• >
  • Videos
  • >
  • Truck Accidents Caused by Overweight/Improperly Loading
Auto Accidents, New York, Personal Injury
Truck Accidents Caused by Overweight/Improperly Loading
Uploaded on: Jun 14, 2022
|
Duration: 2.5 Min

Video Description

We’ve all experienced the uncertainty of sharing the road with large trucks. Non-commercial vehicles simply aren’t equipped to deal with things like cargo falling into the roadway or a collision with a swerving tractor-trailer. Truck accidents involving these sorts of hazards happen all too frequently, leaving destruction in their wake.

WHAT ARE OVERLOADING AND IMPROPER LOADING?

Two common causes of truck accidents are overloading and improper loading. Overloading is when a truck carries more weight than it can handle. This can cause the driver to lose control or the truck to tip over or fold into itself, which is known as jackknifing. Improper loading is when cargo is secured improperly or is unevenly distributed in the trailer. This also causes drivers to lose control and has the added risk of cargo falling into the roadway.

Thankfully, the law recognizes these dangers. Both state and federal laws regulate trucking cargo, so when these laws are broken and cause an accident, it can form the basis of a lawsuit. 

FILING A LAWSUIT

Drivers considering a lawsuit should first understand New York’s lawsuit threshold. New York is a no-fault state. This basically means New York wants insured drivers to first turn to their own no-fault insurance benefits and only pursue a lawsuit if it’s absolutely necessary. The lawsuit threshold defines this necessity as:

  • Having a sufficiently serious injury
  • Being uninsured
  • Having covered expenses exceeding $50,000 dollars
  • Sustaining injuries resulting in death

Drivers should also know that holding the responsible party liable is possible, but challenging. 

First, many parties can be held responsible if an improperly loaded or overloaded cargo causes an accident, including:

  • Truck owner
  • Trucking company
  • Driver
  • Merchants shipping or receiving the goods

Second, there are laws that formally require these parties to follow specific rules. This creates an objective basis for showing someone did something wrong. For example, a New York state law says the maximum weight for a single-axle truck is twenty-thousand, four-hundred pounds. If a truck heavier than this causes an accident, the fact that the truck was allowed to travel at this weight establishes someone’s wrongdoing.

Third, there are many potential sources of evidence. Records of cargo weight are usually kept by the merchants, the trucking company, and the truck driver. Records are also created when trucks stop at weigh stations. 

Winning these types of cases  is challenging. It isn’t always apparent who should actually be sued. Moreover, the web of state and federal laws restricting truck cargo can be very difficult to interpret. Finally, gathering evidence is a monumental task, requiring significant resources and know-how.

At Rosenblum Law, we have spent decades fighting and winning these types of cases. Our unrivaled experience and extensive resources make us an invaluable tool to drivers hoping to be fully compensated for their injuries. If you or a loved one has been involved in a truck accident caused by overloading or improper loading, contact us today for a free, no-obligation consultation.

Why Choose Rosenblum Law?

100+ Years of combined legal experience
No Upfront cost if we handle your case
Experienced, Trusted lawyers with proven results.
Get A Free Consultation Today

Other Related videos

Expungement, New York
2.5 Min
Sealing A Criminal Record In New York

Having a criminal record makes life harder. It can impact your ability to find housing or a job, receive financial aid, and much more. Fortunately, the state of New York makes it possible to seal your criminal record, which makes your record unavailable to anyone except certain legal officials. Basically, once your record is sealed, it’s like you don’t have one at all.

When can I have my record sealed?

New York law imposes some conditions on people who want their records sealed. While records of arrests that don’t lead to a conviction or convictions for minor offenses are sealed automatically, sealing the record of more serious convictions involves a process. Convictions for a few major crimes, like murder, sexual misconduct, or arson, can’t be sealed.

However, if it’s been more than ten years since you were last convicted or incarcerated, you have fewer than two convictions on your record, and your convictions aren’t on the prohibited list, you can apply to seal your record. Even if you have more than two convictions, you might still be eligible to have your record sealed as long as the convictions weren’t based on more than two incidents. Both misdemeanor and felony convictions can be sealed.

What do I have to do to seal my record?

To seal your record, you have to submit an application to the court that presided over your conviction and the district attorney’s office that prosecuted you. The application must contain the Certificates of Disposition for your convictions and a list of reasons why the conviction should be sealed.

Should I hire a lawyer to help me seal my record?

It’s a very good idea to have a lawyer help you with this process. Record sealing isn’t automatic; the judge can summarily deny your application, and even if he doesn’t, there will be a hearing with the district attorney. Some district attorneys work hard to make sure criminal records don’t get sealed. They’re trained lawyers with a lot of experience, and you don’t want to face them alone. For the best chance at getting your record sealed, you should hire an attorney who’s an expert at having records sealed. We can advocate for you and make sure your arguments are strong enough to persuade the judge and the DA that you deserve to have your record sealed.

What happens when my record is sealed?

When your record is sealed, files related to your conviction only become available to certain legal authorities. That means employers, landlords, and lenders can’t see it, and you can get on with your life. Contact Rosenblum Law for a free consultation about record sealing.

Learn More
Criminal Defense, New York
2.5 Min
Leaving the Scene of an Accident in New York

Car accidents can be frightening, and many people react by leaving the scene before exchanging contact and insurance information. However, in New York, this can lead to a moving violation or even criminal charges. If you’re facing charges for leaving the scene, find a lawyer to represent you.

What should I do if I’m in a car accident?

If you’re involved in an accident with another car, the law requires you to exchange driver’s license and insurance information with the other driver. If the other car was parked and there is no other driver, you need to leave a note with your information. If anyone was injured in the accident, you need to report the accident to the police. However, don’t admit fault or even imply you were at fault; things you say at an accident scene can be used against you in court.

What are the penalties for leaving the scene without sharing information?

The penalties for leaving the scene without sharing information vary based on the severity of the accident. If there was only property damage, leaving the scene will result in 3 points on your driver’s license, a surcharge of $88 to $93 dollars, a fine of up to $250, and potentially 15 days in jail. As in any traffic offense, a conviction can also lead to an increase in your car insurance premiums.

If anyone was injured, the charge is much more serious. Leaving the scene when there are injuries is a criminal charge. On top of the normal penalties for leaving the scene, you’d face up to $5,000 in fines, up to a year in jail, and suspension of your license for a year. Plus, because it’s a criminal charge, conviction means a criminal record that will make it harder for you to find a job, housing, or credit. So, if you’re facing a charge for leaving the scene, get a lawyer, because the consequences can be very serious.

How do I beat charges for leaving the scene?

The best defense depends on the specifics of your case. For minor accidents, like backing into a parked car, we might be able to argue that you didn’t know you were in an accident at all. If the prosecutor’s case depends on something you said to the police, we might be able to get the statement thrown out if the police didn’t read you your Miranda rights. 

What should I do if I’m charged with leaving the scene?

If you’ve been charged with leaving the scene of an accident, contact Rosenblum Law today. Our traffic attorneys are experienced in dealing with leaving the scene charges, and we’ll be able to help find the best option for your case.

Learn More
See All Videos