If a truck driver crashes their vehicle into yours, you may be able to hold them accountable. To do so, you may want to hire a Levittown personal injury lawyer. From here, a Levittown truck accident lawyer may help you seek damages.
If you want help with a truck accident claim, Demand Rand. The Levittown personal injury lawyers at Rand Spear can put our 200 years of legal experience to work for you. To get started, contact us today.
Truck Laws
There are size and weight limitations for trucks. It is the responsibility of a trucker and their employer to follow these restrictions. Otherwise, an overloaded truck may tip or roll over, causing an accident.
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) regulations. These limit how long a truck driver can stay on the road in a given day. If a trucker violates HOS requirements, they may be prone to fatigue and exhaustion, which may lead to an accident.
You may suffer an injury in an accident in which a trucker or their employer breaks state or federal regulations. At this point, the legal team at Rand Spear The Accident Lawyer may be able to help you out. Contact us today to speak with our Levittown truck accident attorney.
Who Is Responsible for a Truck Accident
A trucker or their employer may be liable for an accident. There are other parties who may also be at fault. These include:
- Cargo loader
- Loading company
- Truck manufacturer
- Truck owner
A truck accident lawyer in Levittown can discuss personal injury case basics with you. They can help you identify any parties liable for your accident. Your lawyer may help you submit a claim for damages before your window to do so expires.
Levittown Truck Accident Lawyer Near Me (215) 985-2424
Truck Accident Claim Statute of Limitations
There is a two-year statute of limitations for truck accidents in Pennsylvania. You may have a maximum of two years from the date of your accident to pursue damages. If you decide not to submit a claim within this time frame, you may be solely responsible for your accident-related losses.
A truck accident attorney in Levittown may help you ask for economic and non-economic damages. You may pursue economic compensation for quantifiable losses. A judge or jury may award non-economic damages for subjective harm.
Commercial auto insurance is mandatory, according to the Pennsylvania Department of Transportation (PennDOT). You may request damages via an insurance claim. Regardless, there is no guarantee you will get 100% of the damages you request.
How a Truck Accident Insurance Claim Works
Like drivers of commercial vehicles, you must have insurance if you drive a car. Following a truck accident, you may notify your insurer. Next, your insurance company may work with the truck driver’s insurer to help you get damages.
In the best-case scenario, it is clear you are in no way responsible for your accident. The at-fault party’s insurer may cover your claim. You may get compensation, and you can use the money you receive to cover your losses.
Alternatively, a liable party’s insurer may dispute your claim in the hopes it will not have to pay you damages. If this happens, an attorney may negotiate with an insurance company on your behalf. They may also help you seek compensation through an injury lawsuit.
How Much a Truck Accident Case Is Worth
You may wonder how much your case is worth. An attorney can help you calculate your losses. They may encourage you to pursue damages for many reasons, such as:
- Emotional trauma
- Car repairs or replacement
- Lost wages
- Medical bills
Just because you say you deserve damages is not enough to get compensation. You are responsible for the burden of proof. If you can provide a sufficient amount of evidence and deliver a compelling argument, a judge or jury may award you full damages.
Proving Negligence After a Truck Accident
Your attorney can explain the meaning of negligence in law and how it relates to your case. To receive damages, you must show an at-fault party was negligent. This may require to prove the following elements of negligence were present at the time of your accident:
- Duty of Care: The party was legally obligated to avoid careless and reckless acts that could put you and others in danger.
- Breach of Duty of Care: This party ignored their obligation, which put you at risk.
- Causation: The party caused your accident to happen.
- Damages: You are dealing with losses as a result of the party’s actions.
Accident scene photos and videos, a police report, and other pieces of evidence may help you prove negligence. Your lawyer can help you gather proof. They can also work with you to dispute any claims against you.
Modified Comparative Negligence in a Truck Accident Case
Your lawyer can explain modified comparative negligence in Pennsylvania and how it may affect your damages. With modified comparative negligence, you may be found partly responsible for your accident. If this occurs, a judge or jury may award you less damages than what you originally sought.
For example, a judge or jury may say you are 10% liable for your accident. In this scenario, the defendant in your case is 90% at fault. Therefore, they may be ordered to pay 90% of the damages you initially requested.
Modified comparative negligence may prevent you from getting damages if you are primarily responsible for your accident. For instance, a judge or jury may find you are 51% liable. This means you are more at fault than the defendant and may not be entitled to compensation from them.
Truck Accident Case Settlement
An attorney will explore ways to help their clients get the best personal injury verdicts and settlements. You may not have to go to court to secure compensation. If the defendant in your case proposes a settlement, you may want to accept it.
Approving a settlement gives you money you can start using right away. On the other hand, you should not accept a settlement unless it gives you enough money to cover your losses. If it does not, you may want to continue with your litigation.
Your truck accident lawyer in Levittown will not pressure you to decide one way or another on an offer. They can explain the ramifications of any decision you make regarding a proposal. You have the final say on a settlement, and your Levittown truck accident attorney will encourage you to make a decision on it that lines up with your best interests.
Partner with an Attorney
You can get legal help with your truck accident claim. Rand Spear The Accident Lawyer offers legal services and support in personal injury cases. To schedule a free case evaluation, contact us today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
