Every tractor-trailer on the road is significantly heavier than a standard car—often by several tons. Without any cargo, these trucks already pose a risk due to their size, and when fully loaded, their weight can exceed tens of thousands of pounds. This significant mass is enough to cause devastating damage in a collision.
Unfortunately, some trucking companies increase this risk by overloading their trucks beyond what they are designed or legally permitted to carry. If you’ve been injured in an accident caused by an overloaded truck in Lafayette, the trucking company may be held responsible for the crash and its consequences. It is important to consult a knowledgeable truck accident lawyer from Tomeny | Best to explore your legal options.
Holding a Trucking Company Accountable for an Overloaded Truck Accident
Federal law limits tractor-trailers to a gross vehicle weight rating—the total weight of the cab, trailer, and cargo—of 80,000 pounds for interstate travel. Louisiana has the same restrictions for in-state travel unless a company has a special permit. Any truck exceeding this limit is likely breaking the law, and the party responsible for allowing it on the road could be liable for any resulting accidents and injuries.
Trucking companies that allow overweight trucks on the roads often know they are violating the law. Unfortunately, these companies may also attempt to cover up their illegal actions by falsifying records such as cargo manifests or driver logs after an accident. Having a skilled lawyer on your side can make all the difference in uncovering these dishonest practices and building a strong case for compensation after an overloaded or overweight semi-truck wreck in Lafayette.
Getting Past Legal Obstacles to Recovery
In addition to proving the trucking company’s fault, an experienced Lafayette lawyer can help you navigate potential legal obstacles, such as comparative fault claims after an overloaded truck crash. Under Louisiana law, if you are found to be partially responsible for your injuries—whether by driving negligently or failing to mitigate your damages—the amount of compensation you can recover may be reduced based on your percentage of fault.
Additionally, Louisiana law places limits on the time you have to file a lawsuit after an accident. According to Louisiana Civil Code §3493.1, you generally have two years from the date of the accident to file a personal injury claim. However, for accidents that happened before July 1, 2024, the previous one-year deadline still applies. Speaking with a legal professional as soon as possible ensures you do not miss any critical deadlines.
Discuss Your Options With a Lafayette Attorney After an Overloaded/Overweight Truck Accident
Overloaded trucks are much harder to stop, more likely to tip over, and often cause serious structural or mechanical failures. Trucking companies have a duty to ensure their trucks are loaded safely, and when they fail to meet that responsibility, they should be held accountable.
Pursuing a lawsuit after an overloaded or overweight truck accident in Lafayette can be complex, but you do not have to navigate the legal process alone. The team at Tomeny | Best has the experience and resources to fight for the compensation you deserve. Call today for a free consultation.
