Norristown Truck Accident Attorney
It is devastating when you are in a crash with a large truck. Due to their size, trucks can cause life-threatening injuries and completely total your car.
Recognizing the significant risk that these large trucks pose to others on the road, both federal and state governments require truck drivers to comply with regulations regarding how many hours they can drive without a break, how to load cargo properly, and how to conduct appropriate inspections.
While many drivers are careful to abide by these rules, violations still occur at an alarming rate, often causing significant harm to car drivers and passengers.
If you were injured in a truck accident and want to learn more about your legal options, please contact an experienced truck accident attorney at The Levin Firm Personal Injury Lawyers today for a free consultation.
How a Montgomery County Truck Accident Lawyer Can Help You
After a truck accident, getting clear answers and fair compensation can be challenging. An experienced attorney can guide you through the legal process and protect your rights from the very beginning.
Investigating the Cause of the Crash
A truck accident lawyer will conduct a thorough investigation to determine exactly what happened. This may include:
- Reviewing accident reports and evidence
- Interviewing witnesses
- Working with accident reconstruction experts in complex cases
This process helps establish fault and build a strong foundation for your claim.
Identifying All Liable Parties
Truck accidents are often more complex than typical car crashes because multiple parties may be responsible, including:
- The truck driver
- The trucking company
- The cargo or freight company
- Maintenance or repair providers
Your legal team will work to identify every liable party and uncover all available sources of insurance coverage.
Preserving Critical Evidence
Time is crucial after a truck accident. A lawyer can act quickly to:
- Preserve key evidence from the crash scene
- Secure trucking records and maintenance logs
- Prevent important information from being lost or destroyed
This evidence is essential to proving liability and strengthening your case.
Protecting You From Insurance Company Tactics
Insurance companies often try to minimize payouts or deny claims altogether. They may:
- Send investigators to the scene immediately
- Pressure you to sign documents that limit your rights
- Request recorded statements to use against you
Do not sign anything or provide statements without legal guidance.
An attorney can handle all communication with insurers to protect your claim.
Negotiating a Fair Settlement
Your lawyer will:
- Prepare and submit a demand letter outlining your damages
- Negotiate aggressively with insurance companies
- Fight for compensation that reflects your past, present, and future losses
This ensures you are not pressured into accepting a low settlement.
Taking Your Case to Court if Necessary
If a fair settlement cannot be reached, your attorney can:
- File a lawsuit on your behalf
- Present evidence and arguments in court
- Advocate for the full compensation you deserve
Types of Damages Available for Truck Accident Injuries
Many truck accident cases are resolved through settlements because insurance companies rarely want to take a case to trial, which involves significant costs. Some cases end up being settled only days before a trial is set to begin.
When a case makes it all the way to trial, a victim can be awarded various compensatory damages. The term compensatory damages typically includes both economic damages and non-economic damages.
Economic damages are the actual and provable costs that a victim has incurred or will incur because of their injuries.
Common kinds of economic damages include:
- Past and future medical expenses
- Lost wages
- Loss of future income
- Property damage, including vehicle repair or replacement
Noneconomic damages do not have an easily quantifiable value, so their determination is entirely at a jury’s discretion.
Some of common types of non-economic damages include:
- Pain and suffering
- Disfigurement
- Loss of consortium
- Emotional distress
It is also possible for punitive damages (also known as exemplary damages or vindictive damages) to be awarded in a very limited number of cases. Punitive damages are primarily intended to punish people for malicious, willful, or wanton conduct.
Who Can Be Held Liable for a Truck Accident in Montgomery County?
Determining liability in a truck accident is often more complex than in a typical car crash. Multiple parties may share responsibility, depending on how the accident occurred.
When Is a Truck Driver Liable?
Truck drivers can be held responsible when their negligence or failure to follow safety regulations causes an accident. This may include:
- Violating federal trucking regulations
- Driving while fatigued or distracted
- Failing to properly inspect the vehicle
- Improperly loading or securing cargo
Importantly, a driver can still be liable even if the crash wasn’t caused directly by their driving, such as failing to perform required safety checks.
Other Parties That May Be Liable
Truck accident claims often involve several potentially responsible parties. Depending on the circumstances, liability may extend to:
- The trucking company that employed the driver
- The cargo or freight owner responsible for loading
- The owner of the truck or trailer
- Manufacturers or distributors of defective parts
- Maintenance providers or mechanics who performed negligent repairs
- Other drivers whose actions contributed to the crash
Identifying all liable parties is critical to maximizing your compensation.
Liability for Mechanical Failures
Mechanical issues can play a major role in truck accidents. Responsibility may fall on:
- The trucking company for failing to maintain the vehicle
- A manufacturer for defective truck parts
A thorough investigation is necessary to determine the true cause of the failure.
Can Other Drivers Be at Fault?
Yes. In some cases, another motorist’s negligence—such as a traffic violation or reckless driving—can cause or contribute to a truck accident. In these situations, that driver may share liability.
What If a Road Defect Caused the Accident?
Dangerous road conditions can also lead to truck accidents. If a defective highway condition is to blame, liability may fall on:
- A government entity
- A contractor responsible for road maintenance
However, claims involving government entities follow special rules.
Special Limits for Government Liability in Pennsylvania
Under Pennsylvania law:
- Damages are capped at $250,000 per individual
- Total damages are capped at $1 million per incident
Recoverable damages are limited to:
- Medical and dental expenses
- Lost wages and earning capacity
- Pain and suffering
- Property damage
- Loss of consortium
Additionally, while government entities are generally protected by immunity laws, vehicle-related claims are an exception, allowing injured victims to pursue compensation in certain cases.
Challenges With Multiple Defendants
When multiple parties are involved, cases become more complex. You may face:
- Multiple insurance companies
- Disputes over who is at fault
- Attempts by each party to shift blame
In these cases, each party may be assigned a percentage of fault, which determines how much they must pay in damages.
Why Legal Representation Matters
Truck accident cases involving multiple defendants often require:
- Detailed investigations
- Aggressive negotiation strategies
- Litigation, if a fair settlement cannot be reached
At The Levin Firm Personal Injury Lawyers, we have experience handling complex truck accident claims involving multiple liable parties.
Contact us today for a free consultation and let us help you pursue the full compensation you deserve.
What Causes Truck Accidents in Montgomery County?
Despite the many regulations in place to help prevent accidents, thousands of victims are still injured in accidents involving large trucks every year. Some of the most common causes of truck accidents include:
- Driving while under the influence of drugs or alcohol
- Distracted driving
- Driver fatigue
- Speeding and reckless driving
- Mechanical failure
- Improperly secured cargo
While it is dangerous for any driver to engage in these types of activities, it can be deadly when these actions involve trucks. This is mainly because semi-trucks are so much larger than standard-sized passenger vehicles. Trucks also often carry dangerous cargo, such as lumber, steel, cement pipes, and even toxic and flammable materials. In a crash, this cargo can come loose, creating a hazard for anyone who was driving behind the truck.
Establishing Negligence in a Truck Crash
To collect compensation, an injured party must demonstrate that someone else’s negligence caused the crash. Having definitive evidence that a driver violated a federal regulation can go a long way toward establishing negligence, so it is critical to collect specific evidence, including:
- The police report created by the responding officer
- The results of a commercial motor vehicle examination
- A review of the driver’s logbooks, which if completed in accordance with federal law, should indicate when the driver last took a break
- Data recorded on in-vehicle technologies, which can show how long the driver had been driving at the time of the crash as well as the speed, steering, and braking inputs
- The parties’ medical records
Collecting this and other evidence can be crucial in demonstrating that the driver or another party was negligent, and their negligence can be linked directly to the victim’s injuries.
Common Types of Truck Accident Injuries in Montgomery County
Injuries suffered in truck crashes are often severe and include:
- Spinal cord injuries, including those that result in paralysis
- Traumatic brain injuries (TBIs)
- Broken bones
- Burn injuries
- Organ damage
- Lacerations
- Neck injuries
- Back injuries
- Herniated discs
- Muscle strains and sprains
- Joint damage
Many of these injuries can have permanent and debilitating consequences, including paralysis, chronic pain, and disfigurement. The costs of these injuries to most victims are staggering medical bills, not only for immediate medical care but also follow-up care and rehabilitation.
Severe injuries can also leave many victims unable to return to work for several weeks, months, or even years. Some victims will be permanently unable to ever work again because of the nature of their injuries.
Federal Trucking Regulations
In an effort to prevent these types of horrific injuries, the Federal Motor Carrier Safety Administration (FMCSA) instituted a series of regulations that drivers must follow. These include rules regarding:
- Driver qualifications and training
- Maximum driving time
- Procedures for loading and unloading cargo
- Vehicle weight limits
- How to conduct proper truck maintenance and inspections
Drivers are required to take regular breaks. For example, truck drivers must comply with the following hours of service guidelines:
- A driver cannot begin a work shift without having had at least 10 consecutive hours off duty.
- Drivers are not permitted to drive if they have been on duty for 60 or more hours over the last seven days.
- Drivers are prohibited from driving if they have been on duty for 70 or more hours in the last eight days.
- Truck drivers are required to take a 30-minute break every eight hours.
- Truck drivers are not permitted to drive more than 11 hours out of every 14-hour shift.
Driver fatigue is one of the leading causes of truck accidents, making it especially important for truck drivers to comply with these requirements.
Regulations also prohibit truck drivers from driving if they have a blood alcohol concentration (BAC) of 0.04 percent or more, which is half the legal limit for other drivers.
Call The Levin Firm Personal Injury Lawyers to Speak With a Dedicated Truck Accident Attorney Today
Please contact The Levin Firm Personal Injury Lawyers today to speak with an experienced Montgomery County truck accident attorney who can evaluate your case and help you seek compensation for your accident-related losses.