Claims for truck accidents differ significantly from those for typical car accidents. The claims at hand present truck accident attorneys with a level of complexity that is absent in litigation involving automobile accidents. In order to maximize the truck accident settlement amount that may be awarded as compensation for injuries suffered or the loss of a family member, you require the services of a seasoned Pennsylvania attorney who is well-versed in navigating the particular complexities that emerge in such cases.

Accidents involving commercial trucks, which can reach up to 40 tons in weight, have the potential to cause catastrophic damage. Our roads are filled with commercial vehicles, including delivery trucks, tractor-trailers, and company-owned vehicles. Commercial vehicles claim the lives of 11% of motorists, despite comprising only 5% of the total number of vehicles on the road. In 2021, a total of 7,832 commercial vehicle accidents occurred, as reported by the Pennsylvania Department of Transportation. In general, multiple parties are responsible for ensuring that the truck driver and the commercial truck are safe to be on the road alongside other passenger vehicles.

Sadly, as with other types of motor vehicle collisions, establishing liability in truck accidents can be even more complicated. Contact a Pennsylvania personal injury attorney, such as Brandon J. Broderick, who can provide assistance following a truck accident without delay if you or a family member have been involved in such an accident.

In Pennsylvania, What Are the Most Frequent Causes of Truck Accidents?

While trucks may be involved in minor or severe collisions, there are several contributing factors that have a greater incidence than others. Our legal team conducts an investigation into all relevant contributing factors, including the underlying cause, when we accept a case involving a truck accident. Truck accidents frequently result in severe injuries and, in certain instances, fatalities among the victims.

Truck driver fatigue, among other contributing factors, emerges as the primary cause of accidents involving truck drivers. To meet these demands, trucking firms often provide incentives to their drivers to guarantee punctual arrival, which often results in drivers operating without sufficient sleep, therefore endangering the safety of themselves and others.

Some additional causes of truck accidents include the following:

• Long periods of driving without resting frequently result in drowsiness or fatigue.
• Alcohol and or drug use
• Disobeying traffic signals and signs
• Impatience while driving or excessive speed
• Distracted while operating a vehicle

Apart from complying with traffic laws, truck drivers are also required to abide by additional rules implemented for the safety of all individuals. The Federal Motor Carrier Safety Administration (FMCSA) has established the following rules, which truck drivers must abide by.

• The 60/70-Hour Limit states that a truck driver isn't allowed to drive a vehicle after 60 to 70 hours through a period of seven or eight days. In fact, it is required of truck drivers to take a minimum of 34 hours off during this period of time
• Truck drivers are not allowed to drive for longer than 11 hours without taking 10 consecutive hours off
• Drivers are not allowed to work more than 14 hours straight after starting their shift. They are also required to take ten hours off in a 24-hour period
• Truck drivers are required to take a 30-minute break once every eight hours

In order to discuss your legal options and potential compensation, you should speak with a personal injury lawyer as soon as possible if you were in a truck accident in Pennsylvania.

How Is Fault Determined After a Truck Accident in Pennsylvania?

It can be more difficult to assign fault in a truck accident than in a regular car accident. Liability frequently extends beyond the truck driver to include the transportation firm, contractors, insurance providers, and truck manufacturers.

If a truck driver's negligence—such as speeding, texting while driving, or operating a vehicle while intoxicated—caused the accident, they may be held liable. If trucking companies fail to properly maintain their trucks, encourage drivers to violate hours-of-service restrictions, or conduct proper background checks on their drivers, they may be held liable. If a malfunctioning or improperly maintained component contributed to the accident, truck manufacturers or maintenance providers may be held responsible.

Negligence

In Pennsylvania, truck accident cases heavily rely on the legal concept of negligence. You must show that the defendant was negligent, that the accident was a result of the negligence, and that you suffered harm as a result in order to prevail in a lawsuit.

According to Pennsylvania General Assembly Statute §7102, which contains legislation concerning comparative negligence, a plaintiff's contributory negligence does not prevent him or her from seeking damages, provided that the plaintiff was less negligent than the defendant.

You may bear some responsibility for the accident and yet be entitled to compensation if you suffered injuries. Each party in a claim for negligence is given a percentage of fault under this law. This percentage shows the extent to which their actions—or lack thereof—contributed to the collision and injuries. Keep in mind that Pennsylvania has a 51 percent comparative negligence rule, which allows you to recover damages if your percentage of fault was lower than 51 percent. You will not be allowed to seek damages if it is determined that you were more than 50% at fault for the accident.

Understanding the significance of these percentages is crucial in cases involving personal injuries. According to the statutes, the amount of compensation you are entitled to is directly correlated with your level of fault. For example, you will only be eligible to receive 70% of the settlement amount if it is determined that you are 30% at fault.

How Long Do I Have To File a Personal Injury Claim or Wrongful Death Lawsuit After a Truck Accident in PA?

The time limits for filing a lawsuit are known as statutes of limitations. The length of time you have to file your claim will depend on the details of your case. In addition, each state may have different limitations. In Pennsylvania, you have two years from the date of injury or loss resulting from another person's negligence to file a civil case and recover damages. It is required to file all personal injury claims within two years of the accident, including those resulting from auto accidents, truck accidents, slip-and-fall accidents, medical malpractice, product liability, and wrongful death.

A Truck Accident Attorney at Brandon J. Broderick Can Help You With Your Pennsylvania Claim Today

The aftermath of a truck accident can involve much more than just injuries. This could be your financial situation or your emotional well-being. This might make you and your loved ones feel stressed and overwhelmed. We are ready and available to stand by your side to help you get through this very challenging time.

At Brandon J. Broderick, Attorney at Law, we place a high value on success, compassion, and outstanding client care. We have become among Pennsylvania's most well-known truck accident lawyers. You can count on our law firm to resolve your case using the most effective strategy and diligent effort. In Pennsylvania, we have a track record of success in resolving truck accident claims in our clients favor.

Our experienced lawyers have assisted victims of vehicle accidents for decades. We have helped people, just like you, heal from wounds brought on by the carelessness of others.

Contact us today for a free consultation. We look forward to helping you and your family recover and move forward.