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Indianapolis Overloaded Truck Accident Lawyer

Our team of experienced accident attorneys comprehends the difficulties of pursuing an insurance claim after a truck accident. It can be an overwhelming process that involves completing paperwork, meeting deadlines, and gathering evidence while dealing with significant stress. Accidents caused by oversized or overloaded commercial trucks often cause substantial property damage and severe injuries. However, you may be entitled to financial compensation for your losses. Our experienced truck accident attorneys are here to guide you through the legal process and ensure you receive the compensation you deserve.

Our economy depends on commercial trucks transporting goods around the country. However, drivers must be aware of the dangers that semi-trucks pose on interstate highways and roadways. When cars and trucks collide, the consequences can be deadly.

Every year, commercial trucks traveling along I-65, I-70, I-69, and I-465, whose loads are not properly secured, create a significant danger on the roadway. If a truck carries a load that exceeds its weight capacity, the likelihood of an accident increases. Additionally, if the cargo is not securely fastened, it may fall onto the road, causing severe property damage, physical injuries, or even death.

The Federal Motor Carrier Safety Administration FMCSA) regulates the trucking industry with specific rules and regulations that dictate how truck drivers should load their trucks. These rules are designed to ensure that the weight and size of the truck's cargo do not exceed the limits set, as overloading trucks can lead to severe accidents. Additionally, regulations regarding securing the truck's cargo ensure that all items are properly secured to the semi-truck to prevent movement during transport. Failure to comply with these rules could result in deadly accidents, making it even more important for all truck drivers to follow the regulations.

If you were hurt in an overloaded truck accident, our attorneys may be able to help you hold the driver or truck company accountable for your injuries. Call us at (317) 969-8000 for a free consultation.

Federal Regulations for the Trucking Industry

Truck drivers have strict rules they must follow when they’re loading cargo onto their trucks. They cannot exceed weight and size limits. Maneuvering an 80,000-pound truck can be challenging, particularly when the vehicle is bigger than usual. Oversized or overloaded vehicles create hazardous conditions that may prevent the driver from having total control. Violating securement rules could also lead to cargo shifting on the trailer, throwing the entire vehicle off-balance.

The Federal Motor Carrier Safety Administration’s Regulations for Cargo inlcude:

General Rule

Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage (loose materials used to support and protect cargo) or dunnage bags (inflatable bags intended to fill space between articles of cargo or between cargo and the wall of the vehicle), shoring bars, tiedowns or a combination of these.

Cargo Placement and Restraint

Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle or other equivalent means to prevent rolling. The means of preventing rolling must not be capable of becoming unintentionally unfastened or loose while the vehicle is in transit. Articles of cargo placed beside each other and secured by transverse tiedowns must be:

  • Placed in direct contact with each other, or
  • Prevented from shifting towards each other while in transit

The Minimum Number of Tiedowns:

One tiedown for articles

  • 5 ft or less in length and,
  • 1,100 lbs or less in weight

Two tiedowns if the article is

  • 5 ft or less in length and more than 1,100 lbs in weight; or
  • greater than 5 ft but less than 10 ft, regardless of weight

Types of Truck Accidents Caused By Overloaded Trailers

Truck accidents can happen when drivers don't follow federal regulations for oversized or overloaded vehicles. Items on the truck may shift or fall off, causing the truck to be unstable and difficult to steer. Trailers that are too big or heavy can put too much pressure on the tires, leading to explosions. Truck drivers must follow the rules to prevent accidents that could cause injuries or even death.

The most common types of truck accidents include:

Who is at Fault for an Overloaded Truck Accident In Indiana?

Truck accidents caused by overloading a truck mostly happen because someone was careless. In legal terms, that is called negligence. Negligence means that someone didn't take enough care to avoid hurting another person. In Indiana, the truck driver and/or trucking company can be held responsible for causing an accident and have to pay the injured victim for his/her injuries and expenses.

The Trucking Company May be Negligent if They:

  • Hired drivers who lack proper licensing or experience
  • Failed to enforce rules about securing cargo
  • Provided inadequate training
  • Provided insufficient inspection and repairs of securement systems
  • Provided poor supervision of cargo loading
  • Did not perform thorough background checks on drivers

If you were hurt in an accident involving an overloaded commercial truck, call us at 317-969-8000 and talk to us for free.

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We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible.

(317) 969-8000

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