Overloaded Truck Accidents in Georgia: Who’s Responsible?
In 2021, 5,788 people died in truck accidents in the US, a 17% increase from 2020. Overloaded trucks are a major safety concern on Georgia’s highways and roads. When a truck is overloaded, it becomes much harder to control and stop, greatly increasing the risk of an accident. Truck accidents often cause serious injuries and fatalities due to the massive size and weight of large trucks. So, who is legally responsible when an overloaded truck is involved in an accident in Georgia? There are a few parties that can share blame.
The Truck Driver
The truck driver operates the vehicle and is responsible for ensuring it is not overloaded before getting on the road. Georgia law states that a driver must not operate a commercial motor vehicle that is loaded beyond its maximum weight capacity. If the driver knows or should reasonably know that their truck exceeds weight limits, they can be found negligent for driving an overloaded truck. The truck driver can face traffic citations, fines, and criminal charges for operating an overloaded vehicle. They may also be named personally in any civil lawsuits filed by injured accident victims.
The Trucking Company
Trucking companies have duties when it comes to preventing overloaded trucks. They are responsible for loading procedures and weighing trucks before they leave the terminal. The company should train and supervise drivers on load limits. If a pattern of overloading trucks is discovered, the trucking firm can be accused of negligent supervision and practices. Like drivers, trucking companies can face hefty fines and penalties if caught dispatching overloaded trucks. Accident victims often choose to sue the trucking company as they tend to have deeper pockets than individual drivers.
The Loading Company
In some cases, a separate warehouse or distribution center is responsible for loading cargo onto a truck. If the loading company is negligent and surpasses weight limits, they can share liability for an overloaded truck accident. For example, if a warehouse foreman insists on cramming too many pallets onto a trailer despite the driver’s protest, their actions could be found culpable. Facility loading dock workers must be careful not to overload trucks beyond legal limits.
Shippers/Brokers
Sometimes the party that arranged the cargo transport is sued after an overloaded truck crash. Shippers and brokers have a basic duty to avoid hiring carriers that break weight limit laws. If they turn a blind eye to a pattern of overloading trucks, the shipper may face some level of responsibility for overweight truck accidents. Plaintiffs often claim the shipper should have known the trucking firm routinely operated overloaded vehicles based on the amount/weight of cargo being shipped.
Manufacturers
Truck and trailer manufacturers can also be drawn into lawsuits if products they produce are found to be defective or not suited to handling overweight loads. For example, a truck manufacturer could be accused of negligence if its vehicle’s brakes or tires fail due to overloading. Trailer companies may also be targeted if their equipment buckles or malfunctions when carrying excess cargo.
Government Agencies
In rare cases, a government agency like the Georgia Department of Public Safety can share fault if they fail to address overloaded trucks. For instance, if the department is aware that a certain carrier constantly operates overloaded yet fails to intervene, their inaction could potentially create some liability in future accidents. However, government bodies are often protected by sovereign immunity laws that make them difficult to sue.
Determining Fault and Compensation
When an overloaded truck crashes in Georgia, insurance claims adjusters and lawyers will investigate which parties contributed to the overloading. Multiple defendants are often named in lawsuits and fault is apportioned between them. Those found most responsible for the overloading pay the lion’s share of any settlement or court verdict awarded to the injured victim(s). Damages in overloaded truck accident cases can include medical bills, lost wages, pain and suffering, and wrongful death damages when applicable.
An experienced truck accident attorney from The Brown Firm can help accident victims and families pursue maximum compensation if they are injured or impacted by a preventable crash caused by an illegally overloaded truck. Proving weight limit violations and overloading requires detailed evidence collection and expert analysis. By naming all negligent parties in a lawsuit and demonstrating their role in the overloading, victims can recover the compensation they deserve.
Visit one of our offices to discuss your case. The locations are as follows:
- 7176 Hodgson Memorial Drive, Savannah, GA 31405
- 320 East Clayton Street, Athens, GA 30601
- 197 14th St. NW, Suite 200, Atlanta, GA 30318
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