4 FAQs About Overloaded Truck Accident Claims

The chances of collisions are higher for overloaded trucks. These vehicles have a longer braking distance, making it harder for drivers to avoid a crash. What’s worse is that overloading a truck beyond its Gross Vehicle Weight Rating (GVWR) can also put stress on the vehicle and increase the odds of a parts failure.

Despite the risks, these large vehicles are often hitting the road while overcapacity. Exceeding the GVWR for a truck is against the law. However, it’s not unheard of for some trucking companies to bend the rules to expedite deliveries and rake in extra cash. This puts everyone else’s lives at risk.

If you were injured in a crash involving an overloaded truck, a lawyer can help you fight for fair compensation. Below we’ve answered a few FAQs about these claims:

1. Can Statements I Gave to the Insurance Company Be Used to Deny My Claim?

After the accident, representatives from the insurance company may reach out to discuss the collision. While they might seem to have your best interests in mind, the statements you make to your insurer may later be used to challenge your claim. It’s not unheard of for statements to be taken out of context to paint a starkly different picture of what transpired on the day of the crash. As a result, it’s vital that you let a lawyer handle all correspondence from day one. Otherwise, you could say something that may lead to disputes over causation, liability, and damages. This could delay proceedings and affect the outcome of your truck accident case.

2. What Happens If I Failed to Follow Doctor’s Orders?

Maybe your doctor told you to take a few weeks off of work to recover. However, for every day you’re sitting at home, you’re missing out on wages you depend on to put food on the table and pay your bills. It’s tempting to ignore your doctor’s orders and get back to work. Unfortunately, this is a crucial mistake that could cost you in the long run. If you ignored your doctor’s orders and your negligence caused your condition to worsen. An insurance company could argue that you did not take sufficient steps to mitigate the damages. As a result, they could argue that you are at least partially liable for your damages.

3. When Should I Contact a Truck Accident Attorney?

Much of the evidence in an overloaded truck accident case could be time-sensitive. The longer you wait to contact an attorney, the longer it will take for them to begin investigating the case. This can increase the likelihood of certain evidence being unavailable, destroyed, or altered. For instance, surveillance footage at the crash scene may have been erased or eyewitnesses may have forgotten key details of what they saw. As a result, it’s usually best to contact a lawyer as soon as possible after an accident. Usually, after you’ve sought medical treatment.

4. What Evidence Should I Bring to My Free Initial Consultation?

Truck accident cases are won and lost on the strengths and weaknesses of the evidence available. It’s important to collect as much evidence as you can. From invoices documenting your medical bills to paystubs tracking your lost wages.

Let’s look at important evidence your lawyer may want to see during your initial consultation:

Receipts and Invoices:

Your claim can take into account a variety of costs including any reasonable and necessary expenses related to your injuries. Besides medical treatments, these costs can include alternative transportation, home modifications, and domestic help. Your lawyer may review these documents to decide whether he or she will factor these costs into the estimated settlement amount.

Financial Documents:

If you could not return to work for a period of time due to your injuries, these lost earnings may be recoverable. In order to prove lost wages, your attorney will need financial documents such as paystubs, tax returns, bank statements, and 1099s. If you suffered a permanent disability in the accident, you could be entitled to compensation for loss of future earnings, too.


If you took pictures at the crash site and/or later captured images of your injuries or damage to personal property, your lawyer could use this evidence to help build your case. Photographs can include but are not limited to, snapshots of the road markings, weather conditions, signs, and vehicle positions.

Find a Skilled Truck Accident Lawyer in Your Area

It is imperative to contact an attorney before calling the insurance company. If you or a loved one has been in an accident, make sure to contact a trusted and experienced attorney. At Attorneys for All, we can help put you in touch with a lawyer who has experience handling cases like yours. CALL US ANYTIME (281) 475-4535 or fill out a consultation form here to start the process.