Pennsylvania – January 11, 2021

An accident occurring on I-70 near Pittsburgh resulted in fatal injury to an Ohio truck driver who was on the side of the road working on a disabled big rig when he was struck by another tractor trailer.  The driver of the vehicle that struck him may not have been aware that he hit the individual on the side of the road.  An investigation is ongoing.  Truck accident attorneys may be instrumental in guiding families who have lost a loved one in a big rig accident.

Wrongful death.

A wrongful death attorney can help victims with formal legal actions that are filed in court when a person dies because of the negligent, reckless, or deliberate act of another person, or entity.  Personal representatives and loved ones can seek compensation for their loss with the assistance of legal professionals who can work with experts to determine a dollar value for economic, non-economic and punitive damages.

Filing requirements.

Wrongful death actions, in accordance with Pennsylvania state statute, have requirements as to who can file a claim and how long they have to do it.  Family members and/or representatives of the deceased party can sue for civil damages including pain and suffering, and loss of financial support when someone is lost to the negligent act of another, but the must do so within the two-year statute of limitations.

Monetary compensation.

A wrongful death victim’s family, or personal representative can seek monetary damages that cover funeral and burial expenses, medical expenses, pain and suffering, loss of wages and potential future earning capacity, and the loss of companionship, or consortium.  Truck accident attorneys involved in wrongful death actions commonly resolve with a financial settlement offer where all parties to the action must agree upon the provision laid out for a specific dollar amount pay-out, in return for the forfeiture of the right to a trial. Damages may be broken down by those that relate to the individual who died, and those that are necessary to compensate those left behind.

  • Survival damages are calculated based on expenses related to the care in the final days of life for the deceased, as well as funeral and burial expenses.
  • Loss damages include those related to lost income, the deceased’s contribution to household upkeep, and the loss of affection and comfort to a spouse and support and guidance to children.

Liability for death.

There are state and federal regulations that require tractor trailers to be inspected and maintained on a regular basis, and requirements for drivers to be evaluated to make sure they are in good health to reduce, or identify health problems that could render them dangerous in long distance driving situations which are required of commercial trucking companies and their deadline-imposed businesses.  Identified violations could increase the liability of a driver, trucking company, or other related entities.  A personal injury attorney in Pittsburgh can identify common infractions to build a case upon including:

  1. Improper Maintenance
  2. Driver Fatigue
  3. Distracted Drivers
  4. Commercial Company Negligence
  5. Unsecured Loads
  6. Driving in Extreme Weather

Hire legal counsel.

Experienced truck accident lawyers can fight for damage recovery for families suffering a wrongful death loss. The laws and regulations related to the trucking industry can be difficult to understand without the assistance of Scanlon & Wojton Attorneys at Law,  who can assist victims of personal loss resulting from a truck accident.

Scanlon & Wojton, Attorneys at Law

Phone:  (412) 918-1241

Fax: (412) 235-7275

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Sources:

https://cdllife.com/2021/trucker-fatally-struck-by-another-truck-driver-while-working-on-disabled-big-rig/#:~:text=Pennsylvania%20State%20Police%20say%20that%2033%20year%20old,and%20may%20have%20realized%20that%20anyone%20was%20hit.

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts

https://www.nhtsa.gov/

 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *