Oversize and overweight truck accidents in Oklahoma City can overwhelm victims with complex legal and insurance challenges. Our experienced truck accident attorneys are here to guide you through this difficult process and work toward the compensation you need.
Trucking is a competitive business, and some transportation companies violate the rules to increase their profits. They load trucks with more weight than they can safely haul without consideration for the well-being of others using the highways.
Overloaded/overweight truck accidents in Oklahoma City may cause fatal injuries and leave survivors permanently disabled. The Law Firm for Truck Safety represents people harmed by negligent truckers and transportation companies. Our attorney will support you through your recovery and help you seek maximum compensation for your losses.
The Effects of Too Much Weight in a Commercial Truck
Weight is a critical factor in truck safety. Truck manufacturers certify their vehicles to haul a specified weight, and state and federal laws limit the weight of vehicles using the roads. When truckers haul excess weight beyond what their truck can safely sustain, they violate the law and put others on the road at risk.
Too much weight negatively impacts a truck’s performance. A properly loaded truck is already slow to accelerate and decelerate. Overloading further reduces the truck’s responsiveness. Other dangers of excess weight include:
- Distorted steering
- Load shifts, which can lead to jackknifes and rollovers
- Overheated brakes or brake failure
- Tire blowouts
- Broken axles
Any of these issues could lead to a serious accident that kills or injures innocent people.
The transportation company that arranged the shipment and the company that loaded the truck could both be responsible for overloading. However, the ultimate decision to haul overweight cargo rests with the trucker. After an accident, our Oklahoma City attorney can identify all the parties responsible for overloading the truck and file legal claims for compensation against each of them.
Compensation for a Truck Crash
The people and companies that participated in overloading a truck have a responsibility to pay compensation when that truck crashes and injures you. The legal term for this compensation is “damagesIn a civil lawsuit, money designed to compensate an injured person. This includes economic damages (measurable financial loss like medical expenses) and non-economic damages (categories like pain and suffering or loss of love.).” Our Oklahoma City attorney can explain how to document the expenses and lifestyle changes related to the injuries you suffered in an overloaded truck crash so that you can prove your damages.
Economic damages pay your out-of-pocket expenses, such as past and future medical care, devices and equipment needed to accommodate a disability, and rehabilitative services. Economic damages also cover your lost wages and future diminished earning capacity. Additionally, you may be able to claim reimbursement for incidental expenses and property damage sustained in the accident.
Non-economic damages compensate you for the way the injury affects your quality of life. You can claim compensation for disfigurement, physical pain, inability to participate in activities you once enjoyed, and the emotional consequences of coping with the injury.
Damages for Wrongful DeathA legal term referring to a claim against a person who can be held liable for a death.
When someone suffers fatal injuries in an overweight truck accident, family members can sue for their loved one’s wrongful death. Damages in wrongful death cases may include:
- Funeral and burial expenses
- Wages and benefits the deceased person contributed to their household
- Compensation for family members’ grief and emotional anguish
- Loss of the deceased person’s love, guidance, and companionship
When someone survives their crash for a time but later passes away as a result, additional compensation may be available to account for that period.
Punitive DamagesDamages designed to punish a defendant or set an example (in some states, called exemplary damages).
Oklahoma Statute § 23-9.1 allows punitive damages in accident cases when the responsible partyA participant in a lawsuit. In a civil lawsuit, the party who sues is the plaintiff and the party being sued is the defendant. acted intentionally or with disregard for others’ safety. Punitive damages are the compensation a jury awards to punish the responsible party for their wrongdoing and deter others from similar conduct.
Overloading a truck is an intentional act, and everyone involved is aware of the risks. Depending on the details of your claim, our Oklahoma City attorney can seek punitive damages against the responsible parties if your overweight truck accident case goes to trial. Punitive damages can also be used as leverage when negotiating pre-trial settlement offers with the responsible parties.
Talk to an Oklahoma City Attorney About an Overweight Truck Accident
If you were injured in an accident that occurred because a transportation company chose to defy the law and overload a truck, you have the right to take legal action against them. Filing a lawsuit is one of the many ways our firm can help you hold them accountable for their unsafe decisions.
The Law Firm for Truck Safety advocates for individuals harmed in accidents involving overloaded or overweight trucks in Oklahoma City. Contact us today to learn more about how we can help you.
