Who Is Responsible for Overweight Trucks?

An overloaded truck accident might be the fault of the driver alone. This is, however, not always the case. Responsibility can extend from the driver to the motor carrier, the loading crew, and sometimes the shipper or broker as well.

Colorado law sets strict weight limits on commercial vehicles to help keep dangerously heavy rigs off the road. When those rules are ignored and you or someone you love is injured, knowing who can be held liable is a key element in seeking fair and full compensation.

How Overweight Loads Cause Truck Accidents

An overloaded tractor-trailer can make brakes run hotter and take longer to stop. It can affect steering and suspension geometry, shift the center of gravity, and exceed tire weight limits. All of these things, alone or in combination, increase the risk of:

• Jackknifes
• Rollovers
• Rear-end collisions
• And many other types of truck accidents

Federal rules require trucking companies and their drivers to ensure cargo is properly distributed and secured before departure. The driver must also reinspect cargo within the first 50 miles and again every three hours or 150 miles, whichever comes first. When they fail to do so and an overweight truck accident results, they can be held liable for any damages that follow.

In addition to inspections from the driver and motor carrier company, in Colorado, semi-trucks must also stop at open Port of Entry (POE) weigh stations if:

• Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) is over 26,000 pounds
  OR
• The empty weight exceeds 16,000 pounds

While federal trucking regulations cap GCWR at 80,000 pounds, Colorado allows for a total combined weight of 85,000 pounds for semi-trucks and tractor-trailers. This increase makes properly loading and securing cargo all the more important. Even a few pounds over the weight limit can negatively impact brake, tire, and steering function, and increase the risk for serious or fatal accidents.

Injured in an Overloaded Truck Accident? Learn About Your Rights for FREE

If you have been injured in an accident caused by an overloaded truck in Colorado, Burg Simpson is here to help. Call our Denver office at 303-792-5595 to schedule a FREE case review and let our truck crash lawyers help you understand how best to move forward with your claim.

Who Can Be Held Liable for an Overloaded Truck Accident?

Several parties might share responsibility for an overloaded truck accident. What makes these cases so complex is that not all of these parties will be on the scene of the accident. Identifying them requires a thorough investigation into not just the collision, but what led up to it. This is one of the most important tasks your truck wreck lawyer will perform while building your case.

Parties who could be liable for damages following an overloaded truck accident include:

The Truck Driver

Responsible for pre-trip inspections and subsequent rechecks, truck drivers must ensure their load is not likely to shift. This means inspecting securement devices as well as having direct knowledge of the weight of the load. Operating a truck that is overweight or over-axle after those checkpoints might make the trucker liable for injuries that accompany a collision.

The Trucking Company (Motor Carrier)

Carriers are responsible for policies, training, dispatch practices, and ensuring compliance with federal securement and distribution requirements. A carrier that pressures drivers to haul overloaded trailers or skip controls to verify weight and balance may be liable for a portion of your damages following serious injury in an overloaded truck crash.

Loader/Third-Party Warehouse

If a shipper, warehouse, or third-party logistics crew overloads or unevenly distributes freight, they can be liable for negligent loading. Overloaded trailers and shifting freight can cause a loss of control, leading to serious and fatal crashes.

Shipping Company

Even when a trailer is sealed, carriers have ways to determine if the load is safe. When those steps are not taken and a misdeclared or dangerous load contributes to a crash, the shipper’s role may need to be investigated.

Maintenance Contractors

In some cases, an overweight trailer may exacerbate maintenance issues like bad brakes or bald tires. If negligent maintenance or a product defect contributes to a collision, maintenance contractors and component manufacturers may also share a portion of the blame.

While government employees at POE weigh stations may clear a truck that is too heavy to be safely operated, government entities cannot typically be held liable for injuries sustained in an overloaded truck accident. During your FREE consultation with one of the experienced truck accident lawyers at Burg Simpson, we can discuss all potentially liable parties, along with the investigative process, to give you a better understanding of who might be held liable for your injuries.

How Can You Prove a Semi-Truck Was Overloaded?

To prove that overloading played a role in your crash, it may be necessary to conduct an investigation. This may include reviewing truck scale tickets and on-board scale data, as well as a review of:

• Weigh station and bypass records. These show where the truck was screened, waved through, or stopped.
• Black box data. This includes electronic logging devices (ELD), engine control modules (ECM), and telematics to assess braking, speed, engine load, and change-in-status events.
• CVSA inspections and Out-of-Service orders. These can document securement problems and overweight violations.
• Cargo documents. These may include bills of lading, shipper weight declarations, doc photos, loading instructions, and dispatch notes.
• Scene and vehicle evidence. This can include dash cam and roadside video, skid marks, and tire sidewall load indexes compared to cargo weight.

Signs a Truck May Be Overloaded

Witness testimony, photos and video, and your observations may also help to establish that a truck was overloaded at the time of a crash. Signs that may indicate an overweight trailer include:

• Trailer sagging
• Tire bulge
• Erratic trailer movement
• Lane drift

When cargo is visible, such as with a flatbed, visual clues, like an overflowing load, may also indicate overloading.

At Burg Simpson, our Denver truck accident lawyers review all available data, including scale tickets, ELD/ECM data, weigh station and bypass logs, post-crash inspection reports, and physical evidence to determine if a truck was overweight at the time of a crash. We also interview witnesses, review police reports, and listen closely to your experiences.

Bringing nearly 50 years of experience to every case, we often work with both internal legal professionals and outside crash forensic experts to ensure all possible causes, including trailer weight, are taken into account.

What Types of Damages Can I Seek After an Overweight Truck Accident in Colorado?

Three types of damages may be available after an overloaded truck accident. These are:

• Economic Damages: Hospital and rehab costs, future medical treatment, lost wages and earning capacity, and all out-of-pocket expenses.
• Non-Economic Damages: Pain, emotional distress, loss of enjoyment in life, and similar personal experiences.
• Punitive Damages: Damages intended to punish for willful overweighting, falsified tickets, or deliberate safety shortcuts.

In Colorado, economic damages are not capped. This means that you can seek penny-for-penny compensation for all of your financial losses. Non-economic damages are capped at $1.5 million for cases filed after January 1, 2025. Punitive damages generally cannot exceed the total amount of economic and non-economic damages awarded in these claims.

How Long Do I Have to File a Truck Crash Lawsuit in Colorado?

You have three years from the date of an overloaded truck accident to file a lawsuit in Colorado. However, it is a good idea to take action long before the statute of limitations approaches. Preservation letters can be sent to make sure key evidence is not deleted or destroyed, but only if swift action is taken. Waiting to file can make it more difficult to determine if a weight violation contributed to your crash.

At Burg Simpson, our attorneys work quickly to secure evidence and ensure your ability to seek compensation is preserved. We carefully calculate damages based on your current and projected future needs, and take every step necessary to help secure the full compensation your injuries demand.

Talk to an Overloaded Truck Accident Lawyer for FREE

If you or someone you love was injured in a crash involving an overweight or improperly loaded semi, use our online contact form or call our office to schedule a FREE and confidential consultation with one of our experienced truck accident lawyers today. Based in Denver, the attorneys at Burg Simpson fight for victims of serious truck crash injuries from Burlington to Grand Junction, Fort Collins to Trinidad, and all points in between.