Big-rig trucks hauling oversized loads are a common sight on Texas highways, where the state’s thriving economy leads to frequent transportation of large machinery across the region.
While there are well-established legal requirements for moving oversized loads, many transportation companies may cut corners on safety measures if they believe they can make deliveries on time without incidents.
While most oversized loads reach their destination safely, even a single accident involving one of these large vehicles can have devastating consequences.
Serious injuries and even fatalities can result when carriers fail to operate safely and follow the rules of the road.
At The Stewart Law Firm, our team of personal injury attorneys, led by attorney Stephen Stewart, understands the severe impact these accidents can have on those involved.
We are committed to helping victims secure the compensation they deserve after such traumatic events.
In this blog, we’ll discuss how personal injury attorneys like our team at the Stewart Law Firm can help you during these challenging times.
Understanding the Risks of Oversized Load Accidents in Texas
Oversized loads pose unique risks on the road, and collisions with these large vehicles can be life-changing. Even a minor, low-speed collision can cause significant harm when heavy machinery or large equipment is involved.
Factors like improper loading, excessive weight, or insufficient safety flags can increase the risk of accidents, leading to severe injuries.
Some of the common dangers associated with oversized load accidents include:
- Vehicles exceeding weight limits: Overloaded trucks can become unstable, increasing the risk of tipping or losing control.
- Inadequate signaling or safety flags: A lack of proper warning signs can result in trailing vehicles colliding with oversized loads.
- Crossing lane dividers: Wide loads that fail to maintain proper clearance can easily collide with oncoming traffic.
Victims of these accidents often suffer from serious head and spinal injuries, which can result in permanent disabilities or long-term paralysis.
It is crucial to have a knowledgeable Austin-based personal injury attorney who can advocate for full compensation to cover long-term medical needs and physical damage claims.
Catastrophic Injuries from Oversized Load Accidents
Accidents involving big trucks, especially those carrying oversized loads, can result in catastrophic injuries.
Even a seemingly minor collision can lead to:
- Traumatic brain injuries
- Spinal cord damage
- Severe fractures
- Internal organ injuries
These injuries can lead to lasting physical limitations, high medical costs, and the need for ongoing rehabilitation.
Our team at Stewart Law Firm is here to help victims navigate the complex legal process and seek the compensation necessary for their recovery.
Potential for Punitive Damages in Oversized Load Cases in Texas
In many truck accident cases, victims are eligible for compensatory damages, which can cover:
- Medical expenses related to the injury, including surgeries and ongoing treatment
- Lost wages if the injury prevents the victim from working
- Non-economic damages such as pain and suffering and loss of enjoyment of life
In Texas, courts use a comparative negligence approach to determine the degree of fault for each party involved in an accident.
This means that if a victim is found partially responsible for the crash, their compensation could be reduced accordingly under Texas Civil Practice and Remedies Code Section 33.001.
However, there may also be an opportunity to pursue punitive damages when it comes to oversized load accidents.
Under Texas Civil Practice and Remedies Code Section 41.003, punitive damages may be awarded following a jury trial, but this possibility is typically what provides the whole compensation many catastrophic injury victims need following the fact.
In such a case, it must be proven that the trucking company acted with gross negligence, such as overloading their vehicle beyond legal limits.
These damages are designed to punish the at-fault party and deter similar reckless behavior in the future.
Pursuing punitive damages typically requires a jury trial, but this option can significantly increase the compensation available to victims, helping them rebuild their lives after a serious injury.
Why Legal Representation Matters in Oversized Load Cases
These cases are always strongly defended by the driver, the trucking company, and their insurance provider.
These companies often have aggressive legal teams who work to minimize their liability and avoid paying large settlements.
That’s why having an experienced attorney like those at Stewart Law Firm is essential.
Our legal team understands the tactics used by insurance companies and trucking corporations, and we know how to build a compelling case on your behalf.
With attorney Stephen Stewart and our dedicated team, we fight for fair compensation, whether through negotiation or in court.
Contact Our Austin-Based Personal Injury Attorney at The Stewart Law Firm Today
When pursuing compensation for injuries caused by an oversized load accident, having the right attorney on your side can make all the difference.
At The Stewart Law Firm, we are here to help victims of catastrophic injuries seek the compensation they deserve.
We have the knowledge and dedication to handle complex cases and ensure that your voice is heard.
Don’t let insurance companies dictate your future. Contact us today at (512) 326-3200 for a free consultation, and learn how we can assist you in your journey toward recovery.
