Both the state and federal governments have strict requirements regarding the acceptable load size for a large truck. Trucks that exceed those limits are known as overweight or overloaded trucks. Overloaded trucks are a danger to everyone on the road. They are more challenging to stop, harder to control, and more susceptible to rollovers and jackknife accidents. Plus, truckers and companies that intentionally overload their vehicles may be more likely to ignore other safety standards.
As a victim in a truck wreck, it can be impossible to determine whether a truck was overweight at the time of an accident. That information may not become available until after the collision when law enforcement or an attorney investigates the cause of the wreck. If overloading a truck contributed to the accident, you may be entitled to significant damages for your injuries. An attorney who handles overloaded/overweight truck accidents in Nashville can help you explore your legal rights and options.
Most commercial truckers must comply with federal regulations as well as state regulations. 23 Code of Federal Regulations § 658.17 uses a bridge gross weight formula to determine the specific permitted weight for a vehicle based on information like the number of axles.
While a lawyer handling a Nashville overloaded/overweight truck crash may use that formula to establish that a truck was overloaded, truckers do not need to know that formula to comply with federal rules. Instead, they can look at the same statute’s general guidelines, which limit:
In some instances, a state might issue a permit for a truck to carry an overweight load. However, there are no federal permits for overweight loads. A state permit will mean that the trucker is not violating the law. However, it does remove the risks of an overweight load. Even when permitted, these trucks are more likely to wreck and more likely to cause severe damages in the event of a collision.
Tennessee generally follows federal guidelines regarding maximum load weights for trucks. Tennessee Code Annotated § 55-7-201 outlines the upper limits for height and weight. Trucks should not be more than 45 feet in length or 65 feet including an attached trailer, making 65 feet the absolute maximum truck length. This may include items on trailers—if they exceed the absolute length of the trailer, then they need an oversized load permit. The exception is if the cargo consists of poles, logs, or timber pieces. In those instances, the length is limited to 75 feet.
In addition to length, the state limits width and height. Trailers cannot be wider than 8 feet or taller than 13.5 feet. The limitation is for trucks on the highway and does not necessarily apply to trucks on other roadways. Additionally, the law explicitly excludes farm tractors and farm machinery.
Finally, the law discusses the permissible weight for a truck. The weight requirements are the same as the federal weight requirements. However, while the federal rules look specifically at absolute maximums, the state says that the maximum weight must be the lesser of 80,000 pounds or a formula-derived number. So, it is possible for a truck that weighs less than 80,000 pounds to be overloaded or overweight in a Nashville collision.
In many 18-wheeler crashes, the trucker has primary responsibility for the accident. After all, driver negligence contributes to most wrecks. However, in an overweight truck accident, several parties may be liable. In addition to the trucker, the loading company and the employer may share liability for the accident.
When a truck is overweight, it comes with unique risks. It takes longer to brake and slow down and is at a higher risk of becoming runaway. The excessive weight also makes it more challenging to steer, which can contribute to a higher risk of jackknife collisions and rollovers. Of course, its heavier weight also means that it will cause more damage in the event of an overloaded truck wreck in Nashville.
After being involved in a crash with a heavy commercial vehicle, you may wonder about your possible remedies. Those available remedies depend on the cause of the wreck. In overloaded/overweight truck accidents in Nashville, multiple parties are often responsible for the damages, opening up the potential for damage awards. Schedule a consultation with an experienced lawyer at Ponce Law to learn more.