The federal government typically establishes truck weight limits, but states have them, too. National trucking regulations dictate that a semi-truck and trailer’s combined weight cannot exceed 80,000 pounds for five axles. Georgia’s legal axle weight limit for single-axle trucks is 20,340 pounds and 34,000 pounds for double-axle trucks.
Commercial vehicle weight limits matter when overloaded trucks are involved in crashes. Generally, truck accident injuries are more extensive and severe due to the greater weight, size, and force of impact of the truck.
What Does GVWR Mean?
GVWR stands for gross vehicle weight rating. It is the maximum allowable gross weight that the vehicle manufacturer assigns to a motor vehicle, such as a car, truck, or sport utility vehicle (SUV).
The GVWR represents the maximum weight the vehicle can safely carry, including:
- Vehicle weight – An empty vehicle, including all standard equipment, fluids (like oil), and a full fuel tank
- Cargo – Any additional cargo or items, such as luggage, tools, or supplies
- Passengers – Weight of all occupants, including the driver and passengers
Trucking companies often print the GVWR on the side of the truck. It can also be on a sticker on the driver’s door frame. Depending on the GVWR, a commercial truck’s weight determines whether it is a commercial vehicle and how many hours an operator may drive without breaks. Contact our Savannah truck accident lawyer today.
At What GVWR Is a Vehicle Considered a Commercial Motor Vehicle?
Different types of vehicles fall under distinct regulations based on their GVWR. In Georgia, a motor vehicle with a GVWR of 10,001 pounds or more that is used as part of a business or non-profit organization is a commercial vehicle. These include:
- Single-vehicle trucks and vans with a GVWR of 10,001 pounds or more
- Passenger vehicles for more than 15 passengers, including the driver
- Combination vehicles, like a truck towing a trailer or other equipment
Any vehicle transporting hazardous materials for business is a commercial motor vehicle, regardless of its weight.
Can a Truck’s GVWR Limit the Hours a Trucker Can Drive?
Federal regulations dictate that commercial truck drivers are subject to hours of service (HOS) regulations. These regulations limit a driver’s time behind the wheel each day and week to prevent fatigue-related crashes.
In addition to federal requirements, each state has its HOS guidelines. According to the Georgia Department of Public Safety:
- Drivers may drive up to 11 hours after having ten consecutive hours off duty.
- Drivers must be off-duty after 14 hours.
- Drivers working for a company with vehicles operating daily may not drive more than 70 hours in eight days.
- Drivers who work for a company that does not operate daily have a limit of 60 hours in seven days.
- Drivers using time records may drive up to 11 hours if they return to their work reporting location within 12 hours.
Is an Overweight Truck More Dangerous?
Operating overweight or overloaded trucks above their GVWR poses serious safety risks. These include:
- Extended braking distance – A vehicle carrying more weight requires a longer distance to come to a complete stop.
- Reduced maneuverability – Drivers of heavier trucks have more difficulty taking evasive actions to avoid obstacles or sudden hazards.
- Potential blowouts – Extra weight puts excessive strain on tires and could lead to blowouts.
- Braking issues – Brakes designed for a specific weight limit could fail if the truck they’re on carries more than the specified weight.
- Higher impact force – Greater mass increases the force of impact in collisions and results in more significant damage and injuries.
- Jackknife and rollover risk – Uneven cargo distribution can lead to a higher risk of truck rollovers or jackknife accidents.
- Elevated safety risk – Overloaded trucks are more challenging to control in adverse weather conditions.
What Should I Do After an Accident with an Overloaded Truck?
At the time of the crash, you probably reported the accident to the authorities and got medical treatment. In the weeks following an accident with an overweight truck, you should consider taking the following steps:
- Consult our truck accident lawyers. We can assess your situation, investigate the cause of the crash, explain your best options, and guide you through the legal process.
- Follow medical advice. Comply with all medical instructions and recommendations from healthcare professionals. Keep records of your medical treatment, including doctor visits, prescribed medications, and any rehabilitation or therapy.
- Keep a journal. Maintain a journal of your injuries, symptoms, and how they impact your daily life, which will help document your pain and suffering.
- Avoid speaking to the insurer. Anything you say to the insurance adjuster could potentially harm your case. Seek legal counsel before you talk to any insurance company.
- Be silent on social media. Insurance companies and opposing parties may use your social media activity against you, so refrain from sharing details about the accident or your injuries online.
Can I Take Legal Action If an Overloaded Truck Injures Me?
Commercial truck operators and owners must ensure their vehicles are within the appropriate weight limits and adhere to all safety regulations. If they fail to do so and it results in an accident, you can take legal action to pursue compensation for your injuries, medical expenses, lost income, and other losses.
In Georgia, the statute of limitations for personal injury lawsuits, including those related to truck accidents, typically gives you two years from the date of the accident to file a lawsuit against the at-fault party.
Who Could Be Liable for Overweight Truck Accidents?
Determining liability in an overweight truck accident can be complex. Potential parties that could be liable include the truck driver, the trucking company, the owner of the truck and trailer, the owner of the cargo, the cargo-loading company, and others.
Contact a Georgia Truck Accident Lawyer
If you sustained injuries in a serious accident with a truck carrying too much cargo, our experienced Georgia truck accident lawyers can protect your rights. The Spiva Law Group focuses on helping injured people in Georgia who want to pursue compensation after accidents caused by someone else’s negligence. You owe us nothing unless and until we win your case.
Contact the Spiva Law Group today for a free consultation.