In a divorce, the laws of equitable distribution distinguish marital property from separate property. Technically, only marital property, that is, proper...
Truck accidents are a serious threat on Georgia's highways, especially on major routes like I-285 and I-75. Overloaded trucks, which carry excessive cargo that exceeds legal weight limits, are among the most dangerous causes of these crashes.
These overloaded vehicles pose a severe risk to other drivers, often leading to catastrophic accidents that cause life-altering injuries or fatalities.
For those injured in such accidents, understanding their legal rights and options for compensation is important. That’s when having an experienced Georgia truck accident attorney can make all the difference in your injury claim or lawsuit.
Overloading an 18-wheeler drastically affects how it operates on the road. Commercial vehicles that carry too much weight become harder to control and take longer to stop. This extra weight puts immense strain on the big rig’s tires, brakes, and other essential components, increasing the chances of a dangerous malfunction.
Additionally, overloaded tractor-trailers are more likely to jackknife, roll over, or suffer from tire blowouts. These scenarios often end in tragedy for the drivers and passengers of smaller vehicles caught in the large truck’s path. Common risks from overloaded trucks include:
The consequences of overloaded trucks can be devastating. These heavy vehicles cause significantly more damage in collisions than trucks operating within legal weight limits. For example, a fully loaded tractor-trailer that exceeds the 80,000-pound limit will need more time to slow down or stop, leading to serious crashes that often result in severe or fatal injuries, including traumatic brain injuries, spinal cord damage, and multiple bone fractures.
Truck overloading is heavily regulated at both the federal and state levels to ensure safety on the roads. The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations to control truck weight limits across the United States. For most U.S. commercial motor vehicles traveling on interstate highways, the maximum allowable weight is 80,000 pounds. This includes:
While federal regulations set the baseline, individual states can adapt these laws to fit their specific needs, especially when issuing permits for overweight vehicles.
Georgia issues overload permits for vehicles that exceed the 80,000-pound limit, but only for certain types of loads and under strict conditions. These permits allow vehicles with “nondivisible” loads — cargo that cannot be disassembled in less than eight hours — to legally exceed the standard weight limits. The Georgia Permitting & Routing Optimization System (GAPROS) is used to order these permits. Here are the types of overload or overweight permits that Georgia may issue:
Allows a commercial vehicle to exceed the weight or size limits for multiple trips within a year.
This is for vehicles with a gross weight exceeding 150,000 pounds or dimensions exceeding standard oversized limits.
This is for extremely large or heavy loads that exceed the capacity of a standard superload permit.
For loads that cannot be divided into smaller units, such as large construction equipment or prefabricated structures.
Specifically for vehicles transporting raw forest products like logs, timber, or wood chips.
For transporting agricultural products like farm equipment, livestock, and crops.
These permits are essential for oversized cargo, but they come with numerous restrictions, particularly in urban areas like Atlanta.
In Georgia, navigating the permit system for overloaded trucks can be particularly challenging in Atlanta due to strict local laws. Trucks with overload permits are subject to special rules when operating near or within the Interstate 285 bypass, which encircles the city.
These safety measures are designed to minimize the risk of accidents by ensuring that other drivers are aware of the potential dangers posed by overweight trucks on the road.
Proving that a tractor-trailer was overloaded after an accident can be a challenging task. Victims may struggle to access critical information like cargo manifests or weigh station records. This is where an experienced truck accident lawyer plays a crucial role. An attorney can investigate whether overloading contributed to the accident by demanding evidence such as cargo logs, maintenance records, and inspection reports.
Every case is different, and the types of evidence collected will depend on the circumstances of the crash. However, basic types of evidence a lawyer can collect in an overloaded or overweight truck accident include:
In truck accident cases, expert witnesses are crucial to building a strong case, and having an attorney secure the right experts can make all the difference. Accident reconstruction experts, for instance, can analyze physical evidence from the crash scene, such as skid marks and vehicle damage, to determine how the truck’s weight contributed to the accident.
Additionally, industry experts are essential in reviewing company practices, shedding light on improper loading or maintenance violations that may have contributed to the crash. Without expert testimony, it can be difficult to prove these critical details. Having a skilled truck accident attorney who knows how to enlist the right experts is key to securing maximum compensation for victims.
Victims of overloaded truck accidents deserve compensation for the physical, emotional, and financial toll these crashes take on their lives. However, filing a claim after a truck accident is complex, especially when overloading is involved.
Victims must prove that the truck was overloaded, that the overloading contributed to the accident, and that they suffered damages as a result. This requires gathering a wide range of evidence, from maintenance records to eyewitness testimony, and negotiating with insurance companies who may be more interested in protecting their bottom line than compensating victims fairly.
An experienced truck accident lawyer can handle the complexities of an overloaded truck case and significantly improve the chances of a successful outcome. From investigating the accident to negotiating with insurers, a lawyer can take on the burden of building a strong case so victims can focus on their recovery.
To further support victims of overloaded truck accidents in Georgia, Attorneys Gary Martin Hays and Sarah Jett offer a comprehensive resource titled The Authority on Tractor-Trailer Wreck Claims in Georgia. This resource was designed to help injured victims and grieving families understand their legal rights and the complex issues surrounding truck accident cases. It covers multiple accident scenarios, legal avenues to explore, and essential steps to securing full compensation for the losses suffered.
If you choose to work with Gary Martin Hays & Associates, you’ll receive a physical copy of this book, along with a customized plan to protect your rights. Additionally, digital copies are available for free download. This resource can be a powerful tool in navigating the emotional and financial challenges that come after a serious truck accident.
In a divorce, the laws of equitable distribution distinguish marital property from separate property. Technically, only marital property, that is, proper...
If you need a lawyer but can’t afford to pay one, two terms you might hear are “pro bono” and “contingency fee.” While these are both ways to get legal r...
When a couple separates or divorces, both their property and their debt must be divided. The way debt division plays out in divorce – and the way it inte...
The Law Offices of Gary Martin Hays & Associates, P.C., is committed to protecting the rights of accident victims in Atlanta and throughout Georgia. We handle claims involving per...