Gross Vehicle Weight Rating (GVWR) refers to the maximum weight that a vehicle can operate safely with, or the total weight a vehicle is designed to handle. GVWR can impact a truck accident in Texas because if the vehicle’s maximum allowable weight is exceeded, the truck may suffer critical losses of functionality that result in collisions. Speak with an experienced truck accident lawyer in San Antonio.
How Does Too Much Weight Affect Truck Drivability?
When a commercial truck is designed, the manufacturer sets a strict safety limit on how much the vehicle can weigh, including its own weight plus all passengers, accessories and cargo (known collectively as payload). A Gross Vehicle Weight Rating is necessary to help prevent mechanical failures due to an overloaded and overweight truck.
Too much weight on a big rig can cause many dangerous effects that ultimately lead to a truck accident, such as:
- Longer stopping distances
- Total brake failure
- Tire blowouts
- Poor steering ability
- Axle failure
- Lost loadsÂ
- Loss of vehicle control
The GVWR on most commercial semi-trucks in Texas is 80,000 pounds. However, this weight can be exceeded with special overweight permits. Overloading a truck and exceeding the allowable GVWR can result in rollovers, jackknife accidents, lost load incidents, rear-end collisions and multivehicle pileups.
Penalties for Exceeding the Gross Vehicle Weight Rating
The Federal Motor Carrier Safety Administration (FMCSA) requires compliance with a number of federal trucking safety laws. All trucking companies must abide by Gross Vehicle Weight Ratings and prove their compliance. Truck drivers must stop at posted weigh stations throughout Texas, where the vehicle’s weight is checked against the allowable weight rating.
If it is discovered that a truck has exceeded its GVWR, the trucking company can face significant penalties from the FMCSA. Violations can lead to fines of over $10,000 in cases involving severe violations or repeat offenders. The exact amount of the fine will be calculated based on how much the truck exceeded its weight limit. If the GVWR is exceeded by more than 4,500 pounds, criminal charges can be filed.
How Does a GVWR Violation Affect a Truck Accident Case in Texas?
Gross Vehicle Weight Rating is a critical safety rule that must be obeyed by all trucking companies and truck drivers in Texas. Proof of a violation can provide strong evidence of negligence and fault in a related truck accident case in Texas, leading to financial compensation awarded to injured victims.
Since Texas is a fault state, proof of negligence is required before a crash victim can receive financial compensation from an insurance company. Negligence means that a party failed to act with proper care, resulting in a preventable accident and injury. Whether or not a trucking company knowingly exceeded a vehicle’s allowable GVWR, the company can be held responsible for this infraction if it led to a mechanical failure that caused the crash.
How a Truck Accident Lawyer Can Help
It is important to contact a San Antonio personal injury lawyer if you believe your recent collision was caused by an overloaded truck or another violation committed by a trucking company or its driver. A truck accident attorney can investigate to search for proof of a GVWR violation in connection with your collision. Then, your lawyer can present this evidence to an insurance company or the courts to fight for fair compensation from the at-fault party on your behalf.