Trucking Accidents Lawyer in Philadelphia, Pennsylvania
Accidents involving 18-wheeler trucks are common, and because of these vehicles’ size and weight, they frequently result in serious injury or even fatality for those involved. On the other hand, obtaining the compensation you are entitled to can be a long, costly, and challenging process in Philadelphia. This is where the assistance of an 18-wheeler truck accident attorney comes in.
Time is your enemy when it comes to personal injury cases. You will need as much evidence as possible, such as documents, testimonies from witnesses, and other information. Much of this evidence can be lost if too much time passes. You must seek assistance from a personal injury attorney as soon as possible.
Contact us as soon as possible! We are just a phone call away!
Why Do I Philadelphia Truck Lawyer?
Eighteen-wheeler truck accident cases can be highly complex, requiring knowledge of federal and state laws that apply to commercial trucks. Furthermore, multiple parties, such as the truck driver, their employer, or a third party, may be held liable, which means that numerous insurance companies may be involved.
It’s difficult to navigate a lawsuit against one insurance company, let alone several. This is why a Philadelphia 18-wheeler truck accident lawyer will be invaluable in assisting truck accident victims in recovering compensation. Hiring a lawyer will protect your rights and ensure you have a strong case for compensation, whether you go to trial or accept a settlement offer. This includes the following:
- Obtaining evidence from the scene
- Assisting you in obtaining an evaluation from a reputable medical professional who can accurately assess the severity and extent of your injuries
- Getting all records and documentation needed to determine liability for the crash
- Negotiating with insurance companies to obtain fair compensation for all accident-related expenses
- File a personal injury case and represent you in court if a settlement is not feasible.
If you or someone you know has suffered an injury in Philadelphia due to an 18-wheeler truck accident, we are here for you. Reach out to our law office now for a free consultation!
Common Causes of 18-Wheeler Truck Accidents in Philadelphia, PA
Despite trucking industry regulations, fatal 18-wheeler truck accidents on significant highways continue to be common. The following driver-related factors, according to the Federal Motor Carrier Safety Administration Analysis Division, contribute to trucking fatalities:
- Distraction and/or inattention while driving
- Excessive speeding
- Vision obstruction
- Failure to stay in the proper lane
- Driver fatigue
- Failure to yield to the right-of-way
- Blind spots
- Impatience or road rage
- Reckless driving
- Driving under the influence
- Poor truck maintenance
- 18-wheeler truck manufacturing defects
- Poor weather conditions
- Overloaded or improperly loaded trailers
Regardless of industry changes and improvements, there is no accounting for adverse weather conditions being the cause of an accident. The medical bills alone from an 18-wheeler truck accident can be overwhelming. That is why finding a Philadelphia truck accident lawyer experienced in a semi-trailer truck wreck is crucial to help get you and your family back to where you were before the injury occurred.
Common Truck Accident Injuries
Despite precautions, accidents caused by careless driving and other human error will continue. Eighteen-wheeler truck accidents almost always result in serious injuries that can fundamentally change a person’s life. These injuries could include things like:
What Should I Do After an 18-Wheeler Truck Accident in Philadelphia?
After being involved in an accident with an 18-wheeler truck, there are some steps you should take to protect your ability to file a claim for a future truck accident:
- Stay calm and stay in your vehicle unless you need to get out for safety reasons.
- Call 911 and stay on the scene.
- Take down the names, addresses, and phone numbers of all parties involved, especially witnesses. You should also take down the names and badge numbers of any police officers investigating the accident.
- Take photos and videos of the scene, including vehicles and injuries.
- Obtain the truck driver’s employer information.
- Seek medical attention even if you don’t believe you were hurt in the accident. Some injuries do not manifest until hours or days after the accident.
- After the accident, immediately notify your own insurance company so that the claim process can begin. When speaking with your insurance company, stick to the facts and avoid admitting fault.
- You are not required to give a statement to anyone other than the police and your insurance company; you are not required to discuss the accident with anyone other than the police and your insurance company.
- As soon as possible, contact an experienced Pennsylvania truck accident attorney. Before giving any statements to the police and insurance companies, it is recommended to seek legal advice from an attorney first.
Why are 18 Wheeler Truck Accidents More Dangerous Than Car Accidents?
- They carry heavy loads.
- They are the largest vehicles on the road.
- They need much more time and space to stop.
- They have huge blind spots.
What is the Difference Between Car Accidents and 18 Wheeler Truck Accidents?
While both truck and car accidents can result in injury, some federal rules and regulations apply to driving trucks that do not apply to driving passenger vehicles. Unlike regular car drivers, truck drivers frequently work for large corporations. When an accident involving one of these trucks occurs, legal issues arise.
Furthermore, truck drivers and trucking companies are subject to stricter legal requirements than other types of drivers. As a result, federal rules and minimum safety standards must be followed for tractor-trailer transportation and other commercial trucks or vehicles. These rules are covered by the Federal Motor Carrier Safety Regulations (FMCSR), and they are frequently important issues in tractor-trailer accident cases. Such regulations include:
- How long a driver can drive in a row before having to stop and rest
- Truck preventive maintenance and inspection requirements
- Loading and securing cargo requirements
- Requirements for hiring, training, and supervision
- Trucking companies must follow timing rules when scheduling deliveries to discourage speeding or exceeding the maximum hours of driving time.
Who is Liable in My 18-Wheeler Truck Accident?
An experienced 18-wheeler truck accident attorney in Philadelphia’s primary responsibility is to determine who is to blame for your 18-wheeler truck accident. The following parties may be held liable in your truck accident:
- The truck driver who hit you
- The trucking company or the driver’s employer
- The owner or company of the truck involved in your accident
- The repair shop in charge of the truck’s upkeep
- The manufacturer of the truck or its parts
- The company or employees in charge of packing and securing the truck’s cargo
These are just a few of the people who could be held accountable. We will investigate your case and review all available evidence, including police reports, medical reports, photos, video, and witness statements, to build your case.
How To Prove Negligence in 18-Wheeler Truck Accident Claims
To successfully pursue your negligence claim, your legal team will need to demonstrate the presence of the following four elements:
- Duty of care: When drivers get behind the wheel, they automatically accept the responsibility of not causing unreasonable harm to others.
- Breach of duty of care: We may be able to prove that the driver violated their duty of care by engaging in negligent behavior, such as distracted driving.
- Causation: Your Philadelphia 18-wheeler truck accident attorney must demonstrate that your otherwise avoidable accident occurred due to the other party’s actions.
- Damages: Finally, we must show that your accident has caused you physical, emotional, or financial distress. We may use medical receipts, bills from your mechanics, and other relevant documents to demonstrate how you have suffered from the collision.
It can be difficult to demonstrate these four factors. Doing all this legwork may distract your attention from recovering from your injuries. We can represent you and complete this task on your behalf. The Villari Firm, a Philadelphia 18-wheeler truck accident law firm, intends to use strong evidence to demonstrate how these factors influenced your accident and caused undue stress.
Evidence is Different in an 18-Wheeler Truck Accident
When it comes to any type of motor vehicle accident, a victim often can secure some of the best evidence relating to their case by simply taking as many pictures of the accident scene as possible using the camera on their cellphone. Crash scenes are cleaned up quickly, so any photographs you can obtain will be precious later.
The same police reports that would be used in most car accidents are still relevant to truck accident victims. Cellphone records could also be helpful in cases where a truck driver was distracted. Other types of evidence, however, are specific to these types of cases according to the Philadelphia truck accident law, such as
- The driver’s qualification file
- The driver’s training file
- Drug screening records
- Truck inspection records
- Maintenance records
- Hours of service documentation
- Dispatch instructions
- Delivery documents
- Downloads of onboard systems
- Bills of lading
- Weight tickets
Our Philadelphia truck accident lawyer has the experience and access to the resources necessary to gather any evidence that may be relevant to determining who should be held responsible for your accident.
What Compensation Can I Recover in a Philadelphia Truck Accident?
Having a competent Pennsylvania truck accident lawyer on your side gives you the peace of mind to navigate this process. They can investigate and determine how much compensation is recoverable. In determining the case value, they would have to consider the severity of your injuries and property damage. The future costs of the accident can also be factored into your case’s value.
Economic compensation that can be recovered includes, but is not limited to:
- Hospital and medical bills
- Rehabilitation and therapy costs
- Long-term care
- Lost wages
- Reduced earning capacity
- Vehicle repair or replacement
Non-economic compensation includes, but is not limited to
- Pain and suffering
- Emotional distress
- Loss of life enjoyment
- Loss of companionship
Non-economic damages can be difficult to prove because they do not have a monetary value. Our Philadelphia 18-wheeler truck accident lawyer can accurately calculate these losses and add them to the total amount of economic losses. This sum represents the value of the case and what our attorney will seek from the liable party in a settlement or lawsuit.
Filing a Wrongful Death Claim
While no amount of money can compensate for the loss of a loved one, it can help ease your financial burden. You may be eligible for the following expenses:
- Funeral and burial costs
- Lingering medical debt
- Loss of consortium
- Loss of inheritance
- Emotional trauma
- Pain and suffering
Do I Take a Settlement or Go to Court?
Some people may be tempted to go to court because of the possibility of a larger compensation claim. However, doing so is rarely in your best interests. Courtroom trials can be unpredictable, and even the strongest cases can unravel. Accepting the guaranteed payout is always the better option if a Philadelphia truck accident attorney can negotiate a fair settlement offer.
Regardless, you should always be prepared and willing to appear in court. This will keep the opposition under pressure to agree to a fair deal. If they refuse to make a reasonable offer, you will potentially be in a position to win big in court.
What is the Statute of Limitations in Pennsylvania?
The statute of limitations is a legal deadline set by each state for filing an 18-wheeler truck accident claim. In Pennsylvania, you usually have two years from the date of the accident to file a claim. If you miss this deadline, you will be unable to seek compensation.
The statute of limitation deadline encourages timely filing to have a more efficient legal process and to keep evidence available. There are a few exceptions to the statute of limitations, but certain circumstances can change the deadline:
- Minors: If the truck accident victim is a minor under 18, the statute of limitations does not begin to run until the accident victim reaches the age of 18.
- Claim Against a Government Agency: If you want to sue a city, county, or state government, you must first file a notice of intent to sue within six months.
You must contact a competent Philadelphia truck accident lawyer as soon as possible to ensure you file your case on time and receive the compensation you deserve.
Call our 18 Wheeler Truck Accident Lawyer in Philadelphia, Pennsylvania, Now!
Trucking and insurance companies will do everything possible to avoid taking responsibility for the 18-wheeler truck accident. We at The Villari Firm are well-versed in these strategies and know what it takes to help you win. When you work with our firm, we will explain how to file your claim and diligently negotiate a fair settlement with the insurance company.
Call our Philadelphia 18-wheeler truck accident law firm today to learn more about your legal options! Dial our number now!