Kansas City Overloaded Trucks Lawyers
Accomplished representation when truck cargo shifts or spills
Many trucking companies overload their trucks so that they can make fewer trips. When trucking companies place their profits ahead of your safety, our Kansas City overloaded truck lawyers file personal injury claims against these irresponsible trucking companies. At Kansas City Accident Injury Attorneys, our lawyers understand the laws and truck industry standards that govern how truck cargo should be loaded and the maximum allowable cargo weight. Overloaded cargo increases the risk that a truck driver will lose control of their truck. Overloaded cargo increases the risk that some of the cargo will spill onto the highway. Our truck accident lawyers have 30 years of experience holding truck drivers and trucking companies accountable for your injuries and the deaths of loved ones. Call us for help now.
What laws govern loading trucks in Kansas City?
Several federal agencies such as the Occupational Safety and Health Administration (OSHA), the Federal Motor Carrier Safety Administration (FMCSA), and the US Department of Transportation (USDOT) regulate the proper loading of truck cargo.
The US DOT defines load securement as “a blanket term covering all the factors you need to consider if your fleets transport heavy loads or pieces of equipment.” Securing devices include chains, ropes, clamps, hooks, shackles, friction mats, webbing, and other materials. The securement of cargo includes considering the proper working load limits for each type of truck.
A few overload considerations include:
- Dimensions of vehicle + load. “DOT loading regulations are based on knowing the precise dimensions of the equipment you are transporting. There must be no overhang once the trailer is loaded, and drivers should have clear visibility on all sides of the vehicle.”
- Weight of vehicle + load. “The exact weight of your vehicle and the equipment you are transporting must be known entities.” Without this data, trucking companies can’t accurately assess whether the weight of the truck and the weight of the load exceeds the gross combined weight rating (GCWR).
- Capacity of your trailer. Each truck must be “sturdy and capable of holding the weight of the cargo.”
There are also DOT rules for the number and type of tie-downs.
There are specific regulations for securing and transporting the following commodities:
- Large boulders
- Logs
- Paper rolls
- Concrete pipes
- Dressed lumber
- Metal coils
- Intermodal containers
- Roll-on/roll-off containers
- Automobiles, light trucks, and vans
- Heavy vehicles, equipment, and machinery
- Flattened or crushed vehicles
In Missouri, there are many rules for the length, width, height, and weight of trucks. There are also rules for how much weight there should be on each truck axle.
In Kansas, there are also many laws that govern the weight, dimensions, and safety of trucks.
What are the dangers of overloading trucks?
There are two fundamental dangers of overloaded trucks.
- Loss of control. An overloaded truck can cause the driver to lose control as the cargo shifts or moves. Overloaded trucks directly affect the ability of Missouri or Kansas truck drivers to stop their trucks because overloaded trucks require more stopping distance and time to stop.
- Cargo spills. Cargo that is overloaded can easily spill onto the highway. Solids can directly damage other vehicles on the road. Spilled liquids and gasses can make the roads treacherous. Truck spills often create havoc and multiple collisions, as any cars, trucks, or other vehicles near the spill collide with each other or roadside obstacles in order to try to avoid the spills.
Some of the signs of overloaded trucks are:
- The rear of the truck sags
- Wide tire tracks
- Bulging tires
- Uneven wear and tear
- Strain on the suspension of a truck
What types of accidents do overloaded trucks cause?
If trucks are overloaded, the truck driver can be involved in:
- Truck rollover accidents. These accidents can occur because the cargo makes the trucks more top-heavy.
- Vision accidents. Overloaded cargo can make it more difficult to see through blind spots, even with the latest technology. Backing out onto the highway is also more dangerous if a truck is overloaded.
- Rear-end accidents. Overloaded trucks require more time and distance to stop.
- Tire-blowouts. The heavier a truck is, the more pressure the truck places on each tire, which increases the risk of tire blowout When a tire blows out, the truck can easily lose control.
- Other types of accidents. These include jackknives, overpass accidents, and turning accidents.
Who is responsible when overloaded trucks cause accidents in Kansas City?
At Kansas City Accident Injury Attorneys, we have the experience (more than 30 years of personal injury advocacy) and working relationships (with investigators, traffic reconstruction experts, and truck safety professionals) to hold all responsible parties accountable for the injuries and deaths they cause.
We file truck accident claims against:
- The truck driver. Even though drivers usually aren’t involved in the loading of their trucks, they should understand what factors indicate that their trucks have been overloaded. They should take appropriate steps, including being extra cautious and requesting that the truck be reloaded in a safer manner.
- The truck driver’s employer. Generally, employers are responsible for the negligent acts of their employees.
- The owner of the truck. The fleet or smaller owner of every type of truck has the responsibility for ensuring that their trucks aren’t overloaded and that the cargo is properly secured.
- The companies involved in the shipment. These include the company requesting the delivery, the broker who arranges the shipment, the loading companies, and other truck shipment companies.
- Manufacturers. The manufacturers of loading equipment may be liable if their defective products fail to properly secure the cargo.
Do you have a Kansas City overloaded truck lawyer near me?
Kansas City Accident Injury Attorneys has eight offices in Missouri and Kansas. Our main office in Kansas City is located at 510 Walnut Street, Suite 100; near City Hall. However, our lawyers meet clients away from the office if their injuries make traveling difficult. We also consult with clients and families by phone and through online conversations. Our truck accident lawyers are prepared to answer your questions and explain how each step of the claims process works.
Speak with an experienced Kansas City truck accident lawyer today
There’s nothing scarier than seeing flying inventory and debris headed straight for your moving car – unless it’s a truck driver who has lost control of their truck because the cargo shifted. At Kansas City Accident Injury Attorneys, we have the skill and working relationships with truck industry professionals to show that cargo was overloaded and that the overload caused your accident. To schedule a free consultation, please call us or submit our contact form. We represent clients throughout Missouri and Kansas.