Semi-trucks are essential to the economy and our ability to get the items we desire nationwide. However, vehicles that move large quantities of items simultaneously can create dangerous circumstances in collisions. As a result, state and federal laws impose dimensional and weight restrictions. If you were injured in an accident with an overloaded truck, call our New York overweight load lawyers today to discuss possible financial compensation for your losses.
A truck violating mandated weight and size limits puts people at risk of serious injury and can even cause fatalities.
If you have been injured in a collision caused by an overweight commercial motor vehicle (CMV), the
New York Truck Accident Lawyers of
Hach & Rose, LLP are here to help. Our skill and knowledge are reflected in our track record of getting clients the compensation and justice they deserve. To preserve your rights, contact
Hach & Rose, LLP by calling us at
212-779-0057 or reach us through our
online form.
What Is an Overweight Truck Load?
In New York, the maximum weight for a CMV is 80,000 pounds, which includes the weight of the vehicle and cargo. Any vehicle exceeding this limit is considered overweight and may be subject to fines and other penalties.
Common Causes of Overweight Truck Loads in New York
The causes of overweight truck loads vary, but they often stem from the desire to maximize profits by carrying as much cargo as possible in a single trip. Some common causes of overweight truckloads include:
- Cargo companies: Some customers may request that more cargo be transported than legally allowed. In some cases, trucking companies may overload their trucks to meet the demands of their customers and maximize profits.
- Lack of understanding: When there is a lack of understanding, drivers may unintentionally overload their vehicles.
- Lack of proper equipment: Some trucking companies may not have the equipment necessary to weigh their trucks accurately.
- Insufficient logistic planning: Trucks often drop off and pick up items in several locations. If these routes and loads are not planned properly, overweight truck loads can result.
- Infrastructure limitations: Some roads and bridges may have lower weight limits because of their infrastructure. As a result, drivers must understand the weight limits along their routes and find alternate routes as required, or they risk having an overweight truckload.
Laws Concerning Truck Weight
In
New York, the weight limit for a truck depends on the number of axles it has. For example, if a truck has only one axle, the weight limit is 22,400 pounds. However, if a truck has three or more axles, the weight limit is 34,000 pounds, plus 1,000 for every foot of distance between the first and final axles. Therefore, the maximum weight for any truck is 80,000 pounds.
In some cases, overweight loads may be permitted for certain types of cargo or under certain circumstances. Typically, states will not permit overweight loads if they can be split into smaller loads to fit within the standard weight limitations.
Many states have weigh stations along the highways to enforce the weight limits. As a result, drivers and trucking companies must understand and comply with weight limits to avoid fines and penalties and ensure road safety.
Consequences of Overweight Vehicles
An overweight truck creates several negative consequences, including:
- Damage to roadways, bridges, and overpasses may require expensive repairs or poor roads that harm other drivers by creating hazards
- Increased likelihood of causing a serious collision because overweight vehicles are more difficult to control
New York imposes penalties to reduce the likelihood that trucking companies would allow their vehicle to be overloaded. When a truck is overweight in New York, the owner of the vehicle will be
fined depending on how overweight the vehicle is:
- $150 if the weight is 2 percent or less over the limit
- $300 if the weight is between 2 and 4 percent over the limit
- $450 if the weight is between 4 and 6 percent over the limit
- $525 if the weight is between 6 and 7 percent over the limit
- $600 if the weight is between 7 and 8 percent over the limit
- $750 if the weight is between 8 and 10 percent over the limit
- $950 if the weight is between 10 and 12 percent over the limit
- $1,150 if the weight is between 12 and 14 percent over the limit
- $1,350 if the weight is between 14 and 16 percent over the limit
- $1,550 if the weight is between 16 and 18 percent over the limit
- $1,750 if the weight is between 18 and 20 percent over the limit
- $1,950 if the weight is between 20 and 22 percent over the limit
- $2,150 if the weight is between 22 and 24 percent over the limit
- $2,350 if the weight is between 24 and 26 percent over the limit
- $2,550 if the weight is between 26 and 28 percent over the limit
- $2,750 if the weight is between 28 and 30 percent over the limit
- $2,950 if the weight is between 30 and 32 percent over the limit
- $3,150 if the weight is between 32 and 34 percent over the limit
- $3,350 if the weight is between 34 and 36 percent over the limit
- $3,550 if the weight is between 36 and 38 percent over the limit
- $3,750 if the weight is between 38 and 40 percent over the limit
- $3,750 if the weight is 40 percent over the limit, plus $125 for each percent over 40 percent overweight
Under this penalty structure, if the maximum weight of a vehicle is 40,000 pounds and it is 50 percent overweight, the owner could face a fine of $5,000.
Additionally, when a truck is overloaded, and the overloading leads to a truck accident, both the driver and the trucking company may be responsible for the injuries caused. If you were injured in a collision caused by an overweight CMV, you deserve compensation, such as:
- Medical expenses
- Lost wages
- Reduced capacity to earn
- Diminished enjoyment of life
- Pain and suffering
- Mental anguish
This compensation may be sought through an insurance claim with the trucking company’s insurance carrier. You could also recover money through a personal injury lawsuit against the driver and trucking company if you cannot reach an appropriate settlement with the insurance company.
If an overweight truck caused an accident that injured you, you deserve justice for the careless behavior that allowed the overloading to occur. The
New York truck accident lawyers of
Hach & Rose, LLP have experience handling cases related to commercial motor vehicle collisions and are ready to help you. Contact us today for a free consultation to discuss your legal options and ensure your rights are preserved. Call us at
212-779-0057 or
fill out our online contact form.