A thorough investigation, including witness statements, bills of lading, cargo reports, accident reconstruction studies, and photos and video footage, can prove a construction truck was overloaded at the time an accident occurred. With this evidence, you can pursue the trucking company and other liable parties for the compensation you need and deserve.
If you or a loved one sustained injuries in a Metro Atlanta area crash caused by a cargo issue, a Duluth construction truck accident lawyer could help you get compensation. A local law firm will often offer a free review of your accident with a team member. The lawyer you choose will also work to prove the accident’s cause and recover damages from the at-fault party.
How an Overloaded Construction Truck Can Lead to an Accident
A jury might find that overloading a construction truck—intentional or unintentional—constitutes negligence if the overloading caused an accident. To prove negligence, your lawyer will identify its legal elements:
- Duty of care
- Breach of duty
- Causation
- Damages
Construction sites and zones rely on various trucks to move raw materials around the site and from one site to another. These large vehicles can range in size and weight based on their load. Accidents can occur when workers fail to load cargo properly, resulting in catastrophic accidents and injuries.
Overloading Can Cause Weight Imbalances
Too much weight can cause a construction truck to lean to either side, increase stopping time—already greater than a typical passenger car—and make the truck difficult to maneuver safely.
Overloading Can Strain the Truck’s Tires
Although larger than other tires, even construction truck tires are rated for specific weight limits. An overloaded construction truck can strain its tires to the point of impeding braking ability, causing tire blowouts, or leading to them ineffectively gripping the road surface.
Overloading Can Cause Unsuitable Tie-downs
A construction truck carrying too much cargo could have its load not properly secured. Incorrect tie-downs can cause cargo to shift, roll, or otherwise jostle the truck. They can also cause the load to fall off the truck, causing an accident by striking other cars or blocking or obscuring the road.
A construction truck accident lawyer will document the cause of your crash with a solid evidence collection. They will also deal with the at-fault party’s insurance company and guide you through the settlement negotiation process.
For a free legal consultation, call (404) 888-8888
Potentially Liable Parties in a Construction Truck Accident Due to Overloading
Recovering damages for an accident means identifying the person or entity whose negligence caused or contributed to the overloading of the truck. Potentially liable parties can include:
- The truck driver, if they are an owner/operator
- The trucking company, if it employed the cargo loader or driver
- The cargo loading facility, if it made an error
- The cargo loading team, if it disregarded safety regulations
Once identified, your attorney can hold the at-fault party financially liable for your losses. A lawyer can help you prove their actions caused your accident and file an insurance claim or lawsuit to recover fair and appropriate compensation.
Evidence Your Lawyer Will Collect to Support Your Compensation Request
Your truck accident claim will require a compelling evidence file supporting your case. The insurance company will request evidence and information before even considering a settlement. A persuasive case file that proves overloading caused the accident might include the following:
- The recorded weights of the truck with and without its cargo
- The police report that lists causes and contributing factors
- Statements from employees who loaded the truck’s cargo
- Official accident reconstruction records, reports, and photos
- Statements from lay witnesses at the accident scene
- Dashcam, traffic cam, and other photos and video footage
When your lawyer manages your evidence collection, they will sort and organize your evidence, including any testimonial evidence gained from deposition sessions. They will create a cohesive case file and submit it to the insurance company on your behalf.
Compensation We Fight to Recover for Construction Accident Victims
You do not have to endure financial hardship due to a truck accident caused by negligence. Instead, you can hold the person or entity whose negligence caused your accident liable for your economic damages, including the following:
- Current and future medical bills
- Rehab, therapy, and medications
- Current and future loss of income
- Loss of future earning capacity
- Property damage or loss
- Diminished property value
Recoverable noneconomic damages can include:
- Disability or disfigurement
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
Wrongful death damages for surviving families can include:
- Funeral and burial expenses
- Loss of financial contributions
- Loss of household support
- Loss of consortium and society
- Loss of companionship and care
Do Not Wait to File Your Construction Truck Accident Lawsuit in Georgia
Your lawyer will create a detailed list of your recoverable damages, support your compensation request with evidence, and fight hard to maximize your financial recovery.
However, all that work becomes moot if they fail to initiate a personal injury lawsuit before the statute of limitations expires. In Georgia, you generally have two years to file a personal injury or wrongful death lawsuit, according to O.C.G.A. § 9-3-33. The filing deadline could fluctuate based on the age of the accident victim and specific evasive actions taken by the at-fault party.
These factors can make it challenging to comply with the statute of limitations without legal guidance. The best way to avoid missing the deadline is to let your lawyer handle it. They will file your lawsuit on time and in the appropriate venue.
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Get a Free Review of Your Construction Truck Accident
If you suffered an injury due to an improperly loaded construction truck causing a traffic accident, the personal injury lawyers at Bader Law Injury Lawyers could help you prove the construction truck was overloaded at the time of the accident. We will ascertain what caused the crash and establish your right to damages.
Please find out how hard our truck accident lawyers will fight for you and your family to get your life back on track after an injury. Contact our consultation team today to get started.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
