Who Do I Sue if I Was Hit by an Overloaded Truck in Virginia?

 Posted on September 19, 2025 in Personal Injury

Being struck by a truck that weighs thousands of pounds when empty can cause devastating damage. When that same truck is overloaded beyond safe limits, the risks multiply. It becomes harder for the truck to stop, more likely for it to tip over, and far deadlier in a collision.

If you or a loved one has been hit by an overloaded truck in Virginia, you may be entitled to compensation for losses. The first step is to talk to an experienced Fairfax, VA truck accident lawyer who can guide you through the civil process and fight to protect your right to a fair settlement.

Why Are Overloaded Trucks So Dangerous on Virginia Roads?

Federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA) set maximum weight standards for commercial trucks. When these limits are exceeded, the risks increase. Heavy loads put extra stress on brakes, making it harder for a driver to stop in time. Tires can burst under pressure, causing the driver to lose control. Overloaded trailers are also more likely to roll over, especially on Virginia’s mountainous highways, including steep stretches of I-81.

Virginia Code § 46.2-1135 outlines the penalties for trucks that do not follow strict weight limits. If a truck is heavier than allowed, the driver or trucking company can face fines based on how much extra weight it is carrying. While the fines are not part of your compensation, proof of weight limit violations could be strong evidence for your negligence claim.

Who Is Responsible for an Overloaded Semi-Truck?

In an overloaded truck accident, multiple parties may be liable for damages. Those potentially responsible include:

• The truck driver: Drivers must check that their cargo is loaded properly before hitting the road. If they knowingly drive with too much weight and cause an accident, they would be liable.

• The trucking company: Employers often pressure drivers to haul heavier loads for profit. When that pressure results in an accident, the company can be held responsible if it occurred while the driver was on duty.

• Cargo loaders or shipping companies: If a third party was hired to load the truck, they may share fault if the cargo was improperly distributed or exceeded safe weight limits.

Evidence such as weigh station records, driver logs, and black box data can reveal whether a truck was overloaded at the time of the crash.

What Damages Can You Recover From an Overloaded Truck Accident Claim?

Victims of overloaded truck crashes often face severe injuries. Common examples include spinal trauma, broken bones, and brain injuries. If you suffered serious injuries, possible damages you could recover include:

• Medical expenses for current and future treatment, surgeries, therapy, and rehabilitation

• Lost wages from missed work

• Reduced earning capacity, if your long-term ability to earn income is limited

• Pain and suffering, including physical pain, emotional distress, and reduced quality of life

• Property damage, such as repairs or replacement of your vehicle and personal belongings

If you lost a loved one in the accident, you may also have a wrongful death claim under Virginia Code § 8.01-50. This type of claim provides compensation for damages like the loss of companionship, financial support, and guidance your loved one provided. Talk to your attorney about the legal options specific to your case.

Schedule a Free Consultation With a Fairfax, VA Truck Accident Attorney

In the aftermath of a devastating truck accident, you need support from an experienced team of Fairfax truck accident lawyers. At Robinson Law, PLLC, we have more than 50 years of combined legal experience, and our attorneys know how to take on large trucking companies and their insurers. Call 703-844-3746 today to schedule your free consultation. Our phone lines are open 24/7, and we work on contingency, which means you pay nothing upfront. Hablamos Español.