Improperly Loaded or Overloaded Trucks

In New York state, commercial trucks can weigh up to 80,000 pounds, including the cargo. When heavy cargo weighing tens of thousands of pounds shifts or spills, serious accidents and injuries can happen. Trucks that exceed safe limits also put everyone in danger. Overloaded trucks put additional strain on bridges, roads, and other infrastructure. Unsafe weights can also put pressure on the truck, causing truck blowouts or brake failure that leads to collisions.  Despite these known risks, some trucking companies and drivers fail to take reasonable precautions with cargo, and this leads to tragedies every year.

At The Law Office of Mark A. Siesel, we represent individuals in Westchester, the Bronx,  and multiple counties, including Kings, Orange, Rockland, New York, Queens, Putnam, Dutchess, Ulster, and Sullivan counties who have been harmed by unsafe trucking practices. Attorney Mark A. Siesel understands the toll these crashes take. If you or a family member have been injured, contact The Law Office of Mark A. Siesel for a free consultation.

Why Truck Loading Rules Matter

Federal rules set weight limits for truck cargo, set rules for securing cargo, and have additional requirements for biohazards and other dangerous shipments. Every commercial truck must follow these rules. These requirements exist because an overloaded or improperly balanced truck comes with risks:

• Braking distance increases when a truck carries too much weight. Stopping in time to avoid a collision can become nearly impossible.
• Tire and brake failure are more likely when a truck is overloaded, increasing the risk of blowouts or mechanical breakdowns.
• Shifting cargo can cause a truck to roll over, lose control, jackknife, or swerve into other lanes.
• Visibility and stability can be limited if loads are stacked too high or secured incorrectly.

There are weigh station scales along highways to ensure truck drivers are not breaking the rules and inspections to ensure rules are being followed.

Dangerous Cargo and the Risks of Noncompliance

Some trucks carry hazardous materials such as gasoline, radioactive material, chemicals, biohazardous material, industrial waste, or flammable substances, all of which require special handling under federal and state law. Trucking companies and drivers must undergo additional training, use proper warning placards, and follow strict loading, securing, and transport procedures when moving dangerous cargo.

When these rules are ignored, the outcome can be catastrophic, especially if the truck is in an accident while carrying such cargo. A spill of hazardous chemicals can catch fire or release toxic fumes. Flammable liquids can cause explosions that injure motorists, first responders, pedestrians, and even homeowners and passersby in the area. Even consumer products like heavy appliances, lumber, cars, or industrial equipment can become deadly projectiles if not secured properly.

Common Causes of Overloaded and Improperly Loaded Truck Accidents

While there are rules in place, not all drivers and companies follow them. Organizations are often caught:

• Exceeding federal or state weight limits to maximize profits.
• Failing to use proper tie-downs, straps, braces, or other items to keep cargo in place.
• Neglecting to inspect the cargo before starting a trip.
• Rushing to meet delivery deadlines and skipping safety steps.
• Stacking cargo unevenly, causing the truck’s center of gravity to shift.
• Allowing unsecured items to fall from flatbeds, endangering anyone behind the truck.

Trucking companies and drivers face pressure because of tight deadlines and labor shortages in the trucking industry. In some cases, this can encourage them to overload trucks to complete more deliveries or to secure loads with less oversight. There is no excuse for skipping safety steps, however, and any violation of rules can lead to penalties and fines. In addition to any punishments assigned by the Department of Transportation and other agencies, drivers and trucking companies can also be held liable in a civil claim if their negligence causes injuries.

Injuries Linked to Truck Overloading and Shifting Cargo

Because of the weight of commercial trucks, accidents caused by improper loading often result in severe injuries, including:

• Traumatic brain injuries (TBI) and other head injuries.
• Spinal cord injuries.
• Multiple fractures or crushed limbs.
• Internal bleeding and organ damage.
• Severe burns if flammable cargo spills during a crash.

Sadly, in some cases, overloaded truck crashes are fatal. Many of these truck collisions also leave survivors with long-term trauma, PTSD, and other mental health conditions which can be debilitating.

Who May be Liable for Improperly Loaded Trucks That Cause Collisions?

In most cases, when trucks are improperly loaded, negligence is a factor. This means that if you are injured by this sort of truck, you may have a civil claim, and to file a claim you will need to determine who was responsible for your injuries. Several parties may share liability, including:

• Truck drivers, if they failed to check that the cargo was secure before driving.
• Trucking companies, if they pressured drivers to exceed weight limits or ignored federal regulations.
• Third-party loading companies, if they improperly secured the cargo.
• Manufacturers or distributors, if defective equipment contributed to the accident.

At The Law Office of Mark A. Siesel, we conduct a detailed investigation to uncover exactly what went wrong and who should be held accountable.

Am I Eligible for Compensation?

If your injuries were caused by a poorly loaded or overloaded truck, you may have a claim and be eligible for compensation. Every case is different and depends on many factors, including:

• How much insurance coverage the at-fault party carries.
• Whether workers’ compensation is involved.
• How many liable parties there are, and who those parties are.
• The severity of your injuries and losses.
• The strength of your claim.
• Whether the defendant has assets, such as investment property.

Part of our job is to explore all possible avenues to maximize recovery. Depending on your situation you may be eligible for compensation that covers:

1. Pain and suffering.
2. Past and future medical expenses.
3. Past and future earnings and loss of earning capacity.
4. Car rental, property damage, and incidental expenses.

We carefully build each case, so you understand both the opportunities and the limitations of recovery.

Even if you were not in a car accident when you were injured, you may be eligible for compensation. In some cases, pedestrians, bicyclists, and even nearby homeowners can suffer harm when a truck carrying unsafe cargo is in a crash. Cargo that falls from a flatbed can strike people on sidewalks. Hazardous spills can contaminate local air or groundwater, affecting entire neighborhoods. A rollover on a busy street can injure bystanders who had no connection to the truck at all. In these situations, victims still have rights. If you were harmed by unsafe trucking practices, you may be able to pursue compensation.

Why Choose The Law Office of Mark A. Siesel?

What sets The Law Office of Mark A. Siesel apart is our combination of legal skill, personal attention, and responsiveness. Mark Siesel has almost 40 years of experience handling personal injury, motor vehicle accident, DWI, TBI, premises liability, bus accident, truck accident, motorcycle accident, dog bite cases, and other personal injury claims.

Unlike larger firms that treat clients like case numbers and focus on high volumes, we develop genuine relationships. Some clients remain lifelong friends and continue to stay in touch. While we focus on getting fair compensation for every client, we also know this is a difficult time and we work hard to make sure every client feels valued and heard. We genuinely care about you and your outcomes, and this is reflected in every interaction you have with our team.

Serving Clients Throughout New York

Our firm proudly represents individuals and families across Westchester, Bronx, Kings, New York, Queens, Orange, Rockland, Putnam, Dutchess, Ulster, and Sullivan counties. Whether your accident happened on the New York State Thruway, the Cross Bronx Expressway, a local road, or anywhere else, we are ready to help by offering a free consultation so we can review your options.

Truck accident cases involving improper loading or overloading require immediate attention and thorough investigation because evidence can go missing fast. The Law Office of Mark A. Siesel is ready to step in, preserve evidence, protect your rights, and seek fair compensation for your losses.

Call us today at (914) 428-7386 or contact us online to schedule your free consultation to discuss your matter in greater detail. Our team is proud to speak both English and Spanish to serve you better.