All trucking companies have their own scales to what they consider an overloaded truck accident. Often times, there are scales and truckers on the interstate are required to pull over and be weighed on them before continuing on. Unfortunately, in South Carolina, the scales are often closed because there is not adequate funding in the budget allocated by the state government to run them.
Almost nothing increases the dangerousness of a truck like the weight and the brakes. Any truck in violation of the Federal Motor Carrier Safety Act in any form, whether it be weight or the calibration of the brakes, would be in violation. A truck’s cargo may not exceed the truck’s maximum weight or capacity.
A Charleston overloaded truck accident lawyer can help those who have suffered from a tractor-trailer collision seek damages for their pain. It may be critical to speak with a distinguished truck accident attorney about pursuing compensation for your injuries.
Determining if a Truck that is Too Heavy
If it is an acceptable weight, it will not be in violation of the Federal Motor Carrier Safety Act. The type of cargo, unless it is hazardous materials, is usually immaterial. However, the weight matters very much. Unfortunately, it is fairly common for trucks to operate above the acceptably safe weight. Truck drivers in South Carolina know that the weigh stations are almost never open.
If a truck is overweight or overloaded, it poses an extreme danger on the driving public because the truck driver will be impaired in the ability to stop the truck or slow it down within a reasonable period of time or distance.
What Are the Associated Injuries and Risks?
The most important thing to know about a truck accident case in Charleston is if someone is involved in a trucking accident, and they are injured, they should call an experienced trucking accident lawyer as soon as possible. Charleston overloaded truck accident lawyers know that the same injuries that one could be exposed to in any car accident can occur in tractor-trailer collisions. When a standard vehicle collides in any way with another vehicle that weighs as much as a tractor-trailer rig, the likelihood of serious injuries is very high. The risks are high to infrastructure when a truck is overweight or overloaded. However, anything that an overloaded truck strikes is going to be damaged.
Determining Liability for a Weight-Related Collision
The trucking company, the truck driver, any third-party or contracted entity that has any responsibility could be held liable by a jury in Charleston, South Carolina. Probably the most common cause of trucking accidents is inattention. Another common cause of trucking accidents is speed. Sometimes, it has to do with the weight load and sometimes it has to do with mechanical failures such as brakes. There are as many, or more, reasons that can cause a truck accident. Eye-witness testimony is a big factor. The credibility of the truck driver and the credibility of the future client are weighed against each other.