Understanding Oversized or Overweight Truckload

An oversized truckload exceeds the dimensional and weight limits imposed by state and federal law. Trucking companies may carry such oversized cargo, but only if they obtain the proper permitting and take necessary precautions. When trucking companies fail to take adequate precautions when hauling oversized loads, they put innocent people at risk of injury and worse.

If you have been hurt in an accident involving an overloaded commercial vehicle, turn to a truck accident attorney at Craig, Kelley & Faultless LLC for help pursuing compensation. For over 20 years, our firm has fought to get injured Indianans the money and accountability they deserve. Our effectiveness in representing clients is reflected in the positive reviews our clients give us and the many honors and accolades we have been awarded.

Let our overload truck accident attorneys investigate and pursue your claim as you focus on treating your injuries and rebuilding your life after a devastating crash. Contact Craig, Kelley & Faultless LLC to get star a free consultation.

What Are the Legal Requirements for Carrying Oversized Loads in Indianapolis?

A truck has an oversized load if its maximum width, including its cargo load, exceeds 8.5 feet. Many states also impose length and height limits on commercial trucks, usually limiting trucks to about 14 feet in height and between 50 and 75 feet in length, including the load.

Federal and state regulations also limit the weight that trucks can carry. Loaded trucks generally may not have a gross vehicle weight exceeding 80,000 pounds. Trucks cannot have more than 20,000 pounds on a single axle or 34,000 on a tandem axle.

However, trucking companies and freight brokers can transport oversized and overweight loads with permit approval. State regulators generally will not approve an oversized or overweight permit for a cargo load that can divide into smaller components to fit within the standard dimensions and weight limitations. Instead, oversized/overweight permits are normally issued for cargo such as cranes, industrial machinery that cannot be easily disassembled, prefabricated houses, wind turbine blades, aircraft fuselages, or building structural components.

States impose various requirements and restrictions on trucks transporting oversized or overweight loads. Some common requirements and restrictions include:

• Day and hour restrictions, such as prohibiting travel during rush hour or on weekends or holidays
• Route restrictions that prohibit oversized or overweight trucks from traveling on certain roads or bridges due to structural limitations
• Displaying “Oversized Load” or “Overweight Load” banners on the truck
• Using flags and lights to warn other motorists of the dimensions of an oversized load
• Requiring trucks to have a marked escort car to warn the truck driver of upcoming traffic and hazards, observe the cargo in transit to prevent shifting, and protect the truck from other traffic on the road
• Having a rolling road/intersection shutdown to clear traffic for the truck

What Are the Fines for Carrying Oversized and Overweight Loads in Indianapolis?

Trucking and freight companies that fail to obtain oversized or overweight permits from the Indiana Department of Revenue’s Motor Carrier Services department may be subject to fines under Indiana Code §9-20-18-14.5. Failure to obtain an oversized or overweight permit carries a civil penalty of up to $5,000. Transporting vehicles and loads exceeding dimensional and weight limits, for which no permit is available, carries a civil penalty of up to $10,000.

The state also imposes penalties for violating the guidelines of an oversized or overweight permit. Penalties include up to $1,000 for a first violation and up to $1,500 for second and subsequent violations.

Fines are imposed on the trucking company responsible for transporting the vehicle or load. These fines are in addition to any fines or penalties separately assessed under Indiana law or by the court.

Who Has Liability in Case of a Truck Accident Involving Heavy Loads?

Oversized and overweight loads can cause road accidents because:

• Unbalanced loads may cause the truck’s center of gravity to shift unpredictably and disrupt the driver’s control of the vehicle.
• Unsecured loads may result in cargo falling off the truck onto the road.
• Cargo with a dangerously high center of gravity can cause the truck to overturn.
• Excessive weight on the truck’s wheels can cause tires to blow out.
• Sudden braking or turns can cause the trailer to jackknife around the cab, particularly on downhill segments.

Due to the dangers of transporting oversized or overweight cargo, drivers and companies need to use extra care on the road. A mistake by any person or company transporting an oversized or overweight load can lead to a devastating accident.

Some of the parties who may have liability for a truck accident involving a heavy load include:

• The truck driver, who may be liable for negligently operating the vehicle, including failing to ensure that cargo is secured
• The trucking company, which may be liable for failing to obtain a required oversized or overweight cargo permit or selecting a truck or trailer that lacked the required hauling capacity
• The escort/pilot car drivers, who may be liable for failing to maintain a proper lookout
• The freight company, which may be liable if improperly loading and securing cargo on the truck, causes an unbalanced center of gravity or leads to cargo falling off the truck.

Several parties may share responsibility for a truck accident and be liable for any resulting injuries. An experienced truck accident attorney can determine who could be liable for your injuries by reviewing evidence such as:

• Police reports
• Traffic and security camera footage
• Eyewitness statements
• Loading manifests
• The truck’s “black box” and electronic logging device
• The truck driver’s logbooks
• Hiring records kept by the truck company

Schedule a Free Case Review with Our Experienced Indianapolis Truck Accident Attorneys

Contact Craig, Kelley & Faultless LLC today for a free, no-obligation consultation. We can be reached online or by phone at (800) 746-0226. Our Indianapolis truck accident attorneys will tell you how we can fight to secure a full financial recovery for your injuries and losses after an overweight truck accident.