Overloaded/Overweight Truck Accidents in El Centro

El Centro sits along Interstate 8 and is a major trucking route for semis and other commercial vehicles traveling between Southern California and Arizona. When drivers and distributors overload these trucks, they create a risk of accidents that can cause serious injury and death. You or a loved one may have a claim for injuries suffered in an overloaded/overweight truck accident in El Centro. Our experienced lawyers at Walter Clark Legal Group regularly help victims of truck accidents recover compensation for their damages by investigating necessary facts and filing a lawsuit in court.

How Do Overloaded Truck Accidents Happen?

Overloaded truck accidents can happen under several different road conditions and circumstances. Driving events that are otherwise normal can suddenly become dangerous and increase the risk of a crash because a truck is overweight. Issues that could lead to an overloaded/overweight truck wreck in El Centro may include:

  • Distracted driving
  • Mechanical failures
  • Abrupt turns or lane shifts
  • Bad weather, such as high wind or rain
  • Poorly fastened cargo causing items to shift and unbalance the load

Whether a truck’s weight played a role in an accident can be difficult to know in the immediate aftermath of a collision. Take detailed notes of the events leading up to the crash and any other relevant clues that could indicate the truck was overweight or oversized, such as cautionary markings or descriptions of the cargo. A proactive attorney may also be able to help investigate whether a truck’s weight was a contributing factor in an accident by requesting cargo logs and other records.

Who Could Be Liable for Injuries from an Overweight Truck Crash?

California has laws and regulations that restrict the maximum overall weight and weight per axle that a truck may carry. Additionally, special route restrictions may apply depending on where the truck is driving. When a truck being overloaded contributes to an accident, several different parties may be at fault and have liability for related damages. These parties may include the truck driver, the truck driver’s employer, a loading company, or any party responsible for ensuring the truck was carrying a safe and legal weight.

Damages an Injured Person Could Claim in an Overweight Truck Accident Lawsuit

The exact damages a person can claim in a truck accident case in El Centro will depend on the specific nature of their injuries. However, a person can generally claim the following types of damages in a California personal injury case:

  • Medical costs
  • Property damage
  • Pain and suffering
  • Lost wages and future earnings

California’s comparative fault rule can further impact a person’s compensation in a truck accident case where their own negligence contributed to their injury. The rule reduces an injured party’s compensation by their percentage of fault in the accident, as explained in CACI 405.

How Prop 13 and UM or UIM Coverage Could Affect Compensation

In addition to California’s comparative fault rule, another issue that could impact an injured person’s compensation is Prop 13. The law limits an injured individual’s recovery to economic damages only if they are uninsured or at fault for a motor vehicle accident. It also prohibits the recovery of non-economic damages such as pain and suffering.

Contact an El Centro Attorney for Help With Your Overloaded/Overweight Truck Accident Case

An overloaded/overweight truck accident in El Centro could enable you to seek compensation for injuries against negligent truck drivers, employers, and other parties responsible for your injuries. Our dedicated legal professionals could help you evaluate potential claims involving a heavy commercial vehicle and take the next step in your case. This could include further investigation into the liability of third parties, negotiating a settlement, or pursuing a judgment at trial.

Schedule a free case review with Walter Clark Legal Group today.

Walter Clark Legal Group

Walter Clark Legal Group