A recent tanker truck accident involving a rollover caused a combustible load to set fire, leaving three people injured in mid-November near Philadelphia.  The Philadelphia area is a bustling region for commerce and transportation because it is central to waterways, shipping hubs and expanding distribution facilities in counties surrounding Philadelphia, with its access to the heavily used Schuylkill Expressway and Pennsylvania Roadways of Interstate 78, Route 222, Route 309, and the Pennsylvania Turnpike.  A truck’s heavy weight and length can compromise maneuverability and braking distances leading to crash, jackknife and rollover scenarios where multi-vehicle involvement may occur and damages are more than insurance will cover.  Contact an attorney regarding injury or loss of life from a truck accident to determine if negligence played a part and if legal action is required.

Deadlines and driver error.

Commercial trucking companies are deadline-imposed businesses and sometimes driver errors may be the cause of an accident due to safety law violations when tired drivers, or overloaded cargo increase the chance for a roadway accident.  Pennsylvania commercial trucking laws are in place in concert with federal laws, including routine inspection and maintenane, to protect the public and reduce motor vehicle accidental injury and damage from tractor trailer mishaps.

Common violations of Pennsylvania trucking rules.

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

Severe damages require insurance coverage.

The size of large fuel carrier trucks impacts the severity of accidents, and the increased incidents during roadway travel.  A tractor-trailer is approximately 65 feet in length and can weigh up to 80,000 pounds when fully loaded, causing any type of crash between it and another moving vehicle, stationary object or person to be more catastrophic and/or fatal in terms of injuries.  Approximately 16% of the time the fault falls with the driver of the truck when a multi-vehicle accident occurs.  Federal regulations require tractor-trailer trucks to carry various levels of insurance coverage, based on the transported cargo. The state of Pennsylvania requires a tractor trailer truck to carry a much higher minimum liability insurance policy than a passenger vehicle.

If you have been involved in an accident with a truck that causes you lost wages, physical pain, change in lifestyle, or wrongful death to a loved one based on negligence, you are entitled to compensation to address any negative or costly impacts to your life. Injuries stemming from truck accidents may include wrongful death claims, brain and spine injuries and amputations to name a few of those that are life-altering and costly long term events.

Negligence impacts settlements.

When an individual fails to exercise the degree of care expected of someone in a similar situation, and it results in an injury of some sort, it is called “negligence.” The basis for most civil lawsuits is established at the state level and in Pennsylvania the negligence laws stipulate that damages are proportionate to the claimant’s degree of fault, but Pennsylvania utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages in a Pennsylvania personal injury claim but if fault was more than 50% responsible, a party is not able to recover compensation for any accident expenses.

Hire legal counsel.

Contact The Wilk Law Firm  to determine “fault” and actions toward a legal proceeding to address any damages and injuries sustained.  If you or a loved one has been injured in an accident with a truck, you need an experienced truck accident lawyer to fight for your rights.

Wilk Law, LLC

920 Paoli Pike
West Chester, PA 19380
Phone: 855-WinForU
Email: [email protected]

Sources:

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/