Champaign Overweighted/Overloaded Truck Accidents
Champaign Lawyers for Overweighted Truck Accidents
As of the 2020 census, Champaign’s population of 88,302 is spread out over 23.14 square miles. Illinois is the heart of the interstate highway system; several highways serve the city and its residents, including I-57, I-74, and I-72. I-57 runs north-south between Chicago and Missouri. I-57 is the longest interstate in Illinois and runs in parallel to the Illinois Central Railroad. Illinois routes include IL 10, which travels 91.35 east to west, between a rural area to Champaign. Champaign and other places around the country have seen an uptick in delivery or commercial trucks on their roads. Unfortunately, while there are numerous trucking regulations in place to protect you from negligent drivers, these rules are often violated, sometimes due to carelessness, but other times with the express encouragement of trucking companies who value efficiency and want to make sure the deliveries arrive on time. If you were injured, it is crucial to call the trustworthy Champaign truck accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a free consultation. We have more than 60 years of experience.
Overloaded Truck Accidents
When trucks transport too much cargo, truck drivers may find it difficult to operate the vehicle safely. Even experienced drivers can struggle with an overweighted trucks. A truck that is not properly loaded may increase its speed by too much while going down a hill or the truck, which could affect steering. Overweighted trucks have a higher center of gravity, and this can lead to a rollover. The truck driver may not be able to calculate the proper stopping distance, which can result in rear-end accidents or even underride or override accidents. When cargo is also loosely held, it may fall into the road and result in secondary accidents.
Interstate truck drivers must abide by the Federal Motor Carrier Safety Administration (FMCSA) and state agencies that impose restrictions on the weight a truck can carry. Some overweight trucks are not detected at weigh stations because the inspections are random. Additionally, when an overweight truck is caught for carrying too heavy a load, it may still be sent back on the road with just a ticket.
Attorneys to Establish Liability in Champaign
When a truck driver, trucking company or a third party loading company puts an excessive amount of cargo on a truck, it is more likely that the truck will crash and injure others with whom they shared the road. Several parties may bear responsibility for an overloaded truck accident.
When we represent you, we will need to establish that the crash was the direct result of overloading or an overweight truck. Liability may be easier to establish if the defendant violated the strict industry regulations that govern the weight of the truck, and other aspects of commercial trucking. If any of those parties overloaded the truck, it is likely that the jury will believe they failed to use the reasonable care they owed you and others with whom they shared the road.
We would need to prove: (1) you were harmed by the defendant’s actions that the regulation was meant to prevent and (2) that you were part of the group the regulation was intended to protect. In an ordinary negligence case, we will need to show: (1) the defendant owed you a duty of reasonable care, (2) the defendant failed to live up to that duty by overloading the truck, (3) causation, and (4) actual damages.
The trucking company may be held vicariously (indirectly) or directly liable for an overweighted truck accident case, depending on the circumstances. The company can be held directly if we can show negligent hiring, training or supervision.
Other parties that could be held responsible for overloading are the third party loading company, the truck manufacturer, or a mechanic.
Seek Representation from a Champaign Truck Accident Lawyer
If you were injured in a truck crash and suspect the accident was caused by an overweighted commercial truck, you should call the seasoned Champaign truck accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience advocating for accident victims in court. We also handle SSDI and disability claims.