Transporting overweight cargo is a serious problem in the commercial trucking industry. Despite federal and state weight restrictions, overloaded and overweight truck accidents in Lima continue to cause motorists to suffer personal injuries.
If you have been involved in this type of accident, do not hesitate to speak with a lawyer. A determined truck accident attorney could investigate the incident that led to your injuries and build a strong claim against the negligent parties.
Federal Restrictions on Overweight Cargo
When truck operators carry excess weight, they are more likely to be involved in serious accidents. An overweight tractor-trailer can be difficult to maneuver, causing drivers to tip over or have trouble braking. This is especially dangerous when approaching intersections or sharp turns.
Additionally, higher speeds on the interstate could amplify the injuries and damages that may result from a crash.
Due to the clear dangers of driving an overweight vehicle, there are strict laws regarding how much cargo a commercial tractor-trailer driver can carry. Federal guidelines state that commercial vehicles can weigh no more than 80,000 pounds.
If a truck company allows its drivers to transport excess cargo, they could be liable for a resulting crash. A local attorney could initiate an investigation to determine if the truck that crashed into you was transporting overweight goods.
Relevant Evidence in an Overloaded Trailer Case
When filing a truck wreck case, it is important to gather evidence to prove the other party’s negligence. This may include a copy of the police report, photos from the scene of the accident, or witness statements from other drivers or vehicle inspectors.
You will also have to produce evidence of the damages you have suffered. Documentation such as medical records, bills, and paystubs may be important when calculating economic losses.
An attorney with experience dealing with overloaded truck accidents could help you gather the necessary evidence to support your claim.
Time Limit for Filing Truck Accident Claims in Lima
Anyone who has been injured in an overweight tractor-trailer accident should act quickly, as there is a time limit for filing a claim. The statute of limitations outlines the deadline for filing a personal injury lawsuit against liable parties.
Under Ohio Revised Code § 2305.10, you must file a lawsuit within two years of the truck accident. Waiting too long to begin a claim could jeopardize your chance of recovering damages.
There are some exceptions to the statute of limitations for accidents involving minors or deceased persons. A child who sustained injuries in an accident due to overweight cargo does not have to file a claim until the date of their 20th birthday.
Additionally, if an injured party dies from injuries sustained in a truck crash, the family must file within two years of their death. Whether you are the injured party or the family member of a deceased accident victim, it is best to speak with an overloaded truck accident lawyer soon to avoid missing the filing deadline.
Contact an Overloaded/Overweight Truck Accident Attorney Today
If you have been involved in an overloaded or overweight truck accident in Lima, you might be able to receive compensation from the people responsible for the crash. An attorney at Charles E. Boyk Law Offices could evaluate the various factors that lead to the collision and help you outline your next steps. Call us today to schedule a confidential case consultation.