preventing overloading, weight stations and law enforcement agencies help enforce weight limits on the road. Trucks are often required to stop at weigh stations, where officials can check weight and ensure compliance with both federal and state regulations.
The most effective approach for avoiding overloading trucks is to involve coordination between drivers, trucking companies, cargo loaders, and shippers. If any of these parties drop the ball, the consequences can be devastating.
Do you have a Boston truck accident attorney near me?
Breakstone, White & Gluck is dedicated to providing comprehensive counsel to clients throughout the region. We serve clients out of our offices at 2 Center Plaza #530 in Boston. If you are too injured to come to us, we can make alternative arrangements.
Meet with a tenacious truck accident lawyer in Boston
Knowing which steps to take after you have been injured in a truck accident can be difficult to determine. This is particularly true if you are also coping with painful injuries and potentially life-altering physical disabilities. At Breakstone, White & Gluck, our attorneys have counseled many Massachusetts residents regarding their right to compensation. We assist our clients with all of the phases of the litigation, including investigating their claims, gathering evidence, and negotiating with insurance companies. Our team serves truck accident victims in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule a free consultation with an attorney, call us or fill out our contact form.