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An overloaded or badly loaded truck is harder to stop, harder to steer and more likely to fail.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it. This page explains truck weight limits, cargo loading rules and the evidence in overloading cases. For an overview of every kind of truck crash, see our truck accident page.
What Overloading Does to a Truck
- Longer stopping distances, which the driver may not expect
- Trouble controlling speed on downhill grades, common on Western Pennsylvania highways
- Extra stress on brakes and tires, which can cause brake failure and blowouts
- Greater risk of jackknifing or tipping over in turns and curves
- Cargo that shifts can push a trailer over, break through doors or spill onto the road
Truck Weight Limits
On the Interstate highway system, federal rules set these limits (23 C.F.R. § 658.17):
- 80,000 pounds gross vehicle weight, or less where the federal bridge formula requires it
- 20,000 pounds on any single axle
- 34,000 pounds on a tandem axle
Pennsylvania’s Vehicle Code also sets weight limits and has a special-permit system for oversize and overweight loads (75 Pa.C.S. Chapter 49). A truck can also be dangerous below the legal limit if its load is badly balanced.
Loading and Securement Rules
Federal rules say a truck may not be driven unless its cargo is properly distributed and adequately secured. The driver must check the cargo and tie-downs before the trip, again within the first 50 miles, and then whenever the driver changes duty status, after 3 hours of driving, or after 150 miles, whichever comes first (49 C.F.R. § 392.9). There are limited exceptions, such as sealed trailers the driver has been told not to open. Pennsylvania law also requires loads to be secured (75 Pa.C.S. § 4903).
Who May Be Responsible
- The driver, who must check the load and drive for the weight being carried.
- The trucking company, for its driver’s negligence and its own loading and dispatch practices.
- The shipper or loading company that packed, weighed or balanced the cargo.
- Maintenance shops that worked on brakes and tires.
- Manufacturers of defective trailers, brakes or securement equipment.
Evidence in an Overloading Case
- Bills of lading and shipping papers that list what was loaded and how much it weighed
- Scale tickets and any weigh station or inspection records
- Overweight permits, and whether the truck followed them
- Engine and brake data showing speed and braking before the crash
- The trailer, tie-downs and spilled cargo themselves, which should be preserved and inspected
Pennsylvania Rules You Should Know
- Deadline. Most injury lawsuits must be filed within two years. Claims against a government agency require written notice within six months, and immunity laws limit some claims.
- Shared fault. You can recover if you were 50% or less at fault. Your award is reduced by your share.
- Your own auto policy. If you were in a car, your full tort or limited tort choice can affect recovery for pain and suffering. Your own policy also pays at least $5,000 in medical benefits regardless of fault.
- No cap. Pennsylvania does not cap compensatory damages in these cases.
How We Build Overloaded Truck Cases
- Act fast. We send preservation letters for the truck, the trailer, the cargo and the records.
- Trace the load. We follow the cargo from the shipper’s dock to the crash scene to find out who loaded it and who checked it.
- Experts when they matter. Reconstructionists and trucking safety witnesses show how the weight changed the crash.
- Trial-ready. Trucking companies and their insurers know we are prepared to try cases to a jury.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Scarring, disfigurement and permanent disability
- Wrongful death and survival damages for the family of a person killed
Representative Results
- More than $2 million for a client injured in a Pennsylvania highway crash involving an out-of-state trucking company
See more case results. Every case is different. Past results do not guarantee or predict a similar outcome.
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.











