Commercial trucks must meet strict weight requirements to ensure safe cargo transport on local, state, and federal roads. These weight limits have a dual purpose: to reduce wear and tear on certain roads, and to prevent accidents due to overloaded or overweight vehicles.
New York’s overweight/overloaded truck accident regulations incorporate some federal regulations while adding limitations in certain areas. Understanding these regulations can help accident victims determine whether they were injured due to a trucking company’s negligent loading practices. A truck accident attorney on Long Island can help review your case and discuss how these laws could affect your claim.
Federal Large Truck Weight Laws
Federal law regulates vehicle limits on interstate highways across the U.S. 23 U.S.C. § 127 provides maximum weight requirements based on the number of axles, their distance apart, and the type of cargo.
Generally, large trucks may not operate on interstates if they weigh over 20,000 pounds per single axle, and 34,000 per tandem axle, with a maximum gross weight of 80,000. Gross vehicle weight (GVW) for a commercial vehicle includes the cab, trailer, and cargo combined. There are a few exceptions to this rule. For example, vehicles powered by natural gas or an electric battery may carry weights up to 82,000 pounds, under 23 U.S.C. § 127(s).
In addition, certain parts of the Interstate and National Highway Systems in New York State are covered under a grandfather provision, 23 CFR Part 658, Appendix C, which allows some vehicles to carry up to 143,000 pounds.
Check with a truck accident attorney in New York to learn where these exemptions apply and how they could affect your overweight truck collision claim.
State Regulations Governing Commercial Truck Weights
Every state has separate laws governing travel within state limits. New York VLT § 385 adopts the U.S. regulations for vehicle weight limitations on interstate highways, including the higher grandfathered GVW for certain NY highways.
This section of law also allows some vehicles to exceed federal limits on New York roads. GVW for single-axle vehicles on New York roads is 22,400 pounds, and 36,000 is the total per tandem axle. The maximum vehicle limit is 80,000 pounds for all roads in New York, aside from those exempted under federal and state law.
Local Weight Regulations for Semi-Trucks in New York
Local laws also affect weight limitations for commercial vehicles in New York. Bridges and viaducts often have posted weight limits, for instance, to prevent vehicles from overloading and collapsing these structures.
Long Island also limits weights on the municipality’s parkways. Both Suffolk and Nassau counties follow federal weight limits for roads, but with posted local restrictions on smaller roads and bridges. Suffolk County requires permits for any vehicle that exceeds federal limitations or bridge weight limits. Nassau County handles special hauling permits through the New York State Department of Transportation.
Some municipalities have established systems to monitor vehicle weight on certain thoroughfares. For example, New York City recently installed a weight-in-motion (WIM) measurement system to weigh trucks on the parts of the Brooklyn-Queens Expressway (BQE) owned by the city. The program is designed to monitor weight violations and enforce state laws to preserve roads and bridges, and future expansion of the program could see technology on the Long Island Expressway.
Other Laws that Could Affect an Overweight/Overloaded Truck Accident Claim
If you are seeking information about New York weight restrictions to support a commercial truck accident claim, there are other laws to be aware of:
- Statutes of Limitations: In New York, truck accident victims typically have three years to file a personal injury lawsuit, per CVP § 214. Wrongful death claims must be filed within two years, under EPT 5-4.1.
- Comparative Negligence: According to CVP § 1411, New York operates under comparative negligence, which means that damages are distributed based on the proportion of fault shared by the victim.
- No-Fault Insurance: New York is a no-fault state, which means all drivers must carry personal injury protection (PIP) coverage, under VAT § 312. PIP covers medical bills, lost income, and certain other damages regardless of who was at fault for the collision.
- Serious Injury Defined: Under ISC § 5102, serious injury is defined as a personal injury that results in disfigurement, dismemberment, loss of organ function, loss of a fetus, a fracture, significant limitation of use of a body part, or death. This designation helps victims establish grounds for filing a personal injury lawsuit.
- Causes of Action: ISC § 5104 defines the conditions that allow you to file a personal injury lawsuit against a negligent party who caused your accident. In a truck accident, this may include the truck operator, trucking company, or other parties.
Depending on the circumstances of your collision, other laws may apply. Since the laws governing truck accident claims can be complicated, you benefit from hiring a truck accident lawyer to guide you through the legal process.
What a Long Island Overweight/Overloaded Truck Accident Attorney Does
When you are injured because a trucking company exceeded the legal or mechanical limit of their vehicle, you have a right to seek compensation for your losses. A Long Island personal injury attorney with experience handling overweight and overloaded truck crashes can help you by:
- Securing evidence, such as driver’s logs, delivery schedules, and dashcam footage
- Proving negligence on the part of the driver or trucking company
- Submitting insurance claims and filing lawsuits against the at-fault parties
- Negotiating with insurance adjusters for a fair settlement
- Representing your interests at trial, if necessary
Reach Out for a Free Legal Consultation Today
For over 85 years, Trantolo & Trantolo has fought to protect those who’ve suffered life-changing injuries because of corporate negligence. Overweight and overloaded truck accident cases can be highly technical, but our attorneys understand how these laws work—and how to use them to protect your rights. With extensive experience, trusted experts, and a strong record of success, we stand ready to demand accountability from trucking companies that put profits over safety.
You don’t have to face powerful corporations on your own. Don’t fight solo. Let Trantolo & Trantolo, LLC fight for you. Reach out today for your free, no-obligation consultation and learn how we can help you move forward with confidence.
