Accidents Caused By Oversize and Over Height Loads on Trucks May Be Basis For Lawsuits | DENENA | POINTS

Accidents Caused By Oversize and Over Height Loads on Trucks May Be Basis For Lawsuits

In our continuing analysis of the multiple hazards posed by large trucks and their cargo, we discovered that there is an emerging basis for lawsuits when loads that are oversize cause damages to motorists or property.  Trucks are limited on weight and height for safety reasons, but there is always the temptation by trucking companies to add a bit more cargo to increase the profitability of the load being transported.  However, when this conscious disregard of safety regulations creates an accident, then there may be liability by the company for any damages.

Truck In Washington Collapses Freeway Bridge

As an example, in 2013 an over height truck in Washington State caused a collision where the result was a collapsed bridge on a major interstate.  The truck had slammed into the overhead braces of the bridge due to its height in excess of those permitted, and the bridge collapsed into the water.  Two vehicles on the bridge at the time also fell into the river, causing injuries but no deaths.

What makes this accident even more unbelievable is that the tractor trailer had a pilot car for its already oversize load, but apparently the pilot car driver was talking on the phone and did not notice the height restrictions for the bridge.  There were additional excuses made by the driver for the accident including:

  • He did not know the height of his load
  • His permit was for two inches lower than the load, but he failed to notice
  • He forgot to research the route to see if there were height clearance problems
  • He was following the pilot car too closely and would not have been able to stop in time even if there had been warning

All of this points to driver negligence, especially since the load was already oversize and using a pilot car.  Washington State also thought that the driver was negligent and filed a $17 million lawsuit to recover the cost of the bridge repair.  If the trucking company is only insured for the federal minimum of $750,000 then they may be having some difficulty paying any type of court award in this case.

The prevalence of negligent or outright intentional violation of safety and highway regulations by trucking companies is becoming apparent.  Whether its disregard for driver rest and safety standards, hauling of unlabeled hazardous cargo, failure to inspect trucks for safety defects or simple violation of highway permit limitations, trucking companies seem to view safety regulations as just another barrier to making money.

The fact that these laws and regulations are designed to protect motorists on the highways are treated like an insignificant detail, and as anyone who has encountered an impatient or arrogant trucker can attest, these drivers seem to think the nation’s highways are there solely for their transport work.  Only the threat of personal or criminal liability will be sufficient to change the culture of the trucking business, since federal regulators have little motivation to make the laws more stringent.