Truck accidents are often more complicated than most people realize, especially when it comes to figuring out who is responsible and what caused the crash. One factor many victims aren’t familiar with is something called gross vehicle weight rating (GVWR).
Understanding what this means and how it affects your truck accident claim in St. Louis can help you make sure you get what you are entitled to after an accident.
Schedule a free consultation with our St. Louis truck accident lawyers to discuss your legal options after a truck accident.
What is GVWR?
GVWR is set by the manufacturer of the vehicle and is the limit of what a truck is supposed to weigh, fully loaded. This includes not just the truck itself, but also fuel, cargo, the driver, and any passengers.
Why GVWR Matters in a Missouri Truck Accident Case
When a truck crash happens in St. Louis, Missouri, there are many details that become important in a legal case, including the GVWR. Here’s why:
Determines If the Truck Is a Commercial Vehicle
Missouri and federal law place heavy regulations on any commercial motor vehicle (CMV). Whether a truck is classified as a CMV depends in part on its GVWR. If a truck meets or exceeds a GVWR of 10,001 pounds, it must follow rules set by organizations like the Federal Motor Carrier Safety Administration (FMCSA).
Affects Driver Requirements and Operator Obligations
Once a truck qualifies as a CMV, trucking companies and drivers have to follow certain rules. The law sets what kind of training is needed for drivers. It also requires logs about working hours (tracked on electronic devices), puts limits on daily/weekly hours to prevent sleep-deprived driving, and lays out rules for inspection and maintenance. There are also specific instructions on how cargo must be tied down or sealed inside.
Impacts Insurance Requirements
Missouri trucking companies and truck owners must carry insurance. If a truck has a higher GVWR, the government requires a bigger insurance policy because the damage in a wreck could be severe. Generally, any vehicle that is considered a CMV will have higher insurance limits.
Helps Prove Negligence
If it turns out the truck was carrying loads over its GVWR, that information can work in your favor during a lawsuit. Overloading is dangerous. It puts everyone on the road at risk since it affects braking and control. Proving the truck was overweight can show that the driver or company did not act safely or followed poor business practices.
For accident victims, having all the facts about the truck and how much it was supposed to carry puts you in a stronger position.
Evidence Your Lawyer Will Obtain To Help You Win Your Truck Accident Claim in St. Louis
Evidence plays a major role in building a strong truck accident case. The more documentation and information your lawyer obtains, the better chance you have to prove what happened and hold the responsible parties accountable. Some important types of evidence truck accident lawyers will gather include:
- Doorjamb certification label (shows truck’s GVWR/GAWR) and trailer data plate
- Scale or weight tickets (like from a CAT scale), bills of lading, load records, and dispatch notes Electronic Logging Device (ELD) records, hours-of-service logs, and engine “black box” or telematics data such as speed and braking information
- Inspection reports and truck repair and maintenance records
- Cargo securement photos, strap and chain records
- Company policies about training
- Evidence from the crash scene, like photos of ski marks, location of debris scattered on the road, the police report, and any video footage captured
- Spoliation letters to the trucking company, encouraging them to preserve electronic or physical records that are often only kept for a short period of time
Acting quickly after a truck accident gives you the best chance of filing a successful injury claim. If you need help, don’t hesitate to reach out to us. The first consultation is always free.