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What should I do if I was hit by an overloaded truck?

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A semi-truck slammed into your car. Your back is screaming in pain. As the dust settles, you see the trailer leaning to one side, overloaded with heavy equipment or cargo. Maybe you’re not a truck inspector, but you can tell something wasn’t right.

Overloaded trucks are a major safety hazard on Wisconsin roads. When a truck exceeds its legal load limit, the risk of brake failure, rollovers, and rear-end collisions increases significantly. If you were injured in a crash caused by a truck carrying too much weight, you have every right to demand answers and seek compensation.

Hupy and Abraham, S.C. has been helping truck accident victims for more than 50 years. We know the tactics trucking companies use to cover their tracks, and we’re here to make sure you don’t face them alone.

Why Truck Weight Limits Exist and What Happens When They’re Ignored

Trucks are legally required to stay within federal and state weight limits. These limits aren’t arbitrary—they’re designed to keep roads safe for everyone.

How Overloaded Trucks Become Dangerous

When a truck exceeds legal weight limits, it can:

  • Take longer to stop. Heavy loads increase the stopping distance, especially in emergencies.
  • Cause brake failure. Excessive weight puts dangerous strain on braking systems, leading to overheating or failure.
  • Increase rollover risk. Top-heavy or unbalanced loads increase the likelihood of trucks tipping during turns or lane changes.
  • Damage roads and bridges. Overweight trucks accelerate wear and tear on infrastructure, creating hazards for other vehicles.
  • Reduce control in bad weather. Snow, rain, or ice combined with an overloaded truck multiplies the chance of the driver losing control.

These trucks are rolling hazards—and too often, the public pays the price.

What to Do After a Crash With an Overloaded Truck

If you suspect the truck that hit you was carrying too much weight, act quickly to protect your health and your legal rights. If you’re physically able to do so, take these steps immediately after an accident:

  • Call 911 and report the crash. Make sure the police document the scene and gather initial statements so you can request a copy of their police report after the fact. 
  • Get medical attention right away. Even if injuries seem minor, get checked out. Some conditions take hours or days to appear, and its important to demonstrate through medical records that you sought medical attention early.
  • Take photos and videos. If it’s safe, capture the truck, the cargo, and any visible damage or skid marks.
  • Look for signs of excess weight. Sagging suspension, leaking fluids, or visibly overloaded trailers can be clues.
  • Ask for the truck’s Department of Transportation (DOT) number. This can help your attorney access inspection and weight records.

How an Attorney Investigates an Overloaded Truck Crash

Truck accident cases are complex—and proving an overloaded truck caused the crash requires digging into evidence that isn’t always visible at the scene.

Key Evidence That Can Prove Overloading

Your attorney will look for the following types of evidence to build your case:

  • Weigh station or scale records. These can show whether the truck exceeded legal limits before the crash.
  • Black box data. Electronic logging devices (ELDs) may reveal speed, braking, and other crucial details.
  • Cargo manifests and bills of lading. These documents show what the truck was transporting and how loaders secured the cargo.
  • Inspection reports. Prior violations for overloading or brake issues can show a pattern of negligence.
  • Witness testimony. Other drivers, passengers, or first responders may have noticed signs of an overweight truck.

The sooner an attorney can begin gathering this information, the stronger your case will be.

Who May Be Liable in an Overloaded Truck Accident?

More than one party may share responsibility for your injuries in an overloaded truck crash. Possible liable parties may include:

  • The truck driver. If they knowingly operated an overweight vehicle, they may be held accountable.
  • The trucking company. Employers are responsible for monitoring and enforcing compliance with weight regulations.
  • The cargo loader. In some cases, a third-party company improperly loads or secures cargo beyond safe limits.
  • The maintenance provider. If excess weight worsened brake failure or other mechanical issues, faulty maintenance could be a factor.

A skilled truck accident lawyer will help identify all responsible parties and fight to hold them accountable.

Potential Compensation You May Seek After Overloaded Truck Crashes

Truck accident injuries often lead to life-altering consequences: surgeries, months off work, or permanent disabilities. You shouldn’t bear those costs alone. Victims of overloaded truck accidents may seek to recover:

  • Medical expenses. Hospital bills, physical therapy, medication, and ongoing care.
  • Lost wages. Time missed from work or reduced earning capacity due to injuries.
  • Pain and suffering. Compensation for physical pain, emotional distress, and loss of enjoyment of life.
  • Property damage. Repair or replacement of your vehicle and other personal property.
  • Punitive damages. In cases of gross negligence, courts may award additional compensation to punish the wrongdoer.

At Hupy and Abraham, S.C., we fight to make sure every client receives every dollar they deserve.

Overloaded Trucks Are a Hidden Threat—Until It’s Too Late

Every day, overloaded trucks move along Wisconsin’s highways, quietly increasing the risk of tragedy. When those trucks cause crashes, the consequences can be devastating. Holding the right parties accountable isn’t just about your recovery—it’s about making the roads safer for everyone.

For over five decades, the truck accident attorneys at Hupy and Abraham, S.C. have taken on some of the toughest truck accident cases in the Midwest. We’re proud to represent those who’ve been hurt by preventable negligence, and we’re committed to doing well by doing good in every community we serve.

If you’re recovering from a crash involving an overloaded truck, you’re not alone. You deserve answers. You deserve justice. And you deserve to be heard.

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.
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