Drivers who fail to understand how weight affects truck operations may not respond appropriately when rounding curves or applying brakes. Mishandling often leads to running stop signs or rollovers. When these actions cause overloaded/overweight truck accidents in Clark, the drivers may be held negligent and financially responsible for the resulting harm.
If you were harmed due to another driver’s negligence, reach out to our dedicated truck accident attorneys today for a free consultation.
Who is Responsible for Overloaded Truck Accidents?
Trucks loaded at the start of a route and unloaded at their destination are less likely to carry improperly secured cargo. In contrast, truck drivers who unload and reload cargo along the way must actively secure the load, especially when the trailer is not fully packed. Drivers must avoid adding containers that exceed legal weight limits, as these changes shift the truck’s center of gravity and increase the risk of a crash.
When overloaded trucks make an unexpected maneuver while driving through a curve, the directional change increases the gravitational pull. If there is sufficient pull, the truck will tip over. If drivers understand how weight changes operations, they can adjust their speeds and counter the external forces that can lead to an accident.
Trucking and logistics companies may overload trucks to maximize space utilization without considering potential impacts. They may fail to distribute cargo for optimum weight allocation. In such instances, they may be partially responsible for an overloaded truck accident in Clark.
Available Compensation in Truck Accidents
The no-fault insurance system, combined with comparative negligence rules, can make the claims process confusing following an accident involving an overweight truck. An experienced personal injury lawyer helps clarify your options and protect your right to compensation.
No Fault
Drivers file claims with their insurance carriers to recover medical expenses and lost wages up to their policy limits. If costs exceed those limits and the injuries meet the threshold for disfigurement or permanence, injured parties may pursue a claim against the at-fault driver.
Insurance Coverage
Motorists’ ability to sue an at-fault driver depends on their insurance plan. They can choose from a limited or unlimited right-to-sue policy.
- Limited Plans: If they meet injury thresholds, injured parties can sue for pain and suffering.
- Unlimited Plans: Injured individuals can file a lawsuit for pain and suffering regardless of the injuries.
Drivers must file property damage claims with the at-fault driver’s insurance carrier.
Comparative Negligence
The state applies a modified comparative negligence system, which allows injured parties to recover damages even when partially at fault. However, the award is reduced by their percentage of fault. For example, if a truck driver is 95% at fault and a motorist is 5% at fault, the motorist may recover 95% of the total compensation.
Speak With an Attorney After Your Accident Involving an Overweight Truck
Injuries from overloaded/overweight truck accidents in Clark can be devastating. However, pursuing compensation can be difficult due to the complexities of New Jersey’s no-fault system and modified comparative negligence rules. While the law allows up to two years to file a claim, delays may lead to lost evidence and unavailable witnesses, making it harder to build a strong legal case.
Fredson Statmore Bitterman, LLC, works with medical and financial experts to calculate fair compensation and relies on accident reconstructionists to explain how the crash occurred. Backed by an experienced team of attorneys, our firm provides the personal care clients need to navigate the legal system while focusing on recovery. Contact us today to discuss your claim during a free consultation.
