Overloaded Trucks
Last Updated : February 11, 2022

Beaumont Overloaded Truck Accident Attorneys

If you or a loved one was injured or killed in a truck accident that involved an overloaded or overweight truck, you could be entitled to significant compensation. Overloaded trucks traveling on roadways are a potentially-menacing threat to smaller passenger vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), nearly 5,000 people died in large truck accidents in 2017.  One of the most common reasons why these crashes happen is because truck drivers lose control of large trucks that exceed the regulatory standards for weight limits.

If you’ve been involved in an accident with a large truck carrying a load that exceeded the maximum weight limit designated by federal or state standards, you can file a lawsuit to recover damages for the losses you have suffered.

The lawyers at Portner Bond, PLLC have significant experience helping people who have been involved in overloaded truck accidents. Call us today at (409) 838-4444 to schedule a free consultation about your case.

Why You Need a Lawyer for Your Accident Case

If you have recently been involved in an accident with an overloaded truck, then it’s likely that you have been injured and are either recuperating at home or in the hospital.

To try to add taking legal action against a truck driver and the trucking company they work for while you are still recovering is more than can be reasonably expected. However, knowledgeable overloaded truck accident attorneys can start working on your case right now, so you should retain legal counsel as soon as you are able to.

Soon after an overloaded truck accident, the insurance company that represents the trucking company will send an agent to the scene of the crime to collect data and interview witnesses.

The insurance company does this to protect themselves if a claim is brought against them. If an insurance company has asked you any questions regarding the accident, then they are most likely using this information to protect themselves and hurt your case. Do not answer any of their questions. Instead, refer them to your attorney.

In other instances, an insurance company may try to settle the case by offering you a one-time settlement. This amount will be significantly lower than the amount you will need to recover your losses and it will be far less than the compensation that you are owed. An overloaded truck accident lawyer can help get you the fair settlement that you are entitled to.

In order to establish a personal injury case against a truck driver or trucking company, negligence on their parts must be proven. When one party acts in a careless manner that results in injury to another party or other parties, then the careless party will be held liable for any resulting harm under the legal principle of negligence.

The lawyers of Portner Bond, PLLC have many years of experience handling cases involving overloaded truck accidents. They have the knowledge and resources to obtain the evidence that unequivocally proves that either the truck driver or the trucking company or both were negligent by overloading the truck that caused your accident.

Why Choose Portner Bond, PLLC To Handle My Case?

Portner Bond, PLLC, which is located in Beaumont, Texas, specializes in personal injury claims. Our personal injury attorneys have more than 70 years of combined experience handling cases just like yours.

At Portner Bond, PLLC we are committed to helping our clients put their lives back together after devastating overloaded truck accidents. We are sensitive to and compassionate about what our clients need.

We understand how catastrophic severe injuries or death can be for accident victims and their families. Our lawyers use an empathetic and thorough approach to help our clients receive the compensation they deserve.

Our attorneys represent you and people like you instead of insurance companies and large corporations. The distinguished legal team at Portner Bond, PLLC is committed to using their seven decades of combined expertise and experience to help you recover the maximum compensation for the financial, medical, physical, emotional, and mental suffering you are enduring.

Trent Bond is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Only about 10 percent of lawyers in Texas have received this honor. Chris Portner graduated magna cum laude from Tulane Law School and has handled thousands of personal injury law cases. Tom Kiehnhoff worked as Assistant United States Attorney in the Eastern District of Texas from 1990-2001 and has been working as a private attorney since leaving that position.

Together, our lawyers effectively manage personal injury and wrongful death claims by carefully examining the evidence, and then presenting that evidence in a way that demonstrates the full extent of our client’s injuries. We take your cases seriously and are prepared to take a case to trial when necessary.

Types of Overloaded Truck Cases We Handle

Texas has more fatal large truck accidents than any other state, according to the Federal Motor Carrier Safety Administration (FMCSA). Fatal large truck crashes happen more frequently in rural areas and on interstate highways.

Beaumont, which is surrounded by small towns and located on Interstate 10, is an area that has a lot of large truck accidents. Of the people who were killed in large truck accidents in 2017, the majority were those in passenger vehicles.

Portner Bond, PLLC has handled many large truck accident cases, so we know how to present your case to ensure that you get a fair and just settlement for the losses you’ve suffered from your overloaded truck accident.

Commercial trucks are large, heavy, difficult to handle, and are designed to carry no more than 80,000 pounds of cargo. The drivers of these tractor-trailer trucks must have the necessary skills to properly load these trucks and then adeptly handle the cargo when driving at highway speeds.

When trucks are overloaded, a number of accidents can occur. Here are some of the most common causes of overloaded truck accidents:

  • Loss of Control ­– Trucks that are loaded with more weight than the truck is designed to carry can be hard to control. The weight of the cargo can make it more difficult for the driver to make complete stops, move up and down hills, and navigate curves.

A commercial truck needs more time to stop than a regular passenger vehicle. While a regular passenger vehicle that weighs 4,000 pounds and is traveling at 65 miles per hour needs about 316 feet to make a complete stop, a truck weighing 80,000 pounds needs 525 feet to stop.

So, the more a truck weighs, the more space the truck needs to make a complete stop, which can be hazardous to the smaller passenger vehicles on the road.

  • Loss of Balance and Rollovers ­– Trucks lose balance and roll over when the weight of the truck is not evenly distributed. An overloaded truck causes the center of gravity to shift, which in turn can cause a rollover.
  • Tire and Brake Failure – When a truck is carrying too much weight, the tires and brakes wear down more quickly. Overloaded truck tires are pushed beyond their limits and are more susceptible to bursting. The excess friction from the weight of the overloaded vehicle can put a strain on brakes and wear them down in a shorter amount of time than usual.
  • Damage to Roadways ­– Overloading a truck not only causes problems to the truck itself, but it can cause more wear and tear to the roads these trucks traverse. Highways are designed to withstand a certain amount of weight, and when overloaded trucks surpass that weight limit, serious roadway damage can occur.

The Gross Vehicle Weight Rating (GVWR)

Truck manufacturers assign a Gross Vehicle Weight Rating (GVWR) to trucks, and a vehicle should never be loaded beyond the manufacturer’s listed weight. The GVWR takes into account the mass of the truck itself plus the weight of any accessories such as cargo and passengers.

Truck drivers are expected to make regular stops at weigh stations along trucking routes to make sure their truck does not exceed the GVWR. However, some truck drivers do not follow directions to lighten their load when the station notifies the driver that the truck is overweight.

Holding Trucking Companies Liable for Overloaded Truck Accidents

While a truck driver can be held accountable for overloading a vehicle, the trucking company that owns the vehicle and employs the driver can also be held accountable under a number of circumstances.

Trucking companies will often intentionally overload trucks to speed up the delivery process and to increase profits. Trucking companies may also destroy or alter records of the maintenance, inspection, and weight of the truck. These actions make the trucking company liable for negligent behavior.

After your attorney demonstrates that the truck driver and/or the trucking company was legally at fault for your accident, you can recover damages such as medical bills, lost wages from work, and property damage to a vehicle. You can also recover non-economic damages including pain and suffering and a decreased quality of life.

Contact a Beaumont Overloaded Truck Attorney Today

Injured people may feel overwhelmed by the physical and emotional impact of an overloaded truck accident.

Our attorneys at Portner Bond, PLLC will show you compassion while we deftly handle your claim because we have a deep understanding of the kind of pain you are experiencing.

At Portner Bond, PLLC, we know the importance of securing evidence in order to prove the full liability of the truck driver, trucking company, or any other persons involved in the overloaded truck crash.

Contact our personal injury lawyers today to find out your legal rights and the steps that you can take to receive compensation. Our lawyers help victims in Beaumont and the Southeast Texas region.

If your injuries prohibit you from traveling, our attorneys will come to you. Call us now at (409) 838-4444 or fill out the form online to schedule a free consultation.