If you suffer an injury in a commercial truck accident, you may not be responsible for any costs associated with it. You can work with an experienced Pennsylvania personal injury lawyer to demand justice from the truck driver and any other at-fault parties. Your skilled legal advocate should be by your side throughout the claims process.
Your Pennsylvania truck accident lawyer with Rand Spear could help you win or settle your Pennsylvania truck accident case. For more information, please get in touch with us. After scheduling your free consultation, you can meet with our team to discuss your case in detail.
What to Do After a Truck Accident in Pennsylvania
If you are involved in a truck accident in Pennsylvania, call 911. Medical personnel will then arrive on the scene to assist you and anyone else who may be injured. In addition, police officers will meet with you and anyone else involved in your accident and put together an accident report.
You should not forgo medical treatment after your truck accident, even if you have concerns about the costs associated with it. If you suffer an injury, it is in your best interests to understand and treat it. Of course, you should keep track of any medical bills you receive, as they may serve as evidence for your Pennsylvania car accident lawyer to use.
Along with these things, it pays to contact Rand Spear The Accident Lawyer after a truck accident in Pennsylvania. At this point, you can connect with a truck accident lawyer in Pennsylvania who can get information about your case. To get started, please reach out to us today.
How to Determine if Now Is the Right Time to File a Truck Accident Lawsuit
Pennsylvania has a two-year statute of limitations for personal injury claims under 42 Pa. §5524. This means you have up to two years from the date of your truck accident to seek compensation from anyone responsible for the incident. If you choose not to file a personal injury lawsuit during this time, you cannot do so at a later date.
A truck accident attorney in Pennsylvania can review your case and help you decide if now is the ideal time to pursue damages. If the answer is yes, we will ensure your lawsuit is filed according to the Commonwealth’s statute of limitations. We will also ensure you seek the most compensation possible.
You may be able to ask for thousands of dollars in compensation during a truck accident lawsuit in Pennsylvania. When you have an experienced Pennsylvania truck accident lawyer at your side, you can present a solid argument to get the compensation you want. Your lawyer will work with you to ensure you present an argument that makes it clear to a judge or jury why you deserve the maximum amount of damages.
Pennsylvania Truck Accident Lawyer Near Me (215) 985-2424
Truck Accident Claims Often Involve Multiple Liable Parties
Your dedicated legal advocate with Rand Spear will be responsible for identifying the at-fault party. You can rely on our team to conduct a comprehensive investigation into the cause of your collision to determine who should be held accountable for your damages. Some of these losses may be recovered by filing a claim with the insurance company.
However, it is not unusual for insurance settlements to be insufficient. They are often unable to fully compensate injury victims for their damages. This is because insurance policies pay out on claims based on policy limits and covered losses.
It is not unusual for accident cases to have several liable parties. It is critical that we uncover every individual or entity that contributed to your truck accident so we can hold them accountable for their negligence. Here are some of the parties we sue most often for damages after a big rig collision:
Negligent Truck Drivers
Truck drivers are some of the most common parties to hold accountable after a trucking wreck. This is because individuals who hold a commercial driver’s license (CDL) are held to a higher standard by the Federal Motor Carrier Safety Administration (FMCSA), according to the FMCSA CDL Compliance Team. Here, truck drivers must operate their big rigs as safely as possible, or they could be held to account if they are found responsible for causing a collision through one or more of the following types of negligent driving:
- Driving over the speed limit
- Failure to stop or yield
- Making unlawful turns
- Distracted driving
- Impaired driving
- Failure to conduct safety inspections
- Driving an overloaded big rig
- Failure to check blind spots
- Following too closely
- Fatigued driving
Truck drivers can also be sued if they are found to be in violation of FMCSA hours of service regulations under 49 CFR Parts 300-399. Here, truckers have a limit on the maximum number of hours and days in a row they can work. This restriction helps reduce instances of drowsy driving, which, according to the National Highway Traffic Safety Administration (NHTSA), caused upwards of 680 fatal collisions in 2021.
Irresponsible Trucking Companies
The trucking companies that employ the truck driver and own the tractor-trailers are also often named in commercial truck accident lawsuits. These trucking companies often encourage their truckers to violate FMCSA work-hour regulations to boost productivity and save money. However, this is not the only mistake that can lead to catastrophic injury or death.
Trucking companies are also sued when they fail to make necessary repairs to the big rigs or fail to do their due diligence when hiring truck drivers. When safety repairs are necessary or trucks should be retired, and trucking companies fail to follow the recommendations of their professional maintenance technicians, they may be liable if defective truck parts or dangerous equipment caused the trucking accident. Trucking companies are also legally required to do their due diligence when hiring truck drivers, which would include conducting drug and alcohol testing, thoroughly vetting applicants by checking their employment and driving histories, and conducting intensive interviews prior to hiring.
Other Parties Who Often Share Partial Blame
Not only truck drivers and trucking companies are found culpable after collisions. The exact circumstances of your case will give us a better idea of who should be brought to justice. Some of the other individuals or entities who could share partial blame include:
- Cargo loaders that violate the U.S. Department of Transportation’s Federal Highway Administration’s 18-wheeler weight limit restrictions
- Maintenance technicians that use recalled, defective, or faulty parts
- Tractor-trailer dealerships and manufacturers for failing to issue recalls or knowingly using parts that have been known to malfunction
- Local dram shops that oversold or served alcohol to a truck driver who is already visibly impaired according to Pennsylvania dram shop liability laws under 47 P.S. §4-493(1)
- The Pennsylvania Department of Transportation, the Commonwealth of Pennsylvania, or local municipalities for failing to properly maintain the integrity of the interstates, state roads, highways, city streets, and other roadways
How to Handle Shared Fault Claims in the Commonwealth
While discussing blame for your trucking accident, it is important to prepare for how the defense plans to approach their case. Pennsylvania follows the 51% bar modified comparative negligence rule under 42 Pa C.S.A. §7102. Here, if you share blame for the accident, if your portion of fault exceeds 51%, you lose the right to recover compensation through a personal injury lawsuit.
However, if your portion of liability is less than the bar limit, instead of being prohibited from recovering compensation, your settlement will reflect a deduction that correlates with your percentage of liability. For example, if you were driving 5 mph over the speed limit when you were hit by an intoxicated truck driver, the judge might find you 5% liable for your injuries. If the jury presiding over your case awarded you $300,000, 5% would be deducted from it, leaving you with a settlement of $285,000, which is a $15,000 deduction.
How Much Time It Takes to Resolve a Pennsylvania Truck Accident Lawsuit
A Pennsylvania truck accident lawsuit is unlikely to be resolved right away. You can file a lawsuit but may wait months or years before your case goes to trial. In the meantime, your legal team continues to look for ways to strengthen your case.
We can gather evidence to support your request for damages. Evidence that can be used in a truck accident trial includes medical bills, pay stubs, and other documents highlighting the accident’s financial impact. You may also seek witnesses that can testify on your behalf.
If a defendant finds you have a strong case against them, they may be inclined to propose a settlement. The defendant and their lawyer may offer a settlement in the hopes that you will accept it to close the case. However, when you have a truck accident law firm with a great track record with personal injury verdicts and settlements, you should feel no pressure to accept an offer that falls short of your expectations.
How to Approach a Settlement Offer in a Pennsylvania Truck Accident Case
When you get a settlement offer in a Pennsylvania truck accident case, you should review it with your truck accident attorney in Pennsylvania. We can weigh the proposal’s pros and cons. On top of that, we can answer any questions you have regarding the offer.
You have the final say on whether you move forward with a settlement. We can provide insights into each offer and help you make a decision that aligns with your best interests. For instance, it may not always be wise to accept a first settlement offer from the liable party.
If you decline a settlement proposal, you do not have to worry about what will happen from here. In this scenario, your lawyer notifies the defendant and their attorney, and they may propose another settlement. Even if they do, you do not need to accept an offer unless it is exactly what you want.
What to Expect In a Truck Accident Trial
When your truck accident trial begins, we will argue for damages. We will present evidence and witness testimony to support your request for compensation. Meanwhile, the defendant and their lawyer will dispute your request for damages and try to get a judge or jury on their side.
A truck accident trial can take hours or days to complete. No matter what the defendant and their attorney attempt, we will put you in the best position to succeed. To do so, we will prepare you for your trial and ensure you know what to expect as your litigation goes before a judge or jury.
After each side presents their respective arguments, a judge or jury will decide whether to award damages. If the court finds that the defendant is fully responsible for your truck accident, you will receive 100% of the losses you initially requested. They will be required to pay damages to you, allowing you to move on from your case at last.
Pennsylvania Truck Accident FAQ
What Is the Personal Injury Law in PA?
The Commonwealth personal injury laws allow an individual to sue after being involved in an accident or suffering devastating injuries caused by someone else’s negligence. These damages can include compensation for loss of enjoyment of life, pain and suffering, lost income, medical expenses, and even skin scarring or disfigurement. The burden of proof in personal injury claims is based on a preponderance of the evidence under 42 Pa. Chapter 55.
What Is Serious Bodily Injury in PA Law?
Enduring a severe bodily injury caused by someone else’s negligence builds a strong case against the at-fault party. According to 18 PA §2602, a severe bodily injury is any “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” However, you may also have grounds for a truck accident claim if you suffered minor injuries or emotional trauma.
Can You Sue for Pain and Suffering in PA?
Yes, you can sue for pain and suffering by filing a personal injury lawsuit against the liable party. 75 Pa. §1705 describes what pain and suffering entails and when you have grounds to sue. Pain and suffering is a non-economic loss that must be quantified to ensure you are compensated fairly.
Hire a Highly Skilled Truck Accident Lawyer in Pennsylvania Today
Rand Spear The Accident Lawyer and the team with Rand Spear are prepared to aggressively pursue fair compensation in your case. Get help from a Pennsylvania truck accident attorney you can rely on. To learn more or request a free case evaluation, please contact us today to request a 100% free consultation.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
