An overloaded commercial truck is a danger to everyone on the road, and Utah highways are constantly congested with truck drivers carrying loads across the state. Suppose you suffered an injury or lost an important person in your life in an accident caused by an overloaded truck. In that case, you can recover compensation for your financial and emotional losses. The law favors personal injury victims, and a truck accident attorney can help you build your case, argue your claim, and get your life back on track.
Any person or entity involved in loading and securing a truck trailer could be liable if their negligence leads to an accident. The loading crew is the most apparent party to blame in an overloaded truck accident. However, all parties responsible for loading a truck should be well-versed in the weight restrictions imposed by the Federal Motor Carrier Safety Administration. The truck driver is liable for missed cargo inspections or skipping weigh stations on the road. The trucking company could be responsible for the truck driver’s actions and loads coming directly from the trucking company. A third-party loading crew would be liable if another company overloaded the truck. Each of these parties would be responsible for damages, but you, the plaintiff, would have to prove they were negligent.
The foundation of nearly every personal injury case is negligence. To recover damages, you must prove all three elements of a negligence claim:
Parts of this process are relatively straightforward. For example, the first element mentions the duty of care. The loading crew has a responsibility to abide by FMCSA restrictions to ensure the safety of everyone on the road. That is their duty of care. Next, overloading the truck would violate their commitment to keeping you reasonably safe on the road. Finally, the last element requires you to provide evidence supporting a direct link between the overloaded trailer and your accident and injuries. During their investigation, your truck accident attorney will identify all the evidence needed to support your claim.
If you suffer severe, substantial injuries and need emergency care, there is little you can do at the scene of the accident other than wait for the care you need. However, if you are physically able, some steps you can take to protect your right to recover your losses include:
If you manage to walk away with only minor physical injuries, you should still have a complete medical evaluation right away. However, avoid waiting too long to go to the doctor. Delays in treatment could indicate to the insurer that you sustained your injuries elsewhere or worsened them by delaying proper care. Additionally, try not to speak to anyone about the accident and stay off social media while the case is ongoing.
Damages are the legal representation of financial, physical, and emotional losses from a personal injury accident. Given the vast size and weight of an overloaded truck trailer, injuries can be severe, and losses can be substantial. While every truck accident case has unique circumstances, most include some variation of economic and non-economic losses.
Economic losses are the damages that directly affect you financially. These are often easily evidenced and calculated because they have tangible documents to validate them. Examples include:
Suppose the accident resulted in the loss of a loved one. In that case, Utah allows immediate family members to file a wrongful death suit seeking damages, such as loss of inheritance, benefits, and funerals and burial expenses.
Non-economic losses do not have inherent tangible evidence because they refer to the mental and emotional effect the accident had on the victims. Some examples of these damages include:
In a wrongful death case, you can request compensation for the pain and suffering your loved one endured as well as other non-economic damages, such as loss of companionship or consortium and the loss of the love and nurturing the deceased provided. Identifying and calculating non-economic damages can quickly become complex, but a truck accident lawyer will ensure your claim accurately reflects your losses.
An overloaded truck often results from a greedy company trying to profit more. As a result of that greed, victims may suffer life-altering injuries or even death. If you recently sustained injuries or lost someone you love as the result of an overloaded truck accident in Taylorsville, Utah, consider the advantages of having a truck accident attorney on your side:
At Fielding Law, we know the devastation a truck accident can cause and are prepared to fight the trucking companies and their legal teams on your behalf. These claims can quickly become complicated and leave you feeling overwhelmed and frustrated. Rather than face that struggle alone, let us build your case and get you the compensation you deserve. Contact an experienced truck accident lawyer at Fielding Law today for a free case evaluation. Our phone lines are open day and night at (877) 880-4090. At a minimum, we can answer your questions and give you peace of mind.