Vehicle collisions involving overweight or overloaded tractor-trailers are alarmingly common. If you or someone you love was involved in an overloaded/overweight truck accident in McAllen, you should retain legal counsel to avoid facing the subsequent medical, insurance, and legal issues on your own. You may be able to recover compensation for your current and future needs. No matter the cause of the crash, having an experienced truck accident attorney on your side offers the best chance of success.
The Basics of Overweight Truck Accident Cases
A few frequent causes of overloaded and overweight truck accidents in McAllen are:
- Truck drivers or trucking companies ignoring weight restrictions
- Cargo being distributed unevenly
- Negligent cargo loading leading to overloading
- Trucks not being properly maintained
Trucks are considered overweight if they exceed the weight limits set out in § 621.001 through § 623.343 of the Texas Transportation Code. Unfortunately, there is an incentive for drivers and owners to overload their trucks – more goods and more trips mean more money. This makes the practice of overloading commercial trucks widespread, posing a danger to everyone else on the road.
Who Is Responsible?
One issue that arises in McAllen accident claims involving overloaded tractor-trailers is culpability–who is responsible for the wreck? Depending on the reason for the accident, it could be the truck driver, a trucking company, or the vehicle’s manufacturer. A person who has been hurt or had their property damaged should call an experienced attorney for help investigating the accident.
The steps taken in the immediate aftermath of an accident can have substantial consequences for the success of future claims. A talented attorney could assist with taking photos and videos of the accident scene, collecting documents such as police reports and witness statements, and documenting economic damages.
Recoverable Damages in an Overloaded Truck Crash Claim
A seasoned lawyer could help determine the best avenue for an injured person’s claim–whether that be a settlement with insurers or taking a case to court. Overloaded and overweight truck accidents can cause catastrophic injuries ranging from spinal cord and traumatic brain injuries to amputations and even death. What damages a claimant is entitled to depends on the extent of their injuries.
Someone may be entitled to compensatory damages for medical expenses and future care, lost income and earning ability, emotional trauma, and property damage. Per the Texas Damages Act, Chapter 41 of the Texas Civil Practices and Remedies Code, survivors of overloaded/overweight truck wrecks in McAllen may be able to receive punitive damages.
The trucking company’s insurers typically attempt to lock injured survivors into a lowball settlement. These for-profit, deep-pocketed companies are well-versed in using legal techniques to reduce their liability. A dependable lawyer has experience working with insurance companies and could ensure an injured party receives the full compensation they deserve.
Call a McAllen Overloaded/Overweight Truck Accident Attorney Today
Being in any type of vehicle accident can be traumatic. When a crash involves a large and heavy tractor-trailer, the consequences can be catastrophic. After you have called 911 and received proper medical care, your next move should be to explore your potential avenues for pursuing compensation.
As McAllen continues to grow, the roads are only getting busier. Be careful driving, and if you happen to be in an overloaded/overweight truck accident in McAllen, be sure to call an experienced lawyer to help make your case for financial damages.