The Dangers of Overloaded Trucks: What Can Be Done? What Is Being Done?

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Although semi trucks are much less likely to be involved in an accident for every mile they drive than a passenger car, a semi truck accident is three times as likely to be fatal as an auto accident. And almost 80 % of the people killed in these accidents are in the other vehicle. What makes these vehicles so dangerous to others on the road? The greater weight of the truck makes it a death machine when it gets out of control. And the trucks get even deadlier when they are overloaded beyond the rated capacity of the truck and the road or bridge.

Dangers of Overloaded Trucks

Overloaded trucks are much more likely to be involved in accidents, because:

· Increased weight means the truck cannot stop as quickly
· Greater weight puts more stress on brakes, increasing the likelihood of failure
· Greater weight stresses tires, which are rated for specific weights, increasing the likelihood of tire blowout accidents
· Overloaded trucks can get out of control going downhill
· Overloaded trucks slow suddenly on hills causing danger to following vehicles at blind corners
· Overloaded trucks have a high center of gravity, making them more likely to tip during wind gusts or when steering
· Overloaded trucks have a more rearward center of gravity, taking weight off steering wheels, leading to poor steering
· Overweight trucks can damage roadways, leading to the unexpected collapse of bridges, such as the I-35 bridge in Minnesota

Despite these dangers to every other driver on the road, an implicit conspiracy persists between trucking companies, drivers, loaders, and the government to keep overloaded trucks on the road. The only way to stop this conspiracy is to make all those responsible pay for their actions.

Truck Weight Regulations

Federal Motor Carrier Safety Administration (FMCSA) regulations limit the total weight for commercial vehicles to 20,000 pounds per axle, or 34,000 pounds per pair of tandem axles, up to a limit of 80,000 pounds total. This load should be evenly distributed throughout the length of the trailer. The driver is responsible for ensuring this, and must perform an inspection prior to driving. However, many drivers find themselves pressed for time by the unrealistic schedules imposed by shipping companies, and perform a cursory inspection if any at all. Because poorly secured or distributed cargo has been responsible for many fatal accidents, the FMCSA has launched a Cargo Securement Safety Initiative.

In addition, state laws regulate the movement of large trucks on roads either than interstates and are supposed to deny the movement of trucks over designated bridges if they submit the rationale to the federal government.

Enforcing Weights

To keep overweight trucks off the road, weigh stations are set up at state lines and at random intervals throughout a state. In addition, many states, such as South Carolina, allow state patrol officers to stop any vehicle they believe might be overweight or have improperly loaded cargo. These weigh stations are in place to protect against overloaded trucks and illegal or falsely reported cargo. They also check the driver's log to see if the driver is complying with Hours of Service laws that keep fatigued drivers off the road.

However, weigh stations are often ineffective because:

· States often issue a ticket rather than stopping or unloading an overweight truck. For example, in 2006 South Carolina issued over 11,000 citations for overweight trucks, but only 243 were forced to offload, meaning that the majority of overloaded trucks were simply allowed back on the road.
· Trucking companies can apply for overweight permits online and receive immediate approval with little oversight.
· Some regulations simply not enforced. South Carolina issued no citations for bridge formula violations in 2006.
· Drivers are encouraged to forge log books
· Weight stations are often closed or unmanned

Lax enforcement allows trucking companies to get away with violating the law, putting you in danger. If the law will not keep dangerous overloaded trucks off the road, what can be done? Trucking companies will continue to do it as long as their profits outweigh the cost of injuries to you and your family. To make trucking companies make safety a priority, we have to make accidents too costly.

Contact McWhirter, Bellinger, and Associates, P.A. to consult with an experienced truck accident attorney who can make the trucking companies pay dearly for each accident.

by Patricia Woloch



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