Suing After an Accident Caused by an Overloaded Commercial Truck in Seguin | Texas Attorneys

An overloaded truck is a hazard on roads, as the tractor-trailer combo can only safely carry a certain size and weight. Negligent trucking companies or drivers may overload a vehicle to increase profits, but doing so puts the public at risk of a severe accident. Victims in Seguin, Texas, can sue for compensation for injuries by hiring a lawyer to negotiate a settlement or, if needed, take liable parties to court.

Call the Seguin truck accident attorneys at Carabin Shaw to set up a free case review. Our toll-free number is 1-800-862-1260, or you can contact us online for more information. To find out more about the maximized settlements we’ve negotiated, read our law firm’s client reviews.

According to the Texas Department of Motor Vehicles (TxDMV), the gross weight of a commercial truck cannot exceed 80,000 pounds without a special permit. This is consistent with national laws set by the Federal Motor Carrier Safety Administration. Truck drivers who need to carry heavier loads in Seguin, Texas, must apply for an oversize/overweight permit.

The reason for weight and size restrictions on commercial vehicles is safety. In 2024, there were 39,393 reported commercial vehicle accidents in Texas. Overloaded trucks are more likely to experience brake or tire failure. They may roll over because of shifting or unsecured loads. Finally, their stopping distance is longer than that of light rigs, making an overloaded truck accident more likely.

While a truck driver may receive fines for exceeding weight restrictions, their negligence can also make them liable for damages in a truck accident lawsuit in Texas. Negligence is a breach of a driver’s duty of care that causes another party to incur damages. The weight of a vehicle may cause an accident, such as in load shifts or brake failure. It may also contribute to damages in an accident where another person caused the crash.

A truck accident lawyer in Seguin TX may file a lawsuit against a truck driver, but the employer of the truck driver may also be liable for injuries under the legal doctrine of respondeat superior. This is a form of liability that employers have for their employees’ actions when those actions are within the scope of employment. Some truck drivers are independent contractors, and your lawyer will evaluate the employment relationship of the driver and the associated company to determine who to file a claim against.

The damages from a commercial truck accident with an overloaded trailer may be severe. Things like brake failure or blown tires can send massive loads careening into other vehicles. Even a small fender bender can become deadly because of the force behind a big rig. A Texas commercial truck accident lawyer can help you sue for the following damages:

• Current and future medical bills
• Loss of income and benefits
• Property damage
• Pain and suffering
• Mental anguish
• Disability
• Disfigurement
• Other costs related to the wreck

It is important to account for all economic and non-economic damages, so you can create a fair claim and receive a proper settlement amount. Your lawyer may calculate the value of noneconomic damages by using a multiplier of economic damages or another formula to ensure you demand fair injury compensation. If your case goes to court and the court establishes gross negligence for extreme recklessness or repeated violations, you may also receive punitive damages.

An attorney can help the family members or the estate of a deceased victim to file a wrongful death or survival claim. If you think you have cause for a personal injury case, please contact Carabin Shaw. There’s no cost for a consultation, and you pay nothing unless we win your case.

Financial recovery doesn’t heal all injuries or bring back a loved one, but it can alleviate some of the hardships that accompany these tragedies. Speaking with an attorney at Carabin Shaw can clarify your legal options, so you get the compensation you deserve and hold trucking companies responsible for their negligence.

Call toll-free at 1-800-862-1260 or contact us online to set up a free consultation and speak with one of our English- or Spanish-speaking staff members, available 24/7.

For more information:

• Texas Department of Motor Vehicles
• Texas Department of Transportation
• Civil Practice and Remedies Code 72