Large trucks are required to keep their load weight within the legal limits for various reasons. For starters, carrying a load that is heavier than what the truck is equipped to handle could place too much pressure on the tires and wind up causing one or more to pop. Not only could this result in the truck being thrown off balance and losing control, but it could cause the truck to collide into any of the vehicles that might be traveling nearby to it. A load that exceeds the legal limits is also dangerous as this increases the chances of the truck flipping when it makes a sudden turn or if the load is uneven and there is inclement weather present.
Now, when a truck driver accepts a job to operate a truck or is operating one for personal reasons, they should check to be sure the weight of the load doesn’t exceed what state law stipulates they can carry. In the event they find out later on that they are operating the truck illegally as their load doesn’t adhere to state and federal laws, they risk being arrested or ticketed if they are pulled over by an officer and they find that the weight does, in fact, exceed legal limits.
However, the Illinois Secretary of State highlights that “no arrest ticket will be issued if the overweight is 2,000 pounds or less and the driver or owner shifts or removes the excess.” In the event the truck is operating with a registered weight of 80,000 or more, the overweight limit is reduced to 1,000.” Now, some trucking companies are able to receive special permission to operate vehicles that exceed the maximum size and weight limitations, although they must obtain this permission from IDOT before allowing their trucks to be taken out on the roads.
What should a truck driver do if their load weight is more than the legal limit?
The Illinois Secretary of State says that “truck drivers and/or owners are responsible for overweight vehicles” and “the weight allowed on an Illinois plate is shown on the registration card.” This card must be present inside the cab of the truck, carried by the driver, or carried by the person in control of the vehicle. In the event a trucker determines their load is overweight, they must:
- Stop the vehicle in a suitable place.
- The truck must remain standing until a part of the load is removed or shifted to comply with the law.
- Any material unloaded from the truck shall be the responsibility of the owner or operator.
What if I was involved in an accident with a truck that was carrying a heavier load than the law permitted?
Involved in a truck collision in Chicago, IL? Contact an IL truck crash attorney who can help you file a claim in an attempt to recoup the compensation you need to help you recover from the injuries you sustained.
Now, because you have identified that the truck wasn’t complying with state laws, you could be held accountable for causing the accident which could reduce the amount of compensation you are entitled to receive for the injuries you sustained. Therefore, to be sure your rights are protected and exercised properly, it would be in your best interest to hire a Chicago, IL truck accident lawyer. The attorneys at Dinizulu Law Group, Ltd. located in Chicago are some of the most qualified and experienced professionals in the field and will be sure to help you recover the compensation you are rightfully due.
To get an initial consultation scheduled with this firm, give them a call at 1-312-384-1920.
You can contact Dinizulu Law Group, Ltd. at:
221 North La Salle Drive, Suite 1100
Chicago, IL 60601