Our roads are populated by commercial vehicles, which include tractor-trailers, delivery trucks, and company-owned vehicles. Despite making up only 5% of vehicles on the road, commercial vehicles account for 11% of fatalities. According to the Pennsylvania Department of Transportation, commercial vehicle accidents totaled 7,832 in 2021. There are numerous parties involved in the operation and maintenance of commercial vehicles, which makes commercial accidents distinct from other types of accidents.

When commercial vehicles cause severe injuries, companies immediately dispatch their own adjusters, attorneys, and investigators to the scene of the accident. They're not there to "find the truth"; they're there to prevent you from holding them accountable. They collect any evidence that conceals their driver's error or implicates yours.

If you are injured in a collision with a large truck, such as a tractor-trailer, 18-wheeler, or big rig, you could sustain severe injuries. The law is frequently on your side. Consult with an experienced truck accident attorney as soon as possible to determine how to hold the truck driver and transportation company liable for the injuries they caused.

Please contact the PA truck accident attorneys at Brandon J. Broderick if you have questions or require assistance following any form of PA motor vehicle accident. Our expertise and experience can assist you in navigating the complexities that can arise in such situations. Brandon J. Broderick's attorneys for commercial vehicle accidents offer free consultations to help you evaluate your case.

Who is Responsible in a Commercial Vehicle Accident?

The fundamental principle of personal injury law is liability, or fault in an accident. In the instance of a car accident, one or both drivers may be found to be at fault. In accidents involving multiple vehicles, multiple parties may be at fault. However, automobile accidents are not always so straightforward.

Due to the increased number of potential parties in a truck accident, establishing liability is typically more difficult. Three categories of truck drivers are present:

• Owner-operators that are either independent contractors (contracting with shippers for delivery services), who lease vehicles to a trucking business or who own the trucks they drive.
  
  
• Corporate drivers, who operate a transportation company's fleet of vehicles as part of their employment.
  
  
• Independent owner-operators who use their own trucks to transport goods from their own business.
  

The type of truck driver responsible for your accident is significant because it will likely determine whether or not liability can be established and against whom. If you were involved in a truck accident, it is strongly advised that you hire or consult with an attorney who can determine who is the at-fault party in the accident.

Additionally, vehicle maintenance may be a major liability factor. The individual or organization that possesses or rents a truck is responsible for maintaining its operational condition. If a contract exists between the business owner and shipper, it most likely includes clauses regarding upkeep.

Trucking Regulations Demand Accountability from Truckers

There are dozens of additional regulations for trucks, truck drivers, and transportation companies, even though trucks and cars may be treated equally under general traffic laws. The Federal Motor Carrier Safety Administration (FMCSA) is responsible for writing many of these regulations. The FMCSA is a federal agency that researches and monitors transportation industry safety and has the authority to draft trucking regulations applicable to all 50 states. These regulations, like traffic laws, are written to defend other motorists. Therefore, if a truck driver or transportation company violates one of these regulations, they may be held liable for any injuries they cause. 

Comparative Negligence in Pennsylvania Automobile Accident Cases

What if the truck driver was at-fault for the collision, but you were also at fault? This is an excellent question, and it does occur.

If the other driver was solely at fault for your car accident, the outcome is typically predictable: the other driver (through their insurance company) will compensate you for your medical expenses, lost wages, and other losses. However, what if you were partially responsible for the collision?

Pennsylvania employs a "modified comparative fault" rule when both parties are considered to share fault for an accident. In the majority of automobile accident cases, the jury must calculate two amounts based on the evidence: the total dollar amount of the plaintiff's damages and the percentage of fault attributed to each party. According to the modified comparative fault rule, the award of damages to the plaintiff is reduced by an amount equal to his or her percentage of fault.

Since Pennsylvania is a "modified" comparative fault state, if you are deemed to be more than 50 percent responsible for the collision, you will not be compensated. In states with "pure" comparative fault, you may recover damages even if you were more at fault than the other party. In Pennsylvania, to recover damages from the party at fault in a car accident, you must be less than 51 percent at fault.

The comparative negligence rule not only governs Pennsylvania judges and juries (if your car accident case goes to court) but also guides an auto insurance claims adjuster in assessing your case. A claims adjuster ultimately makes decisions based on what is most likely to occur in court. This should not, however, prevent you from pursuing a settlement or lawsuit for a car accident. Discuss your situation and the best course of action with an experienced Pennsylvania car accident lawyer.

The Pennsylvania Truck Accident Attorneys At Brandon J. Broderick, Attorney at Law. are Ready to Help You

The most significant difference between the two types of accidents may be that vehicle accident lawsuits are typically filed against a single party, whereas commercial truck accident lawsuits are sometimes filed against multiple parties. In the event of an accident involving a commercial vehicle, the maintenance team, parent company, management, and truck driver may be held liable.

If you have been involved in an accident with a commercial vehicle, you should contact us immediately. At Brandon J. Broderick, Attorney at Law, we have years of experience assisting clients in Pennsylvania with their legal issues. In your case, our attorneys are prepared to fight for a settlement and justice.

Contact us today for a free consultation to discuss the specifics of your case and learn how we can assist you.