When negligent truck drivers cause accidents on Pennsylvania roadways, these drivers and their employer trucking companies may be on the line for negligence—and for the injuries and damages sustained by innocent accident victims. Semi-trucks and tractor-trailers are unique in that they have the potential to cause serious jackknife accidents. These vehicles may also cause accidents due to coupling device failures and rollover accidents caused by unbalanced cargo.
If you have sustained injuries as a result of a truck driver or trucking company’s negligence, Pennsylvania law may entitle you to monetary compensation. The knowledgeable Philadelphia truck accident lawyers at The Levin Firm can discuss the facts and circumstances of your case, evaluate your claim, negotiate with the insurance company on your behalf, and, if necessary, litigate your case through the Pennsylvania court system all the way through trial and judgment.
Trucks, tractor-trailers, big rigs, and semis weigh many tons and smaller vehicles are no match for them. In addition to state laws, large trucks and tractor-trailers must comply with Federal Motor Carrier
Safety Administration regulations. These rules place restrictions on the following:
When cargo is not properly secured to a trailer, or when it is not properly balanced, the truck or trailer can overturn—or roll over—causing one or more of the following:
Moreover, when tractors and trailers are not properly secured together, they can come apart in the middle of the roadway and cause serious accidents.
Drivers of large trucks and tractor-trailers have a tendency to switch travel lanes often and quickly maneuver themselves around smaller vehicles, all with the goal of arriving at their destinations sooner. Truck drivers usually have a financial incentive to drive fast. However, under state law, they still have a duty to drive reasonably and safely under the circumstances. When they fail to do so, they may be responsible for the accidents and personal injuries they cause.
When truck drivers drive too quickly around curves, for example, they may jackknife—the tractor and trailer may fold in a way that resembles the folding of a pocket knife—potentially causing accidents or massive pile-ups of vehicles.
Trucks and tractor-trailers are large, fast, and heavy. When drivers ignore or violate Pennsylvania Rules of the Road to arrive at their final destinations sooner—for which they may have financial incentives—serious accidents and personal injuries can result. Examples of truck driver negligence that can lead to jackknifing, coupler device failures, and rollovers include:
Truck accidents usually occur at highway speeds and may involve jackknifing, uncoupling, or rollovers. As a result of a semi-truck or tractor trailer’s large size and high rate of speed, any impact with a smaller vehicle is likely to result in serious—and potentially catastrophic—injuries and damages. The most common catastrophic injuries sustained in Pennsylvania truck accidents include traumatic brain injuries (TBIs), fractures, broken bones, spinal cord injuries, paralysis, cuts, abrasions, permanent facial scarring, and in the worst cases, death.
These catastrophic injuries can result in lengthy hospital stays, long courses of medical treatments or physical therapy, future medical procedures, and long-term care at nursing homes or other assisted living facilities.
For an injured truck accident victim to recover compensation for serious injuries and damages—including eye injuries—the injured plaintiff must ordinarily prove negligence on the part of the at-fault truck driver.
Specifically, the injured plaintiff must demonstrate that the at-fault truck driver had a duty to act as a reasonably prudent and careful driver under the circumstances; that the at-fault driver breached this duty of care, such as by speeding, failing to yield the right-of-way, or otherwise driving in a careless or reckless manner; and that this breach resulted in the accident victim’s injuries and damages.
When a truck driver works for a trucking company, the injured motor vehicle driver may also have a legal cause of action against that company under what is called the vicarious liability theory of recovery. If, in other words, the truck driver was driving negligently while in the scope of employment, then the trucking company could also face accountability for the accident victim’s injuries and damages.
A trucking company may also face liability for negligently entrusting a truck driver to operate a motor vehicle while on the roadway, for negligently supervising the truck driver, or for negligently hiring the truck driver. If the truck driver was previously fined for—or charged with—negligent or reckless driving and is a repeat offender, the trucking company may be on the line for negligently retaining the offending truck driver.
If you have sustained injuries in a trucking accident that directly resulted from someone else’s negligence, the experienced Philadelphia truck accident attorneys at The Levin Firm may help prove your injuries and damages.
Lawsuits are often time-consuming and emotionally draining, so it’s little surprise that many people want to settle their claims outside of court. A settlement allows you to avoid going to trial and possibly losing, and …January 15, 2018
Many people are burned by defective products or overly hot food or beverages, but traffic accidents also cause their fair share of burns. The effects of burns can be devastating, causing serious pain and injuries …January 10, 2018
To hold someone accountable for your traffic accident, you need to present evidence. Quality evidence will include eyewitness testimony, including your own testimony, about what happened. Even though you don’t have to prove the other …view more