Tractor-Trailer Accident Cases: Do Not Overlook the Tractor-Trailer That Exceeds the Maximum Weight Limit
In an effort to haul as much materials or cargo as possible, tractor-trailers often are loaded to their maximum capacity. The massive size and weight of such tractor-trailers present unique issues when they are involved in collisions with other vehicles. For example, fully loaded or over-loaded tractor-trailers: (1) require long stopping distances; (2) are difficult to control when traveling downhill; (3) can put undue stress on brakes, causing bake failure; and (4) are more prone to roll-overs. The trial lawyer handling an injury or death case in a tractor-trailer collision should pay particular attention to the size and weight of the tractor-trailer and determine if the tractor-trailer is in violation of the maximum weight limits.Each state has its own size and weight restrictions for trucks. In virtually every state, the maximum weight limit for tractor-trailers is 80,000 pounds. In Virginia, the weight limitations of trucks are not to exceed the weights listed in Va. Code Section 46.2-1126, computed for certain distances between the first and last axle of the vehicle and for any two or more consecutive axles. This statute provides a comprehensive table with the various weight limits. Va. Code Section 46.2-1127, among other things, limits the gross weight for tractor-trailers traveling on interstate highways to 80,000 pounds. Va. Code Section 46.2-1128 provides for overweight permits for trucks, up to 84,000 pounds for tractor-trailers. However, such overload permits are only valid on Virginia state roads and not interstate highways.In cases in which the tractor-trailer is in violation of the maximum weight limit and such violation contributed to the crash, the trial lawyer handling such a case may include a count of negligence per se. Additionally, such a violation may provide a basis to establish liability of the shipper who knowingly overloaded the tractor-trailer with its materials. The trial lawyer should routinely propound discovery requests designed to ascertain if there was a weight limit violation, including requests or subpoenas for the loading records, weight tickets, and weight records. Such discovery may indeed result in powerful evidence for the injured victim.Written by Irvin CantorCantor Stoneburner Ford Grana & Buckner7130 Glen Forest DriveSuite 400Richmond VA 232261-800-648-1488virginiatrialfirm.comIcantor@virginiatrialfirm.com
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10.3.13 In an effort to haul as much materials or cargo as possible, tractor-trailers often are loaded to their maximum capacity. The massive size and weight of such tractor-trailers present unique issues when they are involved in collisions with other vehicles. For example, fully loaded or overloaded tractor-trailers: (1) require long stopping distances; (2) are difficult to control when traveling downhill; (3) can put undue stress on brakes, causing bake failure; and (4) are more prone to roll-overs. The trial lawyer handling an injury or death case in a tractor-trailer collision should pay particular attention to the size and weight of the tractor-trailer and determine if the tractor-trailer is in violation of the maximum weight limits. Each state has its own size and weight restrictions for trucks. In virtually every state, the maximum weight limit for tractor-trailers is 80,000 pounds. In Virginia, the weight limitations of trucks are not to exceed the weights listed in Va. Code Section 46.2-1126, computed for certain distances between the first and last axle of the vehicle and for any two or more consecutive axles. This statute provides a comprehensive table with the various weight limits. Va. Code Section 46.2-1127, among other things, limits the gross weight for tractor-trailers traveling on interstate highways to 80,000 pounds. Va. Code Section 46.2-1128 provides for overweight permits for trucks, up to 84,000 pounds for tractor-trailers. However, such overload permits are only valid on Virginia state roads and not interstate highways. In cases in which the tractor-trailer is in violation of the maximum weight limit and such violation contributed to the crash, the trial lawyer handling such a case may include a count of negligence per se. Additionally, such a violation may provide a basis to establish liability of the shipper who knowingly overloaded the tractor-trailer with its materials. The trial lawyer should routinely propound discovery requests designed to ascertain if there was a weight limit violation, including requests or subpoenas for the loading records, weight tickets, and weight records. Such discovery may indeed result in powerful evidence for the injured victim. Written by Irvin Cantor Cantor Stoneburner Ford Grana & Buckner 7130 Glen Forest Drive Suite 400 Richmond VA 23226 1-800-648-1488 virginiatrialfirm.com [email protected]
