Truck Crash Cases Different Says Philadelphia Car Accident Attorney Rand Spear

rural road with farm and fields
August 8, 2016
Legally Reviewed By Attorney Rand Spear, Esq.

Commercial truck accident cases are more complex, require more work, than car accident cases says Philadelphia car accident attorney Rand Spear.

Accidents involving cars and commercial trucks can be complex, which is why you should consider Philadelphia car accident attorney Rand Spear if you have been injured in a commercial truck crash. Many people have had such injuries with 6,900 heavy truck crashes in Pennsylvania in 2015, according to the Pennsylvania Department of Transportation. It was the highest number of accidents in the last five years, making 2015 one of the most dangerous years to be traveling on Pennsylvania roadways.

Spear discussed the issues involved when a commercial truck causes an accident with a passenger vehicle in a podcast available on YouTube. He states the increased number of accidents may be related to two situations happening at the same time.

  • Gas prices have come down significantly so more people can afford to fill up their tank and drive, and
  • Pennsylvania’s in the process of a major improvement of the state’s roadways so more trucks are going to and from construction sites adding to the congestion and the danger to drivers. Trucks pulling in and out of construction zones are making it even more dangerous to drive on the roadway.

“What makes a truck versus car accident case different from the legal perspective is the lawsuits are more time sensitive, evidence has to be preserved, so the quicker you go out and take a look and see what happened and what evidence you could preserve the better off you will be,” auto crash lawyer Spear says.

“You have to look at the laws concerning commercial truck drivers, the maximum hours of service, the weight and size of the truck, special insurance so there are lots of different issues that come into play when you’re involved in an accident with a tractor trailer. It’s more complicated, more time sensitive and it’s a lot more difficult to prove the facts of exactly what happened and how it happened,” attorney Spear says.

“There’s a lot more to it, a lot more involved in order to put one of those cases together for trial or to get it in a posture to try and settle it before trial,” Spear says, “There are multiple defendants. You’ve got the driver, you probably have his employer and then you have to look at the equipment. Was it a mechanical failure? Who’s the manufacturer? Is there more than one manufacture?”

Spear says a recent case involved a car accident in New Jersey and resulted in the death of the car’s driver and severe injuries to her passenger. The car was rear-ended by a semi-trailer traveling too fast on a rainy night on the New Jersey Turnpike. “The driver was killed at the scene and the passenger in the front seat couldn’t even get out of the car. He had to remain in the car for two hours looking at his girlfriend who had expired in front of him,” Spear recalls, “He suffered brain injuries and very significant physical and psychological injuries.”

Spear says “it was a very complex case,” the case went to court and as the parties were finishing picking a jury the parties settled the case. “It ended up after all of that work being a satisfactory outcome, a good resolution the client was satisfied with. Sometimes you have to go the distance. You really have to put the case together and go to court and be willing to pick the jury and try the case – let the insurance company know that you’re serious about these cases and you’re going to do whatever it takes to go to court and prove your case.”

If you or a family member live in Pennsylvania or New Jersey and have been injured in an accident involving a commercial truck, contact Philadelphia truck accident lawyer Rand Spear today at 888-373-4LAW or by form for a free consultation. You can discuss what happened, how the law may apply and your best options for obtaining compensation for your injuries.