Fighting Against Negligent Trucking Companies

Cargo trucks are a vital part of many commercial enterprises in this country. Whether they are traveling from state to state or just taking products from one end of New York to another, these trucks provide an important service. However, the companies running these trucks must operate them in a safe way, and that includes loading the trucks with a reasonable amount of weight.

Every trip a delivery truck makes costs the company money, from vehicle maintenance to gas costs to the salary of the truck driver. The temptation is to reduce these costs and increase profits by loading up trucks with as much weight as possible, thereby reducing the number of trips. When trucks are overloaded, however, they become a menace to everyone else on the road.

If you or a loved one has been injured in a collision involving a commercial truck, it may have been caused by reckless overloading. Call the NYC truck accident lawyers at Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353 and make sure your rights are protected.

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Is Overloading a Truck Dangerous?

Yes, overloading trucks is extremely dangerous. Commercial trucks are designed with clear and specific weight limits that they can safely transport. Engineers calculate the number and location of axles, how the brakes function, and the overall dimensions of all parts of the truck to come up with this weight limit. When a truck is overloaded, it no longer acts the way it was designed to act on the road, and an accident becomes much more likely.

Some ways an overloaded truck can cause an accident include:

  • Tires can burst under the pressure of excess weight in the truck
  • Brakes can wear down faster due to overloading
  • Improper weight and load distribution can cause a rollover
  • Unbalanced weight can cause the driver to lose control
  • Excess loads can increase speed when going downhill, making it impossible to stop
  • Excess loads can decrease speed going uphill, causing a collision
  • Overloaded trucks can damage roads, creating the opportunity for a crash

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Who Is Liable for an Overloaded Truck?

That can be a difficult question to answer, but it will likely come down to the company that owns and operates the truck. How did the truck come to be overloaded? Who placed and secured the load? Who was supervising the loading? For a trucking company to be held liable, it has to be shown that the company acted in a negligent manner, and the negligence directly caused or contributed to the accident.

Proving this can be difficult, especially if the trucking company makes efforts to hide or destroy evidence. But an experienced New York auto accident attorney can put together a case involving expert testimony, investigations by professionals to gather evidence, and recreations that show how the negligent overloading of the truck caused the collision.

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What Can I Do After a Truck Crash?

After a collision involving a commercial truck, you do not have to suffer in silence – you can take action. But you need an experienced lawyer to make sure your rights are protected and prove the trucking company caused your injuries. Call Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353 today and put us to work for you.

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