Pennsylvania – November 10, 2020
Restrictions are enforced on drivers of commercial vehicles and large trucks to reduce dangers already posed by the size, weight, height, type of cargo load and braking distances of a commercial truck. When commercial trucking accidents occur, truck accident attorneys can navigate any necessary action toward compensation for damages. Federal and Pennsylvania State impose mandatory regulations for truck drivers that include:
- Truck drivers must keep an accurate log of their mileageand where they have driven.
- Truck drivers can only drive for a certain amount of time per day, and must stop after they’ve reached that limit.
- Tractor trailers and other commercial vehicles must be properly maintainedto ensure safety to other drivers on the roadways.
- Commercial vehicles must maintain and not exceed certain speedswhile on certain roads, specifically when pulling trailers or oversized cargo loads.
- Certain roadways, tunnels and bridges cannot be used for travel due to weight, size and cargo carry limitations including grade restrictions.
- All other safe driver responsibilities that Pennsylvania licensed drivers must adhere to including no driving under the influence, no reckless driving, and no driving without a current license.
Determination of fault.
Multiple factors will assist in the determination of fault and failure to comply with federal and state trucking regulations can impact fault and settlement award amounts. The size and weight of a large truck may result in extensive damage and serious injury compared to an accident with a passenger vehicle.
An accident attorney can explain Pennsylvania’s “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, but a plaintiff can only seek damages from the defendant if they are less than 51 percent at fault. The state also has a “no-fault” component where victims can access payment from their own insurance companies to cover certain expenses related to the accident.
An experienced accident attorney has years of personal injury experience dealing with accident claims, providing strong case actions in court that support higher monetary award requests. They can utilize expert testimony by accident scene re-constructionists, financial professionals, and medical professionals who can convey the need for higher awards based on catastrophic injury requiring lifelong medical treatment, prolonged pain and suffering, and continued negative impacts to financial stability caused by diminished, or lost present and future earnings.
Requests for compensation address economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship.
Hire legal counsel.
Experienced truck accident attorneys can build strong cases with supporting evidence, and objectively speak on a victim’s behalf in court, or with an insurance company’s legal team to yield a positive result. Call an accident attorney in the Pittsburgh area to assist with the determination of “fault” and move forward with a legal proceeding. An experienced accident lawyer at Scanlon & Wojton will fight for accident victim’s rights.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219
Phone: (412) 918-1241
Fax: (412) 235-7275