Overloaded/Overweight Truck Accidents in Palm Springs

Palm Springs is a thriving city, humming with business year-round. This means a lot of commercial trucks are on the road. Commercial trucks are large and heavy, weighing up to 80,000 pounds when loaded legally. However, these trucks are often overloaded or overweight, posing a significant danger to other vehicles on the road. An overloaded or overweight truck accident can cause serious injury and death.

Anyone who has been hurt in an overloaded/overweight truck accident in Palm Springs should call an experienced lawyer for a free consultation. A seasoned truck wreck attorney could help investigate the accident to determine liability, argue a case in court, or negotiate for a payout with the insurance company. The best course of action will depend on the specifics of your case.

California Law Relating to Commercial Truck Weight

California Vehicle Code § 35551a establishes weight limits for commercial vehicles in California and makes it a misdemeanor to exceed these limits. A truck in violation of this code could be considered liable for a resulting accident. Additionally, C.V.C. § 23114 and 23115 cover the proper loading of cargo—including overloading—violation of which could permit accident victims to seek punitive damages.

In addition to California law, commercial drivers in the state must adhere to the regulations of the Federal Motor Carrier Safety Administration (F.M.C.S.A.). These regulations govern things such as working hours, weight limits, and driver qualifications. A qualified Palm Springs overloaded/overweight truck accident lawyer could advise on the full range of applicable laws based on the facts of a case.

Establishing Liability

A proactive Palm Springs overloaded/overweight truck accident attorney could help investigate an injured person’s case to establish liability. In a commercial trucking case, several parties could be liable, including:

  • The driver
  • Their employer
  • The truck manufacturer
  • Parts manufacturers

Determining who is liable is vital to establishing who is responsible for paying the resulting damages. Thus, the investigation must be thorough and could involve:

  • Consulting with experts
  • Recreating the accident
  • Examining medical records
  • Looking at vehicle maintenance logs
  • Reviewing photo and video evidence
  • Going over police reports and witness statements

This is a laborious process necessitating specific knowledge and a familiarity with the finer points of law, which a lawyer could provide.

Comparative Negligence

California is a pure comparative fault state. This means that a plaintiff can recover damages even if they are up to 99 percent at fault for an accident. The statute of limitations for pursuing a claim is two years from the date of injury, although if a government agency is involved, it may be less.

Under this system, the defendant is incentivized to shift blame onto the plaintiff to reduce their overall liability in the case. A capable overloaded/overweight truck crash lawyer in Palm Springs could handle such defense tactics on behalf of an injured party and push for the maximum possible damages allowed under the law.

Call a Palm Springs Overloaded/Overweight Truck Accident Attorney Today

Overloaded/overweight truck accidents in Palm Springs are serious, necessitating skilled legal representation. The stakes are too high in a case such as this to go it alone.

Take the first step towards getting what you are owed by calling a dedicated lawyer at Walter Clark Legal Group today for a free consultation. Get what you deserve for what you went through by getting the help of a well-practiced legal professional.

Walter Clark Legal Group

Walter Clark Legal Group
N/a
Skip to content