When you get hurt in an auto accident, you can typically bring a case against the at-fault party. But what mistakes and errors you base the claim on, and whether you file it as an insurance claim or a lawsuit (or both) will depend on the facts of the case.
When a crash is caused by an overloaded truck, you have to analyze a few factors: Did the truck’s weight actually cause the crash? Did the weight make your injuries worse? If the answers are “yes,” then you can often sue the at-fault driver and potentially their trucking company, though an insurance claim might still suffice.
Call Mitchell Rogers Injury Law’s Las Vegas, NV truck accident lawyers today at (702) 702-2622 for a free case evaluation.
Can You Sue?
First and foremost, let’s investigate whether you can sue:
At-Fault Car Insurance
In Nevada, we use an at-fault or “tort” car insurance system. This means that the at-fault driver is responsible for accidents, and their insurance pays for damages. That means that if the other driver caused your crash, you can file an insurance claim against them.
In no-fault states, you use your own insurance, but your right to sue is limited in exchange. However, because we have an at-fault system, there is no restriction on your right to sue. If insurance is being uncooperative or you simply prefer to do so, you can go straight to court.
Grounds for a Lawsuit
If you do sue, you need legal grounds. This is usually “negligence” in an auto accident: a claim that the defendant caused your crash by breaching a legal duty they owed you. This usually requires some regulatory or traffic violation, though “unreasonable” acts can also satisfy this “breach” element.
If there is a violation that led to the crash, you can sue because of the overloaded truck.
Did the Truck’s Weight Cause the Crash?
With negligence claims, you need to show that the breach of duty caused the crash. If a truck was overloaded, but the driver crashed because they were drunk, for instance, then the truck’s weight would have nothing to do with the cause of the accident.
Regulations
There are trucking regulations on weight limits, usually requiring trucks to weigh a maximum of 80,000 pounds. If this was violated, then the trucker and trucking company could get in trouble.
Causation
If that violation was what caused the accident – i.e., the accident would not have happened if the truck weight under 80,000 pounds – then that can supply the cause of the accident. Typically, this needs to be accompanied by additional facts that show the weight was the issue:
- Strain on the brakes
- Trucker’s inability to maneuver properly
- Flipped or rolled trucks.
Other Causes
If the weight wasn’t the actual cause of the crash, we can still sue based on other causes. For example, if an overweight truck’s brakes failed, the weight might be a factor, but the brake failure is the big issue the trucking company could be responsible for.
As long as our Boulder City, NV truck accident lawyers can present a cause – any cause – that the driver/trucking company is responsible for, we can win the case; it doesn’t have to be the weight limit violation.
Did the Weight Contribute to the Crash?
Whether the crash was caused by the weight limit violation or not, the extra weight of the truck could cause additional damages. For example, the damage in a crash might be provably worse for a truck that is several hundred pounds overweight.
If we can provide evidence of that, we can get higher damages and potentially use that as proof of partial fault, even if other factors contributed to the accident.
Punitive Damages
In some cases, proof of these kinds of violations can also lead to additional damages. Punitive damages are used to punish the at-fault driver or trucking company and deter future violations.
Legal Standard
Trucking regulations are there to keep people safe, and reckless disregard for these laws might allow punitive damages in some cases. However, it is always up to state law. For example, in Nevada, you can only get punitive damages if you have “clear and convincing evidence” of “oppression, fraud[,] or malice.”
Proof
Proof that a trucking company intentionally overloaded its trucks, regardless of the dangers, and falsified weigh-ins or manifests could help prove that your case meets the standards for punitive damages.
FAQs for Suing for a Crash Caused by an Overloaded Truck
Can You Sue Just Because the Truck Was Overweight?
The fact that a truck involved in your crash was overweight is not necessarily enough to allow you to sue the trucker/trucking company. You need to prove that excess weight actually contributed to the crash, either by causing it or making the injuries/damages worse.
For example, if another car caused the crash, or the trucker was drunk, that would be the cause, not the weight. However, increased weight could cause increased damages, adding a portion of blame back in.
Do You Sue Drivers or Trucking Companies for Overweight Vehicles?
It depends on who loaded the truck and who operated it. Some truckers are independent, so there is no “trucking company” to speak of, and the buck stops with them. Sometimes containers and trailers are loaded by the company whose cargo is being delivered, and the trucker/trucking company might not even know about the weight issue.
Other times, the trucker or trucking company knew about the over-limit weight and drove anyway, which would make them responsible. You can often sue both the driver and the trucker and figure out who gets which share of the blame.
What Are Truck Weight Limits?
Eighteen-wheeler trucks are typically limited to 80,000 pounds. The weight limit typically depends on how many axles there are, with each one adding more possible weight the truck can carry. Eighteen-wheelers (with five axles) typically have the highest limit, and smaller trucks might have even lower weight limits.
Call Our Truck Accident Lawyers Today
For a free case evaluation, call Mitchell Rogers Injury Law’s Winchester, NV truck accident lawyers today at (702) 702-2622.