Collisions between commercial trucks and smaller vehicles can result in very serious injuries. Trucks weighing many tons easily brush aside smaller cars and can wreck them in direct crashes. While truck drivers must obtain special licenses to operate their vehicles, they must also drive with the same diligence required of all motorists.
One common way truckers violate this responsibility is by overloading their trailers. By making their trucks overweight, they reduce their ability to control the truck and add additional force to an already violent collision. After overweight and overloaded truck accidents in Bartlett, our diligent tractor-trailer crash attorneys at Reaves Law Firm, PLLC could work to prove a truck was overweight in the moments leading up to the collision and use that fact to pursue a powerful claim for compensation against negligent truckers and their employers.
Most injured parties recover compensation after an accident with a truck by proving negligence: that is, that the truck driver failed to provide proper protection and so was responsible for the outcome of the collision.
In situations where the trucker was violating the law, the court can presume they were at fault for the accident. This is known as negligence per se; in other words, if the injured party can show the trucker was violating a legal statute at the time of the accident, the court may presume the trucker’s fault for a crash.
When attorneys consider whether a truck was overweight, they look to the U.S. Department of Transportation regulations for truck weight limits. These regulations state a tandem-axel vehicle—that is, a vehicle with two or more consecutive axels between 40 and 96 inches apart—using an interstate highway can never weigh more than 34,000 pounds. In addition, vehicles can never weigh in excess of 80,000 pounds. Finally, local laws in both the state of Tennessee and the immediate Bartlett area may place further restrictions on vehicle weight. A knowledgeable legal professional can provide more information about the laws that limit truck weight and how violations of these laws may help prove liability following overweight or overloaded semi-truck crashes in Bartlett.
Parties who are to blame for accidents have a requirement under the law to provide fair financial recovery to their victims. Even so, those victims must prove the extent of their losses and be able to connect them to the incident.
This is another way in which a seasoned attorney from Reaves Law Firm, PLLC may be able to provide support. They can connect a physical injury to a tractor-trailer collision and gather the needed medical records and bills. They can also evaluate how an event has changed a person’s quality of life or threatened their ability to earn a living. Using this information, they are ready to pursue cases that demand proper compensation in and out of court.
Another legal aspect of a truck accident case is the statute of limitations: Tennessee Code Annotated § 28-3-104 states most injured people have only one year from the date of a crash to pursue payment. While this may seem like a long time, recovery from injury and settlement negotiations can take many months. Time is of the essence when it comes to contacting a proactive lawyer in Bartlett for help with overweight or overloaded truck accident claims.
When you are involved in a wreck involving an overweight truck, your focus should be on your recovery; however, you also need to act quickly to protect your legal rights. Between obtaining the proper medical treatment, talking with your insurance company, and fending off the trucker’s insurance representative, the process can be overwhelming.
Our dedicated lawyers at Reaves Law Firm, PLLC are here after overweight and overloaded truck accidents in Bartlett. We examine all the evidence in your case—from witness statements and police reports to accident reconstructions—to develop an argument that the 18-wheeler in the crash may have been overweight.
Armed with this knowledge and backed by a strong demand package, many cases settle without ever going to court. Call a capable attorney from our firm today to let them take care of the details so you can concentrate on your recovery.