Each year, an alarmingly high number of Californians are injured or killed in traffic collisions involving commercial motor vehicles. These massive 80,000-pound big rigs are notorious for their general instability, inadequate stopping power, and large blind spots – three factors that frequently lead to catastrophic collisions and emergency room check-ins. Consequently, many accident survivors sustain debilitating physical and cognitive injuries that require extensive medical treatments, costly surgical procedures, and ongoing rehabilitative services.
Trucking companies and their employees can face severe legal penalties if an act of negligence harms or kills an innocent driver or pedestrian. Unfortunately, not even the regulations set by the Federal Motor Carrier Safety Administration can prevent trucking companies from taking dangerous shortcuts, mismanaging fleets, and improperly loading vehicles.
Contact the Ontario truck accident attorneys at McCune Wright Arevalo, LLP if you or someone you love has been injured by an overloaded or improperly loaded truck. Our legal team has over 30 years of collective legal experience and the resources to help you secure a beneficial settlement that alleviates your injury-related debts.
We are proud to provide informed counsel and personalized legal solutions to the residents of the Inland Empire. Contact our office at (909) 345-8110 to schedule a free consultation.
Determining Liability After an Accident
Many claimants are surprised to learn that multiple parties can be held partially or primarily responsible for a single collision. Depending on the circumstances surrounding your accident, you may be able to file claims against the at-fault driver, the trucking company, the maintenance crew, and the cargo company that failed to properly load the vehicle.
Improperly Loaded Vehicles
The freight crew needs to be extremely careful when loading, positioning, and securing cargo in a trailer. After all, a truck can easily tip over if there is an uneven distribution of weight, especially when completing a standard maneuver like turning or changing lanes. It’s also not unusual for heavy items to spill out onto the highway because a crew failed to properly strap down and secure boxes.
Unfortunately, an accident can still occur even if a big rig is carrying an acceptable and balanced amount of weight. If the cargo isn’t properly secured, it can topple over inside the vehicle and even spill out onto the highway. Not only does this affect the distribution of weight, it can also startle the trucker and cause him to swerve into another lane. Also, if an item hits a car or causes other vehicles to collide, the trucking and cargo companies can still be held responsible for the aftermath.
“Overloading” occurs when a trailer is packed so heavily that it exceeds the weight limits imposed by the Federal Motor Carrier Safety Administration. Of course, weight limits depend on the cargo and the types of trucks being utilized. Some vehicles are exempt from front axle weight limits in California. Regardless, truck drivers and freight crew must adhere to the vehicle identification plate, which specifies the permissible gross vehicle weight and the maximum permissible axle weight. An overloaded truck is so dangerous because it leads to various mechanical issues, including brake failure. The extra weight can also propel a truck into another vehicle if it’s going down an incline.
Pursue Justice & Restitution with Our Trial-Tested Legal Team
Contact the Ontario truck accident lawyers at McCune Wright Arevalo, LLP if you require legal representation after a big rig accident. Our knowledgeable legal team can represent your case and negotiate with shrewd insurance companies on your behalf. We can also calculate your projected injury-related expenses to protect you from accepting an insufficient settlement amount. If the insurance company fails to provide you with a reasonable settlement, we can proceed to litigate for your best interests in court.
You can rely on our team to guide you through each step of this challenging legal process. Contact McCune Wright Arevalo, LLP at (909) 345-8110 to schedule a free consultation.