- Philadelphia Truck Accident Lawyers Look For Liability
- How Do You Determine Who Is Liable For A Truck Accident?
- Why Are Philadelphia Truck Accident Claims Are So Complex?
- Common Truck Accident Injuries
- Common Truck Accident Causes
- What Types Of Compensation Will A Truck Accident Lawyer Fight For?
- Insurance Company Tactics To Reduce Claim
- Get a Free Consultation With A Philadelphia Truck Accident Lawyer Today
The most current data available from the National Highway Safety Administration shows that there are over 15.5 million registered commercial vehicles operating on our roads today.
Of that 15.5 million, 11 million are tractor-trailer or semi-trucks. That data also states that at any given time of the day or night, there are at least 3.5 million trucks operating on the roads.
With so many of these large vehicles on the road, it is easy to understand how truck accidents occur.
If you have been involved in a trucking accident, it is crucial for you to speak to a Philadelphia truck accident lawyer as soon a possible.
Truck accident claims are quite complex and require special knowledge and skills to maneuver.
Also, see Philadelphia car accident lawyer.
Philadelphia Truck Accident Lawyers Look For Liability
When you are involved in any type of accident, the injured party must be able to show that the other party was at fault for the accident. When the fault is established, the insurance company will pay to compensate the injured party for their financial losses.
Establishing who is at fault or liable for a truck accident is more complicated than with a regular passenger vehicle event.
The way that the commercial trucking industry is set up, there could be multiple parties responsible for one event. Or, in some cases, a party that is responsible for the event that was not the actual driver.
The complex nature of a truck accident compensation claim makes it necessary for any injury victim to have a trucking accident attorney represent their claim.
Rosengard Law Group Philadelphia truck accident attorneys understand the intricacies of this industry and will be able to help establish liability so that a claim can be made.
How Do You Determine Who Is Liable For A Truck Accident?
Unlike many other accident claims, there are several parties that can be held accountable for a trucking accident. The parties that may be held liable for a truck accident include:
- The Driver
- The Trucking Company
- The Freight Shipping Company
- The Owner of the Trailer if other than the Driver or Trucking Company
- Maintenance Companies
- Truck Manufacturer or Part Manufacturer
- Contractors Involved Anywhere in the Shipping Process
We will examine the evidence of the case and all federal and state laws to help determine who was at fault for the accident.
Sometimes proving liability can be a little more difficult if the driver was an independent contractor. When this happens, your attorney will have to show that any party outside of the driver has a duty of care to the injured party based on the amount that the party was involved in the events leading up to an accident.
For instance, if an independent contractor is involved in an accident in a truck that has been supplied for the job, the owners of the truck will have a duty to make sure that the truck is in good operating order to be used on the road.
If the accident is caused because faulty maintenance on the truck forced the brakes to go out and cause the accident, the company that owns the truck holds liability for the accident.
To prove liability in any case, your attorney must show the following:
- The company had a Duty of Care (responsibility) to act safely
- The company breached that Duty which caused an accident
- That the accident led to the injuries of the victim
- The injuries caused the victim financial losses
We’ll show how each party named in your claim for compensation fits the above guidelines.
Your attorney will have to establish clear and solid evidence of who is responsible for the accident to help avoid complications in the compensation process.
Rosengard Law Group’s attorneys and legal assistances will complete a full investigation into the following areas:
- Physical Evidence: All the physical evidence from the accident will be examined, including pictures of road debris that was at the scene of the accident. All of this information is necessary for a complete accident reconstruction to be completed.
- Video/Photographic Evidence: Surveillance videos, red light camera videos, and pictures taken at the scene will be researched for additional evidence to the cause of the accident.
- Police Reports and Witness Statements: These statements will be reviewed for information that may not have been evident in the photos or physical evidence. Additionally, witnesses may be questioned for information on what they have seen.
- Forensic Evidence: It may be necessary to contact forensic engineers or scientists to look at the evidence to determine fault for the event. While this is not common in most cases, this service is available to prove responsibility.
- Electronic Truck Data: Trucking companies have “black boxes” on their vehicles to help track the movement and use of their vehicles. These boxes record speed, braking times, and length of hours that the vehicle was in operation prior to the accident. All of this information can be very important in proving the cause and fault of the accident.
- Driving Records: Driving records of all parties involved can help establish a pattern of behavior on the road. Excessive tickets or accidents on a record can show a predisposition to acting recklessly on the road.
By using all of this information, as well as any other evidence gathered and statements made, the attorney can prove the cause of the accident and the responsible party.
Law firms that have managed trucking accident claims understand the complexities of this unique industry. Accidents are never as simple as the truck driver was negligent. There are always other factors that come into play.
Injury victims will always find it in their best interest to work with an attorney or law firm that has the skill set necessary to deal with a trucking accident claim. Without the right knowledge of how to manage a trucking accident claim, the law firm may not be able t secure all of the benefits available to the injury victim.
If you have been injured in a commercial trucking accident, contact a trucking accident lawyer to review your case.
Why Are Philadelphia Truck Accident Claims Are So Complex?
The trucking industry is responsible for moving the majority of our goods in the United States. Because they move goods over state lines, federal regulations and laws apply to this industry.
Additionally, when a truck is in any state, they must also be compliant with all of the state laws concerning driving a truck.
Since so many laws are involved, it is important to work with a Philadelphia truck accident lawyer who has a working knowledge of this industry and its laws.
To make matters even more complex, many trucks are covered by multiple insurance policies.
There may be a personal policy of the driver, a policy for the company that the driver is working for, and a policy for the shipment itself.
Establishing which insurance company is responsible for the accident claim is also a complex issue.
The best way to alleviate all of this confusion is to allow an attorney to represent your claim. When you let your lawyer worry about the complexities, you can focus on your recovery.
Call us today and speak with a knowledgable Philadelphia truck accident attorney: 833-323-4448
Common Truck Accident Injuries
It does not take too much thought to realize that the smaller vehicle in a truck accident is going to have serious damage and that the passengers of that vehicle will most likely have serious injuries.
A semi-truck is 70 feet long with the tractor and trailer together and can weigh up to 80,000 pounds. The average passenger vehicle is 15 feet long and weighs around 6,000 pounds. The size and weight difference result in life-changing injuries in the smaller vehicle.
Common injuries that occur in a truck accident include:
- Head Trauma and Traumatic Brain Injuries
- Neck and Spinal Cord Injuries
- Severe and Multiple Lacerations
- Fractures, Often Multiple
Most people will suffer from multiple injuries during a truck accident. Sadly, nearly 25 percent of all truck accidents result in at least one death.
Many people who have been involved in a Philadelphia truck accident face long term medical care and sometimes will require lifetime care for their injuries.
It is important that you have quality legal representation so that you can secure the compensation you need to cover these medical expenses.
Common Truck Accident Causes
Even though an accident can occur for any reason, there are some reasons that are more common when it comes to truck accidents in Philadelphia.
The most common reasons for these events include:
Over Tired Driver
Sadly, many trucking companies schedule delivery times that are too quick. The drivers often have to work for extended periods of time or at excessive speeds to meet these deadlines, which are both against the law.
Truck drivers are required only to work a specific number of hours each day and must take a rest break to stay safe. Those who violate this law often become too tired to drive, which leads to accidents.
Distracted driving has increased in the trucking industry as handheld devices have become so popular. Just like in a passenger vehicle, it is illegal for a truck driver to use a handheld device while operating their truck.
Driving Under the Influence
Although the statistics for truck drivers operating their vehicle under the influence has steadily decreased over the last twenty years, it still plays a factor in Philadelphia truck accidents.
It should be noted that many truck accidents are also attributed to over the counter medications that make drivers too sleepy to operate their vehicle.
Trucks need a much larger space to turn right safely. Some truck accidents occur when a smaller vehicle comes up on the right-hand side of the truck when they are trying to turn.
Stopping Too Quickly In Front of A Truck
The size and weight of a semi-truck require it to have more room to stop. If you pull in front of a truck and then use your brakes, it may be impossible for them to stop in enough time.
A truck that is not properly maintained can be an accident waiting to happen. Improper care of tires, brakes, or other critical parts can lead to an accident.
Rain, snow, ice, and fog are all dangerous to drive in, regardless of what vehicle you are operating. However, driving a vehicle that is 70 feet long and weight 80,000 pounds is even more dangerous for everyone around the vehicle.
What Types Of Compensation Will A Truck Accident Lawyer Fight For?
There is no easy way to place a value on the compensation that you are entitled to for your losses in a truck accident. Your attorney knows that the injuries you received have caused you physical, mental, and financial harm. They also understand that every accident is different and must be treated as an individual event. Compensation must be based on the facts of the case.
There are many different forms of compensation that may be available to you. Your attorney will explain every form of compensation available to you based on your case and the approximate amount you should anticipate for that type of compensation. The most common forms of compensation include:
- Medical Costs: All medical costs associated with your injuries will be covered in your compensation. This is a standard form of compensation that all injury victims are entitled to receive. This form of compensation will also account for any future medical care costs that you may need for your injury.
- Lost Wages: All wages that you did not receive because you had to miss work due to your injury will be included in the compensation. This may also include any bonuses, benefits, or contributions that are provided by your employer when you are working.
- Future Earning Capacity: If your injuries affect your ability to return to work in any way, you are entitled to loss of future earning capacity. This includes only returning to work part-time, returning to a lesser position with lower pay, or not being able to return at all.
- Service Costs: If you have had to hire someone to complete tasks that you normally complete around your home because of your injury, these expenses can be included in your compensation. Some of these expenses may include yard work, dog walking, grocery shopping, child or elderly care, or cleaning and laundry services.
The following non-economic types of compensation may also be available to you based on the facts of your case:
- Pain and Suffering
- Emotional Duress
- Scarring and Disfigurement
- Loss of Enjoyment of Life
- Loss of Consortium
Compensation types and amounts will all be determined by the facts of your case. This will be discussed with you during one of your meetings with your attorney.
Insurance Company Tactics To Reduce Claim
Anyone who has been involved in an accident should be aware that the insurance company will try to use certain tactics against them to reduce the amount of their claim for compensation. These tactics are unjust and, in many ways, acts of “bad faith.” The best way to avoid these tactics and the results of those tactics is to have legal representation during the compensation process.
Insurance companies will use the following tactics to reduce the claim:
- Deny or Delay Treatment: Insurers often delay or deny medical care in an effort to get the person to pay for these services themselves or to forgo the procedure. It is important to remember that insurance companies are not medical professionals. If your care provider stated that you need the procedure, you need it, regardless if the insurance company wants to pay. The insurer is obligated to cover all of the medical care you need to be made whole.
- Offer Settlements Too Quickly: It is not unusual for insurance adjusters to offer a settlement within 24 hours of the accident happening. They believe that if they throw out a figure that seems “fair,” the person will accept it quickly and relieve the insurance company of their obligation. However, injury victims should avoid this at all costs. It is impossible to know the extent of your injuries and losses so soon after the accident, and accepting this low-ball early settlement could actually cause you financial harm.
- Monitor Your Social Media: The insurance company will begin monitoring your social media accounts right from the moment that you make a claim. They will search for any “evidence” they can find to show that the accident was your fault or that your injuries or losses are not as great as you claim. Anything you post on social media can be viewed poorly by the insurance company. Something as simple as saying “I am having a great day today” could be viewed as your pain is gone, and your injuries are healed when all you really mean is that you were actually able to get through physical therapy without crying from the pain. Limit your posts while your case is open.
Truck accidents are very unique events that must be handled by an attorney that has extensive knowledge of the trucking industry. The nature of the trucking industry means that there is a potential for multiple responsible parties for the accident. Without an experienced attorney, the injury victim could lose out on compensation that they should receive. To avoid this issue, contact an experienced trucking accident attorney as soon as possible after the accident occurred.
Get a Free Consultation With A Philadelphia Truck Accident Lawyer Today
We are a contingency-based law firm that helps truck accident victims. What this means is that you never pay a fee for our services until we win your case.
Starting with the free consultation, you will not pay anything until we win. And, at that time we only make a percent of the settlement, so our payment doesn’t come out of your pocket.
There is no reason to delay speaking with an attorney. Protect your rights and schedule a free consultation with a Philadelphia trucking accident lawyer today. Call 833-323-4448