Collisions involving overloaded trucks can cause devastating injuries and financial strain. Marc has successfully won thousands of cases for his clients, and together with his co-founder, Glen Levine, they have recovered over $450 million in settlements and verdicts.
At Anidjar & Levine, we represent drivers, passengers, motorcyclists, cyclists, and pedestrians injured in crashes caused by overweight or poorly loaded trucks. From excess weight violations to shifting cargo accidents, our overloaded truck accident lawyers in Brevard County create tailored legal strategies.
Call today for a free consultation. Our Brevard County truck accident lawyer is ready to assist you.
The Dangers of Overloaded Trucks on Florida Roads
Overloaded trucks pose serious risks due to their reduced maneuverability and increased stopping distances. Excess weight can strain braking systems, cause tire blowouts, and make trucks more prone to rollovers, especially on curves, ramps, or steep grades.
On highways like I-95 or local roads like SR-528, these risks are even greater during sudden lane changes or emergency maneuvers. Shifting or poorly secured cargo can lead to jackknifes, trailer sway, or multi-vehicle pileups.
Florida law and federal regulations are designed to prevent these hazards by limiting truck weight and requiring proper cargo securement. When carriers or drivers ignore these rules, it puts everyone on the road at risk.
Identifying Liability in Overloaded Truck Accidents
Responsibility for an overloaded truck accident may lie with multiple parties, including:
- The trucking company: For allowing overweight loads, failing to maintain vehicles, or pressuring drivers to skip weigh stations.
- Truck drivers: For accepting unsafe loads, inadequate inspections, or negligent driving.
- Shippers or loaders: For improperly securing or distributing cargo or misrepresenting weight on bills of lading.
- Maintenance providers: For failing to address brake wear, tire issues, or other critical repairs.
- Manufacturers: For defects in tires, brakes, or other components that contributed to the crash.
Our Brevard County personal injury lawyers investigate each case thoroughly to determine who is responsible, reviewing weigh tickets, trip logs, and maintenance records to establish liability.
Steps to Take After a Truck Accident
After a truck accident, protecting your health and legal rights should be your priority. Here’s what you should do:
- Seek medical attention immediately: Even if injuries don’t feel severe, some conditions may worsen over time.
- Report the accident to the police: Request a copy of the crash report for your records.
- Document the scene: Take photos or videos of the vehicles, road conditions, and any visible cargo spills.
- Gather witness information: Collect contact details for anyone who saw the accident.
- Avoid recorded statements: Do not provide statements to insurance adjusters until you speak with a lawyer.
- Preserve evidence: Keep all medical records, receipts, and your damaged vehicle intact for inspection.
Our team of Brevard County overloaded truck accident attorneys can assist with these steps and guide you through the legal process.
Types of Evidence Used in Overloaded Truck Cases
Building a strong case requires gathering evidence that ties the truck’s excess weight or improperly secured cargo to the crash. Key evidence includes:
- Electronic control module (ECM) data: Shows speed, braking, and performance data.
- Dashcam footage: Provides visuals of the collision and events leading up to it.
- Weigh station records: Confirms whether the truck exceeded legal weight limits.
- Bills of lading and trip documents: Reveals cargo details and loading practices.
- Inspection and maintenance records: Confirms whether the truck was properly maintained.
Additional evidence, such as photos of the crash scene, witness statements, and police reports, helps establish the full picture.
Compensation Available After an Overloaded Truck Accident
Victims of overloaded truck accidents may recover damages for both economic and non-economic losses. The compensation available depends on the severity of your injuries and how the crash has impacted your life.
Recoverable damages may include:
- Medical expenses: Emergency care, hospital stays, surgeries, and ongoing treatment.
- Rehabilitation costs: Physical therapy, occupational therapy, and assistive devices.
- Lost income: Wages lost during recovery and reduced earning capacity if you cannot return to work.
- Non-economic losses: Pain, emotional distress, and loss of enjoyment of life.
- Property damage: Repairs to your vehicle or its replacement if totaled.
- Wrongful death damages: Funeral expenses and loss of financial support for eligible family members.
Our team works with experts to calculate current and future costs, ensuring no losses are overlooked.
How We Build Strong Cases for Overloaded Truck Accidents
We start every case with a detailed investigation, focusing on liability and damages. Steps we take include:
- Preserving evidence: Sending spoliation letters to prevent the destruction of electronic data, weigh station records, and maintenance logs.
- Consulting experts: Working with accident reconstructionists, cargo-securement professionals, and medical specialists to strengthen your case.
- Analyzing documents: Reviewing bills of lading, trip logs, dispatch records, and driver qualification files.
- Negotiating with insurers: Presenting a comprehensive demand package that outlines your damages and the evidence supporting your claim.
If insurers do not offer a fair settlement, we are prepared to take your case to court and present it before a jury.
Florida Laws Affecting Overloaded Truck Cases
Florida follows a modified comparative negligence system. If you are 50% or less at fault for the accident, your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.
The statute of limitations for filing a personal injury lawsuit in Florida is generally two years from the date of the crash. For wrongful death cases, the filing deadline is also two years from the date of death. Acting quickly helps preserve evidence and prevents missed deadlines.
Why Choose Anidjar & Levine for Your Case
At Anidjar & Levine, we bring extensive experience handling truck accident cases in Brevard County. We are familiar with local highway conditions, freight traffic patterns, and the challenges of investigating overloaded truck crashes.
Our contingency fee arrangement means you owe no attorney’s fees unless we recover compensation for you. From the initial investigation to trial, we handle every aspect of your case and provide regular updates to keep you informed.
Call Anidjar & Levine Today
When an overloaded truck causes injuries, pursuing compensation can help you rebuild your life. Let us review your case, identify liable parties, and develop a strategy tailored to your needs.
Call today for a free consultation to discuss how our truck accident lawyers can assist you.
We Can Help.