Winston-Salem Overloaded Truck Accident Lawyer
Commercial trucks, when driven and maintained properly, are the most efficient form of transport in America. Unfortunately, many truckers and their companies are ignorant of or choose to ignore, North Carolina’s laws concerning cargo weight.
There are strict limits on how much a commercial vehicle can weigh that depend upon the vehicle’s length and a number of axles. Violations of those limits increase the chances of rollovers and limit the truck’s mobility. When these accidents result in people being injured, they have the right to sue the trucking company for their injuries.
Winston-Salem overloaded truck accident lawyers represent plaintiffs who have been injured by overloaded trucks to obtain the fair compensation that they deserve. If you have been injured in an overloaded tractor incident, speak to an experienced truck accident attorney that can help.
Truck Weight Laws in North Carolina
The North Carolina legislature has passed specific laws defining weight limits for trucks. N. C. Gen. Stat. 20-118 states that the maximum weight for any vehicle is 80,000 pounds, but for the most common forms of commercial trucks, tandem axle semi-trailers, the limit is 38,000 pounds.
It is important to note that these weight limits apply to state highways, the most well maintained and widest roads in the state. If the road in question is a smaller one, even less weight is permitted. The penalties for violations of this statute amount to a civil fine, but a conviction under this law will greatly assist plaintiffs in their personal injury cases. A qualified Winston-Salem overloaded tractor lawyer can use these weight limit violations to bolster an individual’s face.
Negligence Per Se
Normally in a personal injury lawsuit involving a truck accident, a plaintiff must prove that the defendant driver acted in a way that was negligent. This can be by speeding, running a red light, or even by driving for too many consecutive hours. Whether a driver acted negligently is the central question of truck accident cases. However, when the defendant has been convicted of violating a law, in our case, a truck weight limit law and this violation led to the accident, the courts consider that defendant to be automatically negligent.
This is what is meant by negligent per se. For this reason, it is extremely important that all people involved in an accident with commercial vehicles contact the police. The police will conduct their own investigation into the accident and weigh the truck as part of this procedure. If the truck is believed to be overweight, and the civil fines are imposed, plaintiffs will have a very strong case. Therefore, it may benefit a plaintiff to wait until the police complete their investigations and potential prosecutions before filing a formal claim.
How a Winston-Salem Overloaded Truck Accident Attorney Can Help
Overloaded trucks are one of the most dangerous hazards on the road. Their top-heavy and imbalanced cargos can cause the entire vehicle to roll-over, even at low speeds. Rolling commercial vehicles pose a deadly threat to all other people on the road, and when these accidents result in an injury, the people who are hurt have the right to hold the trucking company responsible.
The police will investigate any truck accident and if that truck is found to be overweight, a potential plaintiff will have a very strong case in court.
A Winston-Salem overloaded truck accident lawyer can help you argue your case and can help you obtain the compensation that they deserve. Indeed, in many cases involving overloaded vehicles, a strong negotiation platform, coupled with a sound knowledge of the law, results in fair settlements without going to court.