Who Is At Fault If An Overloaded Truck Causes Injuries In Taylorsville, UT?

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.

Potentially Liable Parties in an Overloaded Truck Accident Case

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.

Proving Negligence in an Overloaded Truck Accident Case

The foundation of nearly every personal injury case is negligence. To recover damages, you must prove all three elements of a negligence claim:

1. That the loading party owed you a duty of care
2. That the loading party violated that duty of care
3. That the violation of duty resulted in the accident that caused you injuries

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.

What To Do After a Truck Accident To Protect Your Right to Compensation

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:

• Reporting the accident to the police and providing a statement for the accident report
• Taking photographs of the damaged vehicles and any visible damage on your body
• Documenting your account of the accident in written or recorded form for your attorney to use
• Getting the contact, insurance, and employer information from the truck driver
• Taking a video of the scene, including a narration of what happened
• Gathering the names and contact information of every possible eyewitness

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.

Recoverable Damages From a Truck Accident Case

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

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:

• Your medical bills: medications, ambulances expenses, emergency care services, hospital stays, doctor visits, surgeries, ongoing therapies, and necessary medical devices, such as a wheelchair or other mobility aide
• Lost income: loss of wages caused by missed days at work, loss of promotional opportunities, or loss of earning capacity caused by injuries resulting in permanent impairment or disability
• Damaged property: cost of repairing or replacing all property damaged in the accident, including items inside the car
• Out-of-pocket expenses: childcare, in-home help, transportation to doctor visits, or structural changes to the home to accommodate a disability

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

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:

• The physical and emotional pain and suffering caused by your injuries
• The loss of enjoyment in life
• Issues with anxiety, depression, or post-traumatic stress disorder
• Disability
• Disfigurement or dismemberment

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.

Scheduling a Free Consultation With a Truck Accident Lawyer

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:

• You can focus on recovering from your injuries or grieving the loss of your loved one while your attorney represents you in all the back and forth with the insurance company.
• Your attorney will investigate the accident and gather all the necessary evidence to prove negligence and damages.
• A truck accident attorney is familiar with the FMSCA regulations mandating weight limitations for varying truck sizes. 
• Your attorney has access to resources that can help support your claim, such as accident reconstruction specialists and doctors with experience working with truck accident victims.
• Your attorney will protect your rights and ensure you make no mistakes that could affect your right to compensation.

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.