Driving through Portland, you have likely encountered tractor-trailers violating state and federal laws. These truckers might engage in negligent acts such as speeding, illicit drug use, or texting while driving. Another form of negligence is overloading a trailer with cargo. A semi filled beyond capacity can result in a collision that causes physical injuries and financial harm to other motorists.
When you or people you love have been hurt in overloaded/overweight truck accidents in Portland, a trained truck collision attorney can help you file a lawsuit, possibly resulting in the driver and their employer compensating for your injuries and other damages.
Filing for Monetary Compensation
In Portland, injured people in overloaded semi crashes have the legal right to file a personal injury lawsuit for damages. When a person dies in a truck collision, their surviving children and spouse can file a wrongful death suit, and their estate has the right to bring forth a survival action for damages. In Maine, individuals must file a personal injury claim within six years of the collision.
Under the Federal Motor Carrier Safety Act, commercial trucking companies can dispose of records after one year for vehicles in their control and six months for trucks no longer in their control. Because of this, people who file sooner are more likely to secure essential evidence necessary to win a personal injury lawsuit.
A timely filed personal injury lawsuit can eventually lead to awarding the hurt motorist or grieving family monetary damages. These may include compensation for vehicle repair costs, loss of wages, medical debts, rehabilitative services, loss of consortium, disfigurement, loss of a parent, and burial costs.
An attorney in Portland can help someone injured in an overloaded semi crash to secure evidence that furthers their claim.
Accident Risk of Overfilled Trucks
To promote safe roads, decrease harm to motorists, and reduce property damage, 23 Code of Federal Regulations § 658.17 stipulates that commercial vehicles navigating the nation’s highways shall not have a load capacity that brings the vehicle’s total weight to more than 80,000 pounds, or 20,000 pounds per axle.
The Federal Motor Carrier Safety Administration (FMCSA), a division of the Department of Transportation, administers this regulation by operating 840 weigh stations throughout the U.S. in conjunction with state authorities.
Not every truck is subject to a weight inspection, so some big rigs can exceed the 80,000-pound weight capacity. Semis packed beyond the legal limit pose a significant collision risk to motorists in several ways, such as:
- Rollovers
- Jackknifing
- Brake failures
- Tire blowouts
- Cargo spillage
When semis rollover or jackknife due to overloaded cargo, they can block traffic, causing other vehicles to crash . Cargo spillages can result in flying projectiles damaging windshields, restricting drivers’ view of traffic, and causing devastating wrecks. In addition, when a tractor-trailer is filled above capacity, the truck’s brakes can fail, or the tires can blow out, resulting in collisions. In Portland, overloaded semi collisions can result in intense injuries and property damage. Some of the most common injuries to motorists in these accidents are:
- Whiplash
- Damage to organs
- Amputations
- Loss of mobility
- Spinal cord injuries
- Brain injuries
In the most tragic situations, a motorist may even lose their life. Anyone in a crash with a semi should have fair and just compensation. A lawyer can look through the evidence to establish why the injured motorist or grieving family is entitled to compensatory damages.
Contact a Portland Attorney About an Overloaded Tractor-Trailor Crash
The aftermath of a truck collision can be overwhelming, from having to undergo surgeries to planning a funeral for a family member. The last thing you want to deal with after a devastating incident is a complicated legal system. When it comes to overloaded/overweight truck accidents in Portland, an experienced attorney can create a case to help you receive compensation.
Contact us today to learn more about how we can assist you.
