When excess weight or poorly distributed cargo plays a role, the results can be severe—longer stopping distances, brake failures, and rollovers. If you’re searching for help from an overloaded truck accident lawyer in Mt. Holly, DeMayo Law Offices, PLLC, can help you.
Our attorneys can explain how overloaded truck cases work in North Carolina, the laws that apply, who may be liable, and how we build your claim. We’ve won over one billion dollars for accident victims. Contact our experienced truck accident lawyers in Mt. Holly to learn more about your options.
The Risk Of Overloaded Trucks
Mt. Holly sits along busy freight corridors serving Charlotte, Gaston County, and the Carolinas. When a trailer carries too much weight—or that weight is uneven—stopping distance stretches out and truck stability starts to go down.
Overloaded trucks are more likely to experience tire blowouts, brake failure on downhill, and cargo shifts in stop-and-go traffic approaching bridge bottlenecks. Even a small miscalculation in load weight or securement can turn a routine drive into a chain-reaction crash. Our Mt. Holly personal injury lawyers have seen many such cases.
For a free legal consultation with an overloaded cargo accident lawyer serving Mt. Holly, call (877) 333-1000
North Carolina Rules On Weight, Cargo, And Truck Safety
Both federal and North Carolina law set limits aimed at keeping trucks safe on public roads. Generally, federal law caps gross vehicle weight at 80,000 pounds for interstate travel, with axle group limits and bridge formulas that govern how the weight is distributed.
Cargo must be properly secured under the Federal Motor Carrier Safety Regulations. The rules cover tie-down strength, blocking, bracing, and how different types of cargo—such as logs, steel coils, or heavy machinery—must be held in place.
Drivers have a duty to inspect loads before and during trips. When a truck is overloaded or loaded the wrong way, that is a safety violation. If that violation contributes to a crash, it can support a claim for negligence and, in some situations, punitive damages for reckless conduct.
Mt. Holly Overloaded Cargo Accident Lawyer Near Me (877) 333-1000
Liability After A Mt. Holly Overloaded Truck Crash
In an overloaded truck case, multiple parties may share responsibility. The driver might be liable for failing to inspect the load or refusing to haul a clearly overweight trailer. The motor carrier can be liable for unsafe policies, unrealistic schedules, negligent hiring or training, or pressure that encourages overweight loads.
Loaders or shippers may also share fault if they packed cargo incorrectly, misrepresented the weight on the bill of lading, or failed to follow industry standards. In some cases, a broker or warehouse operation contributes to the unsafe condition by pushing deadlines or ignoring safety procedures.
Evidence We Act Fast To Preserve
Time-sensitive evidence is the backbone of an overweight cargo case. We send preservation letters quickly and move to secure records before they are lost or overwritten. The following items can make the difference:
- Electronic control module (ECM) and event data recorder information
- Driver logs, ELD data, and dispatch communications
- Bills of lading, scale tickets, and weight or permit records
- Load manifests, photos from the loading dock, and securement diagrams
- Maintenance and brake service records, including brake stroke measurements
- Company policies, training materials, and internal incident reports
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What You Can Do Right Now After An Overloaded Truck Wreck
Your first priority is your health. Always call 911 to summon the police and medical assistance, even if you feel fine. Try to do the following if you can:
- Get medical attention and follow your provider’s guidance
- Report the crash to law enforcement and request the crash report
- Take photos of the scene, vehicles, skid marks, and visible injuries
- Gather names and contact details for witnesses
- Save bills, receipts, and insurance letters in one place
- Avoid recorded statements with the trucking insurer until you have counsel
- Contact our Mt. Holly overloaded truck accident attorney for further advice
Complete a Free Case Evaluation form now
Damages Available In North Carolina Overloaded Truck Claims
Under North Carolina law, you may seek financial recovery for both economic and non-economic losses tied to the wreck. That includes medical expenses, rehabilitation, and mileage to appointments. It also includes lost income, reduced earning capacity if your injuries limit your future work, and property damage.
Pain and suffering, scarring, and loss of enjoyment of life are part of non-economic damages. If the crash caused a death in your family, a wrongful death claim may cover funeral costs, the value of services and support, and the income your loved one would have provided.
In cases involving reckless disregard for safety—such as knowingly hauling a grossly overweight load—punitive damages may be available under North Carolina law, subject to statutory rules.
Deadlines, Contributory Negligence, And Insurance Issues In NC
North Carolina generally gives you three years from the date of injury to file a personal injury lawsuit and three years for property damage. A wrongful death claim typically must be filed within two years.
North Carolina follows contributory negligence. That means if a defendant shows you contributed to the crash in any way, you could be barred from recovery. We work to counter those claims with objective data—ECM downloads, skid measurements, dashcams, and witness statements—and with legal doctrines like last clear chance when applicable.
Insurance carriers for trucking companies often move quickly. An adjuster may offer an early settlement that does not reflect future care, lost earning capacity, or the full impact of your injuries. Once you sign a release, your claim is over. Bringing counsel in early helps you keep the process on your terms.
How Our Mt. Holly Team Builds Your Case Start To Finish
We start with a free case review where you can talk through what happened and your medical status. From there, we open an investigation and send preservation notices to stop the destruction of critical records.
We coordinate with accident reconstruction professionals and cargo/load experts to assess how weight and securement contributed to the crash. We also work with medical providers to document your injuries, treatment plan, and long-term outlook. With that picture, we prepare a settlement demand that reflects the full value of your losses.
If the insurer will not treat you fairly, we file suit and prepare for trial. Litigation timelines can be lengthy, but staying organized and proactive improves your position. Throughout, we keep you updated and handle the paperwork, deadlines, and negotiations so you can focus on recovery.
Speak With A Mt. Holly Overloaded Truck Accident Lawyer
If an overloaded or improperly loaded truck hurt you or someone you love in the Mt. Holly area, you don’t have to sort this out alone. We can investigate quickly, secure the records that matter, and build a case that reflects the full impact on your life.
Reach out to DeMayo Law for a free case review. There are no upfront fees, and our overloaded truck accident lawyers in Mt. Holly only get paid if we recover compensation for you.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
