Who Pays if an Overloaded Semi Causes an Accident in Colorado?

 Posted on May 28, 2025 in Truck Accident

When a semi-truck causes an accident because of overloaded or unsecured cargo, more than one party could potentially be liable for the resulting damages, including the cost of your medical expenses, the income you lost from missing work, the damage to your property, and the pain and suffering you endured. 

As the victim, you are responsible for presenting the evidence necessary to prove fault and to show that you suffered as a result. If you have questions about how Illinois personal injury law applies to your case, an experienced Fort Collins truck accident attorney will guide you through the process and protect you from anyone who may try to undervalue your claim.

What Can Cause an Overloaded Truck Accident?

Overloaded trucks can be much more difficult to maneuver. When they are too heavy, the driver can lose control or struggle to handle the truck as it rounds corners or makes turns. Additionally, exceeding the weight limit puts additional pressure on the tires, commonly causing blowouts that can make the driver lose control. 

Overloaded cargo can also cause braking difficulties and mechanical failure. When a truck is heavier than it should be, the truck may not be able to brake in time to avoid a crash, and the weight of the load puts undue stress on parts of the truck, sometimes causing those parts to fail. 

Who Is Liable for an Accident Caused by an Overloaded Truck?

The Federal Motor Carrier Safety Administration (FMCSA) and Federal Highway Administration (FHWA) regulate the weight, placement, and securement of cargo in a commercial truck. Truck drivers, trucking companies, and any other party in charge of loading the cargo on a commercial truck can be liable for not following those rules. For example, the FHWA states that large trucks cannot exceed 20,000 pounds for a single axle or 34,000 pounds for a tandem axle. Additionally, the total weight of a truck cannot be more than 80,000 pounds. The exceptions to these rules are few.

Whoever loaded the cargo is most directly responsible for an overloaded truck accident. That could be the driver, their employer, or another party. However, even someone who did not load the truck could share liability for an accident. For example, if the driver discovered the cargo was overweight at a weigh station and did not remedy the situation, they could be liable as well. 

How Do You Know That a Truck Was Overloaded?

Your attorney will help you gather the evidence to prove that the truck was overloaded, but some ways that you can tell on the road include:

• The truck’s rear may sag from the excess weight.

• When the cargo is visible, it may appear wider or taller than the truck, like it is overflowing.

• The truck's tires may appear to bulge.

• The driver may have trouble steering properly.

If you noticed any indication that the truck could have been overloaded before the accident occurred, talk to your legal representative about it.

Contact a Fort Collins, CO Truck Accident Attorney Today

If you suffered severe injuries because an overloaded semi truck caused a crash, talk to the Larimer County, CO truck accident lawyer at Hoggatt Law Office, P.C. about your case today. These accidents are often devastating for victims and their families, but an experienced, aggressive personal injury lawyer will ensure that your right to compensation is protected. Call 970-225-2190 to schedule your free consultation today. Se habla Español.