Trucking companies are bound to specific weight limitations, meaning their truck’s weight cannot exceed the limits the State of Florida has set. Weight limitations are based on the size of the vehicle, type of truck, and cargo that is being transported. The reason these limitations exist is because trucks are only permitted to carry a certain amount of weight and anything above the stipulated amounts could put the trucker and other drivers’ safety in jeopardy.
Although there are some exceptions to these limits, trucking companies should not be overloading their trucks as it could cause the truck to tip, flip, or experience mechanical issues. If you or a family member were involved in an accident in Maitland, FL that was caused by a truck that was overloaded, a FL trucking accident lawyercan help you recover compensation for any damages/losses suffered. Here’s how.
- A truck accident lawyer will first need to determine whether you have the grounds to sue.
Although the truck may have been overloaded, a lawyer will still need to determine if you have a legitimate claim against the trucking company, driver, etc. and if legal action is worth pursuing. A truck crash attorney will also need to confirm that your claim is being filed within the statute of limitations the State of Florida has set for personal injury cases. Currently, the statute of limitations has been set to four years meaning you must file your lawsuit within four years from the date of the incident or when the injury became known otherwise you risk not being able to file suit for damages.
- After a Maitland, FL truck attorney confirms you have a case and the statute of limitations has not yet passed, they will identify the parties whom you can recover compensation from.
Who might this be? The truck driver, trucking company,the trucking company’s insurance carrier, the manufacturing company that is responsible for supplying truck parts, etc. are all potential parties that could be named in your lawsuit. The fact is, it all depends on who was responsible for overseeing the truck operations and allowed it to become overloaded and what factors contributed to the crash. For example, while the truck may have been overloaded by warehouse workers which was one factor that led to the incident occurring, the truck may have also experienced a mechanical issue that was attributed to a defective part which also contributed to the crash transpiring.
- Once an attorney establishes who was at fault for the wreck, they will then need to decide what your damages are worth.
Damages is a term that is used quite often in personal injury cases and refers to the amount of compensation you are seeking from a liable party. The money you receive, which serves as a form of relief, might be used to pay for the following:
- Mental anguish
- Past and future medical expenses
- Lost wages
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
- After your lawyer has gathered all the evidence and information needed to file suit, they will then initiate the process.
It is important to remember that cases involving commercial trucks tend to be more complex and could take months before a settlement is reached.
If you think you have a case against a trucker and/or trucking company for an accident that was caused by an overloaded truck, contact Paul & Perkins P.A. to speak with a highly experienced truck accident attorney in Maitland, FL.
Paul & Perkins P.A. can be reached at:
711 N. Orlando Avenue, Suite 202
Maitland, FL 32751