Who Can Be Held Liable for a Truck Accident in Pennsylvania?
If you’ve suffered an injury in a truck accident in Pennsylvania, getting medical care should be your top priority. A Pennsylvania truck accident lawyer can help guide you through the next steps and determine who may be responsible for your injuries. Calling a lawyer as soon as possible after the accident is important to protect your rights.
What Are Common Causes of Truck Accidents in Pennsylvania?
Truck accidents often cause serious injuries due to the massive size and weight of commercial trucks compared to passenger vehicles.
Some of the most frequent reasons truck crashes happen include:
- Truck driver fatigue from spending long hours on the road
- Distracted truck drivers not paying full attention
- Speeding, tailgating, and other reckless driving by truckers
- Poor truck maintenance leading to equipment failure
- Improperly loaded or overloaded trailers
- Insufficient truck driver training and experience
When a trucking company cuts corners on safety and puts dangerous trucks and drivers on the roads, innocent people can get badly hurt. If you suspect any of these factors played a role in your Pennsylvania truck accident, contact a lawyer immediately to discuss your case.
Who is Liable When a Truck Driver Causes a Crash in Pennsylvania?
In many truck accident cases, the truck driver bears most of the fault for the collision. Truck drivers have a duty to drive safely. A trucker who drives carelessly or breaks traffic laws and causes a crash can be held accountable for the harm they cause.
However, truck drivers aren’t the only ones who may be liable. The companies that own the trucks and employ the drivers are also responsible for their vehicles’ safety and their employees’ actions. When trucking companies fail to properly maintain trucks, pressure drivers to meet unrealistic deadlines, or put unqualified truckers behind the wheel, the companies can be held legally responsible when accidents happen.
Trucking Company Liability in Pennsylvania Truck Accidents
Trucking companies have a legal duty to ensure their vehicles are safe and their drivers are qualified. This includes regular truck maintenance and inspections, proper cargo loading, thorough background checks, and driver training.
When a trucking company neglects these responsibilities, and an accident happens, the company can be held liable for the resulting injuries and damage. A Pennsylvania truck accident lawyer can hold the trucking company accountable if their negligence contributed to your crash.
Cargo Loader Liability in Pennsylvania Truck Accidents
Improperly loaded or overloaded cargo can make trucks difficult to control and more likely to jackknife or rollover. The companies responsible for loading trucks have a duty to follow proper procedures and weight limits.
If a cargo loader fails to secure the load correctly or overloads the truck beyond its safe capacity, it may be liable if the cargo shifts during transport and causes the driver to lose control and crash. Your Pennsylvania truck accident lawyer can investigate whether improper loading played a role in your accident.
Truck Manufacturer Liability in Pennsylvania Truck Accidents
Trucks can have defective parts that fail and cause accidents like all vehicles. If faulty brakes, tires, coupling devices, or other equipment cause a truck crash, the manufacturer of the defective part may be liable for the injuries that result.
Truck manufacturers must produce parts and vehicles that are safe and free of defects. Manufacturers can face responsibility under product liability law when they fail in their duty and sell dangerous trucks. A Pennsylvania truck accident lawyer can determine if a defective truck caused your crash.
Truck Mechanic Liability in Pennsylvania Truck Accidents
Trucks need frequent maintenance and repairs to operate safely. Trucking companies often outsource this work to truck servicing companies and mechanics. These mechanics have a responsibility to competently perform inspections and repairs.
If a truck mechanic is careless in their work and fails to notice or properly fix a dangerous issue with a truck, the mechanic may be liable if that issue later causes an accident. Your Pennsylvania truck accident lawyer can review maintenance records and work with professionals to identify negligent repairs.
A knowledgeable Pennsylvania truck accident lawyer can thoroughly investigate your case to identify all the potentially liable parties. These may include the truck driver, trucking company, cargo loader, truck or parts manufacturer, truck mechanics, and other third parties. Reach out to a Pennsylvania truck accident attorney as soon as possible after a crash to discuss who may be held responsible in your case.
What if the Truck Driver Doesn’t Work for a Trucking Company?
Some truck drivers are owner-operators who work for themselves as independent contractors instead of being employed by a trucking company. If an owner-operator truck driver hits you, there may not be a trucking company to hold you accountable.
However, in many cases, independent truck drivers are operating under contract with a larger company at the time of a crash. If the contracting company hires an unfit driver, it can share liability for the accident. Owner-operators are also required to carry ample commercial truck insurance. A Pennsylvania truck accident lawyer can determine the liable parties and insurance coverage in an owner-operator crash.
What Compensation Can You Get From the Parties Liable for Your Pennsylvania Truck Accident?
Under Pennsylvania law, truck accident victims can seek monetary damages from the at-fault parties to compensate for the full extent of their injuries and losses. A successful truck accident claim may provide payment for the following:
Hospital bills and costs of ongoing medical treatment- Lost income from missing work during recovery
- Projected losses in your future earning capacity
- Pain, suffering, and diminished quality of life
- Property damage to your vehicle
Of course, no amount of money can ever erase the trauma of suffering an injury in a serious crash. However, holding the liable parties accountable can provide a sense of justice and financial security to allow you to move forward. Talk to a Pennsylvania truck accident lawyer about what your case may be worth.
How Can a Pennsylvania Truck Accident Lawyer Help Prove Liability?
Proving fault for a truck accident is often much more complicated than a typical car accident claim. Trucks are large commercial vehicles subject to strict federal and state regulations. Building a case requires in-depth knowledge of the trucking industry and the applicable laws.
An experienced Pennsylvania truck accident lawyer will know how to gather and preserve important evidence like:
The Truck’s “Black Box” Data Recorder
Most commercial trucks have an electronic data recorder (EDR), a “black box.” This device captures information about the truck’s speed, braking, hours of operation, and other factors in the moments before a crash.
The data on the EDR can provide valuable evidence of truck driver negligence or violations of trucking regulations. However, trucking companies may try to withhold or destroy black box data after an accident. Your Pennsylvania truck accident attorney can take quick action to preserve this evidence.
The Truck Driver’s Logs and Cargo Manifests
Truck drivers must keep detailed logs of their time on and off duty, rest breaks, and service hours to ensure compliance with federal regulations and prevent fatigued driving. Examining these logs may uncover truck accidents caused by tired truckers.
Cargo manifests document the contents, and manufacturers can be held responsible under product liability law when they fail in their duty and sell dangerous trucks or improperly secured trailers. Your Pennsylvania truck accident attorney will demand access to these important records.
Trucking Company Maintenance and Inspection Records
Trucking companies are required to regularly inspect and maintain their vehicles. They must keep records documenting this maintenance. If faulty brakes cause a truck crash, bald tires, or other mechanical issues, company maintenance records may reveal a pattern of neglected upkeep.
Your Pennsylvania truck accident lawyer can subpoena the trucking company’s records to determine if negligent maintenance led to your crash. If the company destroyed or falsified records, your lawyer can bring a spoliation of evidence claim against them.
Results of Post-Accident Drug and Alcohol Testing
Truck drivers who cause accidents are required to submit to drug and alcohol testing under federal law. A positive test result can provide strong proof that the truck driver was intoxicated at the time of the crash. Refusal to submit to testing carries a presumption of impairment.
Your Pennsylvania truck accident lawyer can obtain the results of any post-accident testing and use them as evidence of negligence against the driver and trucking company. If testers do not conduct the necessary testing, your lawyer may argue for an adverse inference against the company for failing to comply with the law.
The Truck Driver’s Training and Driving History
Trucking companies have a legal duty to hire qualified drivers and provide proper training. Suppose a company fails to perform a thorough background check on a driver and the driver has a history of reckless driving or accidents. In that case, the company may be liable for negligent hiring.
Inadequate driver training by the trucking company can also be used as evidence if the company’s practices fail to meet industry standards. To support your claim, your Pennsylvania truck accident lawyer can investigate the driver’s history and the company’s hiring and training policies.
How Long Do You Have to File a Pennsylvania Truck Accident Lawsuit?
Knowing you have limited time to take legal action after a truck accident in Pennsylvania is important. In most cases, the statute of limitations gives you just two years from the crash date to file a personal injury lawsuit. If you miss this deadline, the court will likely dismiss your case.
A few rare exceptions can extend the deadline, such as when the accident victim is a minor. But in general, two years goes by very quickly. The sooner you contact a Pennsylvania truck accident lawyer, the more time your lawyer will have to build a strong case before time runs out.
How Much Does it Cost to Hire a Pennsylvania Truck Accident Lawyer?
The idea of taking on a big trucking company can feel overwhelming, especially when you are already struggling with painful injuries and financial stress after an accident. You may worry that you can’t afford to pay a lawyer on top of your growing medical bills and regular expenses.
Fortunately, most Pennsylvania truck accident lawyers work on a “contingency fee” basis. That means you pay nothing upfront to hire a lawyer. Your initial consultation is free, and you don’t owe any legal fees unless and until your lawyer recovers compensation for you. Your lawyer takes an agreed-upon percentage of your settlement, or the court will award their fee when they resolve your case.
With a contingency fee arrangement, anyone can afford quality legal representation after a truck accident. You pay nothing out of pocket; your lawyer only gets paid if you do. Ask any lawyer you consider hiring whether they work on contingency.
When Should You Contact a Pennsylvania Truck Accident Lawyer?
The aftermath of a truck accident is a confusing and stressful time. The trucking company’s insurance representatives may contact you, asking for a statement and pushing you to accept a quick settlement. You mustn’t discuss the accident with the trucking company or their insurer without first speaking to your lawyer.
Attorney Cheryl Penrod, Pennsylvania Truck Accident Lawyer
The insurance company aims to minimize payouts and close claims as cheaply as possible. They do not have your best interests in mind. Let your Pennsylvania truck accident attorney handle all communications with the insurance company and advocate for the full and fair settlement you deserve.
In your best interest, contact a lawyer as soon as possible after a truck accident while the evidence is fresh and before you’ve said anything to the other side that can be used against you later. However, if some time has passed since your accident, don’t assume it’s too late to take action. Reach out to a lawyer right away to discuss your rights and options.
Get a Free Consultation With a Pennsylvania Truck Accident Lawyer
Truck accident cases are high-stakes matters that require the guidance of a skilled Pittsburgh personal injury lawyer. If you’ve suffered an injury in a commercial truck crash, speaking to an attorney about your legal rights is the most important thing you can do. Don’t try to take on the trucking company and their insurance legal team alone.
