Orange County Overloaded Trucks Accident Lawyer
Truck accidents can cause tragic injuries. Overloaded trucks are one of the leading causes of such accidents, as a large impact is made upon the smaller vehicles on the road, causing immense damage. It can be overwhelming and difficult to deal with insurance companies while recovering from your truck accident injuries. Insurance companies often try to take advantage of the situation by offering the minimum compensation that barely covers the extent of your damages.
An Orange County overloaded truck accident lawyer can help you get through all legal procedures of the case, handle insurance companies, and negotiate deserving compensation for your personal injuries. Contact us today for a free consultation.
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What Are Overloaded Trucks Accidents?
When a truck is loaded more than its capacity and exceeds the state load limit, it is categorized as an overloaded truck. A truck carrying a heavy and over-pressured load is under extreme threat of an accident. When the majority of the heavyweight is held by the cargo, it has a higher center of gravity. It is harder for the truck driver to take full control, and even a slight swerve or improper turn can lead to a dangerous jackknife or rollover accident.
Overloading of a truck can be identified when the suspension springs seem to be compressed, the cargo seems to be bulging on the two sides, or the truck is accelerated forward and it takes some time to stop even after hitting the brakes.
Truck Accident Statistics In California
Truck accidents are common in California. In 2020, the state reported almost 5,000 truck accidents, according to the Federal Motor Carrier Safety Administration (FMCSA). The report zooms out to the overall stats of the US, where there were 107,000 injuries and 327,000 property damage reported that year. The annual fatality average ranges from 200 to 300 every year. As per a study done on the reports by the US Department of Transportation’s Fatality Analysis Reporting System (FARS), in 97% of the accidents, the occupant of the smaller vehicle was injured.
California Laws For Commercial Truck Loading Limits
The loading limits for trucks and trailers are set by the state to ensure safety and prevent accidents.
Maximum Weight Limits
California Vehicle Code Section 35551 states that a commercial vehicle and cargo vehicle driving on the California highway shall not exceed a maximum weight limit of 80,000.
The CVC Section 35780 allows special permits to exceed loading limits in specific routes for a time period or occasion only. The permit is issued by the California Department of Transportation or local authorities.
Bridge Formula Weights
According to the Bridge Formula Weights by the California Department of Transportation, the maximum weight for a commercial truck on a bridge must be based on the number of axles and the space length between them.
Axle Weight Limits
According to CVC Section 35551.5, the maximum weight limit for a single axle is 20,000 pounds, for a tandem axle is 34,000 pounds, and that of a tridem axle truck is 42,000 pounds.
How Can We Help With Your Truck Accident Case?
It can be overwhelming to handle insurance companies when you are still recovering from your injuries. There is an added hassle of dealing with trucking companies or cargo companies and their commercial insurance that require a descriptive knowledge of commercial as well as personal insurance.
A lawyer has the experience and familiarity with all associated laws and policies in your accident case. We will help you properly understand all aspects of a personal injury case. After a detailed observation and analysis of the evidence, we will suggest the best way to proceed. We will deal with the insurance company and represent you throughout.
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Common Causes Of Overloaded Truck Accidents In Orange County, CA
Overloaded truck accidents happen every so often under the umbrella term of truck accidents. Here are some of the most common causes:
- Limited manpower and transportation lead to companies overloading cargo more than feasible quantity.
- An overloaded truck is difficult to control. While driving on the freeway, even the slightest loss of control can cause accidents.
- Overloading puts immense pressure on the tire and causes tire blowouts
- When the upper part of the cargo is heavier, the truck can easily roll over
- Loose brake or brake failure
Common Injuries Attained By Overloaded Trailer And Truck Accident Victims
Excessively heavy trucks can cause severe injuries because of their large mass and acceleration. Here are some common injuries reported in Orange County overloaded truck accidents:
- Head and Brain Injuries
- Brain damage
- Traumatic brain injuries
- Spinal cord injuries
- Muscle injury
- Internal Bleeding
- Organ damage
What Should You Do After An Overloaded Trucks Accident?
You must seek medical help immediately after being injured in an overloaded trucks accident, whether it is calling emergency care or having someone take you to the hospital. Once your injuries are cared for, you must report the accident to the police or the California Highway Patrol (CHP).
You will now have to contact the defendant’s insurance company, or they may have already started to reach out to you. You must consult with an Orange County overload truck accident lawyer before your first conversation with the insurance company. It is important to be educated and aware of your accident case from a legal perspective to know what you deserve. At this point, reach out to a personal injury lawyer and schedule a consultation session.
Compensation For An Overloaded Trucks Accident
There are three types of damage compensations that can be recovered. It is determined based on the damages done in the accident and your share of fault. Economic damages include direct physical losses like injury or property damages caused by the accident. Economic damage compensations cover your medical bills, medication costs, therapy, property repair, etc.
On the other hand, non-economic damage compensation is given for the pain and suffering you endured as a result of the accident. It is an effort to make up for the non-monetary losses that cannot be measured in prices. In case of permanent injuries, such compensation also covers the degradation of the quality of life. Finally, in some cases when the defendant is guilty of intentional tort or negligence, the court charges them with punitive damage compensation.
Commercial Truck Company Insurance
In California, all commercial trucking companies must have insurance for their truck drivers in case of accidents, damage to goods, personal injuries, property damage, etc.
As mentioned in the minimum insurance requirements, the insurance covers injuries to the body, liability for property damage, and physical vehicle or cargo damage. Along with that, some companies have additional insurance for physical damage and uninsured motorist coverage. The insurance depends on the type of vehicle/s involved in the accident, type of accident, type of cargo, etc.
Contact Top Rated Orange County Overloaded Trucks Accident Attorney Today
Overloaded truck accidents can have severe impacts on one’s life. While you are entitled to a certain compensation, navigating the legal procedures to attain a fair settlement can be complicated. It is important to consult with an expert overloaded truck accident lawyer in Orange County to get deserving compensation and avoid any mistreatment or stopping points throughout the personal injury case.
Nordean law specializes in representing clients and helping them get a silver lining after suffering from a traumatic accident. With years of experience, we have a personalized approach to every client to match their unique needs. We work closely with a wide range of resources and expert witnesses to make your statement authentic. If you were injured in a truck accident near Orange County, call us at 888.527.1267 to schedule a free consultation.