The size of a truck can increase the amount of damages sought after because injuries are often more severe. It is best to contact a knowledgeable truck accident attorney to assist in insurance settlements or legal claims if you are involved in an accident.

Transport location.

Philadelphia 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.  The increased numbers of bustling commercial trucks further crowd the busy roadways for commuters as they navigate their way to delivery locations, sometimes causing accidents based on trucking violations.

Deadline imposed business.

Commercial trucking companies are deadline-imposed businesses and sometimes there may be driver errors due to violations of safety laws where tired drivers, or overloaded cargo increase the chance for an accident to occur.  Pennsylvania commercial trucking laws purpose is to protect the public and reduce motor vehicle accidents. There are state and federal regulations that require tractor-trailer trucks to be inspected and maintained on a regular basis.

Common violations of Pennsylvania trucking rules include:

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

Fault increased for truck drivers.

Approximately 16% of the time the fault falls with the driver of the truck when a multi-vehicle accident occurs.  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.  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.

Seek compensation.

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 based on the negative impact 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 negatively life-altering events.  A legal professional may help you to determine the damages caused by possible negligence and reckless driving that may remedy any loss.

Negligence determination of fault and fiscal responsibility.

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.

Call an accident attorney 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. The laws and regulations related to the trucking industry can be difficult to understand. The experienced legal professionals of Metzger & Kleiner may be able to help.

Law Offices of Metzger & Kleiner

1500 John F. Kennedy Boulevard, #1204

Philadelphia, PA 19102

Phone:  215-567-6616

Facsimile: 215-561-6326

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/