After a truck accident, you can face complicated legal challenges. There is a great deal of money at stake, and you may need to deal with multiple defendants and insurers. Before you try to handle it all on your own, you should seek the advice of a Philadelphia truck accident lawyer at Rand Spear.
Rand Spear, The Accident Lawyer, has the legal knowledge and resources to stand up to powerful trucking companies and their insurance representatives. Our Philadelphia personal injury lawyer can take care of all of your legal concerns in the aftermath of a collision, allowing you to focus on recovering from your injuries and getting back on your feet. You do not need to face the legal system or the insurers alone because we do not back down from a challenge when it comes to helping our clients.
Truck Accidents and Legal Claims Can Be Extremely Complex
A truck accident victim can be met with opposition when pursuing a claim for compensation. For example, you may struggle to prove the extent of your injuries or the liability of the truck driver or company.
You will also face resistance or intimidation from insurance companies and their legal team, who often have deep pockets and significant legal resources.
When your future depends on the compensatory damages you receive, you should not take unnecessary chances. A legal advocate may be able to help you overcome these obstacles. Injury victims can increase their chances of achieving a successful outcome with help from an experienced Philadelphia truck accident attorney.
How an Attorney Can Help with Your Truck Accident Case
If you were hurt in a truck accident in Philadelphia, you might be unsure of what to do next. Your truck accident law firm can offer a variety of helpful services to assist you in seeking compensation following a truck accident. Here is how we make a difference:
We Protect Your Rights and Interests
Legal representation is one of the main things our law firm can offer. We can serve as your representative in court and throughout talks with insurance providers, ensuring that your rights are upheld and that you receive a just settlement or ruling. We can also offer guidance on the viability of your claim, its potential value, and the best way to pursue reimbursement.
We Investigate Your Case and Find Critical Evidence
Investigating the accident is a crucial service we provide. To ascertain who was at fault and the degree of the damages sustained, we can examine police reports, witness statements, and other evidence.
To create a compelling argument on your behalf, we may also consult with experts in accident reconstruction and other fields.
We Conduct All Communications and Handle Paperwork
We may also take care of all the paperwork and deadlines related to your claim. We can complete the required paperwork and make sure it is delivered on time. You will not have to deal with the stress and annoyance of dealing with insurance adjusters because we can speak with the insurance companies on your behalf.
We Use Our Extensive Knowledge of Trucking Industry Laws and Regulations to Bolster Your Claim
Last but not least, our firm can assist you in negotiating the complexities of the legal system. We can assist you in understanding your legal rights and options because we are aware of the complex laws and regulations pertaining to truck accidents and can help you avoid common missteps and traps that could damage your case. There can be many challenges in this type of personal injury claim, but with help from a Philadelphia truck accident lawyer, you can be assured that your rights will be protected.
Philadelphia Truck Accident Lawyer Near Me (215) 985-2424
Our Top Priority Is Establishing Fault for the Collision
Your truck accident attorney in Philadelphia will be an invaluable asset throughout the claims process. However, before your insurance claim or civil lawsuit can be successful, we must determine who is at fault for the accident. According to 75 Pa. §1705, liable parties will be expected to cover the costs when they cause severe bodily injury, death, or damages to another through negligence or misconduct.
Reckless Driving
Arguably, the top cause of trucking accidents across Philadelphia is negligent driving. This could be negligent by the truck driver operating the tractor-trailer or another motorist on the roadways. Some examples of negligent driving could include the following:
- Failure to stop
- Following too closely
- Making unlawful turns
- Distracted driving
- Failure to check blind spots
- Inability to merge safely
- Speeding
- Driving under the influence of alcohol or drugs
- Failure to yield to the right of way
- Failure to drive safely in dangerous weather conditions
- Drowsy driving
- Failure to stop at stop signs and traffic lights
- Failure to use a turn signal
Violations of FMCSA Rules and Regulations
The Federal Motor Carrier Safety Administration (FMCSA) is responsible for the oversight and regulation of 18-wheelers and commercial trucks across the United States. As such, the FMCSA has specific rules in place designed to protect both truckers and the public from catastrophic injuries and collisions. Most notable are the hours of service regulations under Sections 395.3(c)(1) and (c)(2) and weight restrictions and limitations under 23 CFR §658.17.
Here, truck drivers are only allowed to operate the big rigs for a maximum number of hours and days in a row before having to take some time off. Likewise, commercial trucks can only be loaded up to a certain weight limit before reaching the maximum threshold. When these rules are violated, the risk of injury and death rises considerably.
Sadly, many trucking companies fail to adhere to these rules and regulations. They aim to make as much money as possible and often encourage their truck drivers to violate the hours of service rules or demand that cargo loaders overload the trucks. When this happens, truck drivers can fall asleep at the wheel, and trucks can jackknife or roll over due to the excessive weight load.
Failure to Make Safety Repairs or Perform Safety Inspections
Another common cause of truck accidents is maintenance and vehicle failures. When a trucking company fails to make necessary safety repairs or perform safety inspections, dangerous big rigs may continue to operate across Philadelphia’s busiest interstates, highways, and intersections. Several parties could share the blame for hazardous commercial trucks, including:
- Truck drivers for failing to conduct safety inspections
- Safety inspectors for looking the other way or failing to perform inspections often enough
- Trucking companies for ignoring safety repair requests or failing to prioritize maintenance
- Maintenance workers for using faulty or defective parts to save money
- Motor vehicle dealerships and parts suppliers for supplying malfunctioning or defective truck parts
You should be able to rely on your truck accident attorney to thoroughly investigate and determine not only whether the collision occurred but also which party should be held responsible. Rand Spear, The Accident Lawyer, will do everything possible to ensure all parties that share responsibility for your injuries are identified so they can be held accountable to the fullest extent of the law.
Philadelphia Truck Accident FAQ
The aftermath of a commercial truck accident can be devastating. Between the emotional trauma, your debilitating injuries, and severe financial losses, it is easy to feel as though the weight of the world is on you and you alone. However, when you Demand Rand, you do not have to go through it alone.
We want you to feel confident in your decision to demand justice. For this reason, we aim to educate and inform our clients about how the claims process works and what to expect from various elements of the truck accident process. Check out our FAQ below and contact our legal team if you have additional concerns we did not address on this page.
What Does It Cost to Hire a Truck Accident Lawyer in Philadelphia?
Many attorneys handle personal injury claims on a contingency fee basis, which means they do not receive payment unless they recover money on the client’s behalf. While attorneys’ fees are normally between 33 and 40 percent of any money recovered, this range is flexible. This system eliminates the need for victims of injuries to come up with the money for legal bills upfront.
We conduct first consultations at no cost to our clients, during which we evaluate the case and discuss possible outcomes, including any expenses that may be incurred. There is little risk in learning what a lawyer can do for you. Since your legal advocate’s payment is contingent on recovering money on your behalf, the cost of hiring a truck accident law firm should not stop anyone from getting legal help.
What Damages Can I Collect After a Trucking Accident?
You have the right to be made whole. You should be compensated for every loss. Some of the most common recoverable damages include:
- Property damages – Property damages provide compensation for replacing or repairing your car and other damaged items.
- Medical expenses – This should cover all of your medical expenses, from time spent in the hospital to things like medicine, mobility aids, and continuous therapy.
- Lost wages – Loss of wages related to the treatment, care, and recovery from your injuries should be included.
- Pain and suffering – These damages are meant to compensate you financially for the pain and distress you endured as a direct result of the collision and its aftermath.
What Are Punitive Damages?
Many truck accident victims wonder whether their settlements could be dramatically increased through an award of punitive damages. However, it is important to note that punitive damages are not awarded in every personal injury case. In fact, according to 42 PA §7321.22, the Philadelphia civil courts can only award punitive damages if the defendant’s conduct is deemed to be willfully negligent, intentionally harmful, or reprehensible.
These criteria simply do not apply in most truck accident cases. However, you may have a greater chance of being awarded punitive damages if the driver that hit you was drunk, under the influence of drugs, has a history of traffic citations or recklessness on the roadways, or we determine the trucking company willfully failed to make necessary safety repairs or force their truckers to violate FMCSA rules and regulations. Of course, these are just a few examples of when punitive damages can apply, so do not hesitate to connect with your legal team to find out whether punitive damages are appropriate in your case.
How Long Do I Have to File My Truck Accident Claim?
The statute of limitations for personal injury lawsuits is generally two years under the Commonwealth’s tort laws according to 42 PA §5524. While this deadline would generally expire two years from the date of your accident, there may be several situations in which it is appropriate to pause the statute of limitations countdown temporarily. For instance, if your minor child suffered injuries or your injuries were diagnosed days or weeks after the accident, the deadline may toll until the minor child reaches the age of 18 or the day you discover the injury through a medical diagnosis.
The statute of limitations can be confusing. Working with a knowledgeable car accident attorney from Rand Spear can ensure you know how much longer you have to file your lawsuit. With our firm handling your case, you can rest easier knowing these deadlines will not impact your ability to maximize your payout.
Contact a Dedicated Truck Accident Attorney in Philadelphia to Learn More Today
Truck accidents can result in severe injuries and significant losses for victims. However, we can help injury victims pursue compensation through legal means. At Rand Spear, we offer invaluable assistance in navigating the legal process and obtaining damages by conducting an investigation, gathering evidence, negotiating with insurance companies, and providing legal guidance and support throughout the entire process.
Our primary goal is to secure a fair settlement or judgment to cover your losses, including medical expenses, lost wages, property damage, and other related costs. We are not intimidated by large corporations or insurance company counsel. Contact us today by phone or through our quick contact form to learn more about how we can help.
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