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We Investigate Trucking Companies
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We Investigate Trucking Companies

The risks associated with a truck accident are usually much more severe than with a smaller vehicle. Of course, larger vehicles mean bigger injuries and more complex claims, so understanding how truck insurance companies operate is not something the average person can easily manage.

Trucking companies and other corporations maintain larger insurance policies and typically engage in more intense legal battles due to the higher stakes involved. Therefore, engaging with a Pennsylvania truck accident attorney can be the difference in securing rightful compensation for your losses. They will understand all the intricacies involved with a mentally and emotionally taxing truck accident claim.

Why Truck Accidents Are So Much More Serious

The sheer size and weight of commercial trucks significantly contribute to the severity of accidents involving these large vehicles. When these vehicles travel at highway speeds, the physics of a collision reveals their devastating potential to destroy smaller vehicles. The impact can result in lifelong trauma for victims, both physically and emotionally.

A fully-loaded semi-truck requires almost the length of two football fields to stop while traveling at 65 mph. Therefore, these collisions usually result in fatalities, injuries to multiple victims, and the ever-present threat of cargo hazards, such as chemicals being released into the environment.

The consequences of these accidents are not to be underestimated. Truck accidents result in many types of truck accidents, including:

Jackknife Accidents

Often caused by speeding, abrupt braking, or driver inexperience, these accidents occur when the truck’s trailer veers sideways, causing the truck to impact vehicles in its vicinity.

Head-On Collisions

These accidents are usually tied to reckless driving, fatigue, or impairment — grounds for a strong injury claim.

Override Accidents

If the trucker was speeding or failed to stop in a timely manner, victims can pursue damages. An override is a disastrous collision type, as it involves the truck riding over the preceding vehicle with force.

Rollover Accidents

These events are triggered by overloaded cargo or improper handling; in such cases, the trucking company may share responsibility.

Blind Spot (No-Zone) Collisions

Claims can arise if the driver failed to check mirrors or signals before changing lanes.

Rear-End Collisions

If the truck driver was following too closely, distracted, or fatigued, a claim for negligence can be made.

Tire Blowout Accidents

If a tire blowout is caused by poor maintenance or ignored inspections, the trucking company may be at fault.

Lost Load or Cargo Spills

Liability often falls on the company or loaders for failing to secure cargo properly.

T-Bone (Side Impact) Accidents

When caused by running red lights or stop sign violations, the truck driver/company can be held liable.

Wide Turn Accidents

Improper turn technique or lack of awareness may indicate poor training or company negligence.

Brake Failure Accidents

Faulty or unmaintained brakes often result in company liability under maintenance obligations.

Fatigue-Related Truck Accidents

Violations of hours of service rules by the driver or company might lead to strong legal claims against the liable party.

Seeking guidance from a truck accident attorney can be integral to untangling the intricacies of a trucking accident claim. They know the landscape and can help you establish all the claims possible with the focus you deserve.

Common Violations by Trucking Companies

Trucking operates within a heavily regulated industry, but companies often cut corners to meet deadlines and reduce costs despite this. These shortcuts can lead to severe violations that significantly contribute to accidents. These infractions might be as follows.

  • Hours of service violations occur when drivers work past legal limits set by regulations. Drivers need adequate rest to operate these massive vehicles safely, and skirting these laws can lead to disastrous fatigue-related accidents.
  • Negligent hiring or training involves employing drivers who are inexperienced or unqualified for the job. Skimping on training means drivers may lack the skills necessary to handle a truck safely in various road and weather conditions.
  • Failure to inspect or maintain vehicles can lead to situations where brake failures, tire blowouts, or other mechanical issues arise unexpectedly on the road. Regular inspections are not just a legal requirement but a necessity to ensure safety.
  • Falsified logbooks or tampering with ELDs (electronic logging devices) means truckers might provide false logs to hide violations of service hours or vehicle conditions.
  • Overloaded or improperly secured cargo contributes to unstable loads that can cause trucks to tip over or lose control.
  • Failure to comply with Federal Motor Carrier Safety Administration (FMCSA) safety standards can lead to dangerous situations on the road. FMCSA standards exist to protect all road users, and non-compliance can have serious repercussions.

Uncovering these violations can substantially strengthen your case by attributing responsibility where it belongs, helping to ensure that those affected by these lapses in judgment receive what they are owed.

How a Legal Investigation Works After a Truck Accident

Truck accidents often require more than filing an insurance claim; they often necessitate a comprehensive investigation that can only be effectively conducted by a legal team. The goal is to uncover the fault and hold parties accountable. Truck drivers and their employers often deny wrongdoing, and in some cases, destroy evidence, which further complicates the pursuit of justice.

Several steps are crucial in these investigations:

  • Securing the truck’s black box data, which contains critical information about speed, braking, and hours of operation, can shed light on the moments leading up to the crash.
  • Collecting dashcam or surveillance footage provides a visual account of the incident, offering invaluable insight into the sequence of events.
  • Requesting the driver’s hours of service logs is necessary to verify whether they adhered to regulated working hours, which can help address possible fatigue-related accidents.
  • Inspecting the vehicle’s maintenance records ensures that no mechanical failures contributed to the accident.
  • Reviewing the driver’s training and employment history demonstrates whether they were properly qualified and prepared for their role.
  • Obtaining the trucking company’s internal communications or dispatch records may reveal whether undue pressure was applied to the driver to meet unreasonable schedules.
  • Collaborating with accident reconstruction experts can help recreate the scene to better understand how the accident occurred and who should be held accountable.

Victims cannot generally access or preserve this evidence meaningfully without an attorney’s help. Swift action is vital, as delay could lead to evidence loss, weakening your case. Contacting a truck accident lawyer means having a champion on your side and seeing that justice is served.

The High Cost of Truck Accident Injuries

Truck crash injuries often turn catastrophic, more severe than those seen in typical car accidents. They can lead to long-term disabilities and a massive financial burden. Without a comprehensive legal claim against the trucking company, costs may overwhelm the standard insurance policy limits.

These are the most serious injuries, requiring potentially years of recovery:

Spinal Cord Injuries and Paralysis

These tragic effects can leave victims contending with life-altering conditions, heavily dependent on caregivers and equipment to manage daily life.

Traumatic Brain Injuries (TBI)

A TBI can affect the victim’s cognitive capabilities, personality, and ability to function normally, often requiring extensive rehabilitation.

Burns and Disfigurement

Sustained in vehicle fires, burns can require numerous surgeries and significant emotional and physical recovery time.

Amputations and Crushed Limbs

These unpleasant injuries result in permanent physical changes and adaptations to life that cannot be underestimated.

Internal Organ Damage

Truck accident victims might have organ damage requiring surgeries, prolonged hospitalization, and lasting health impacts.

Psychological Trauma

Long-lasting mental health issues, such as PTSD, anxiety, and depression, can hinder a victim’s ability to return to their normal life, relationships, and career.

The financial implications of such injuries include treatment costs, the loss of independence, shifts in family dynamics, and disruptions in career trajectories. Victims should have access to legal representation that aims to alleviate these challenges and support their journey toward recovery.

What Damages Can You Recover?

Understanding the different damages in a personal injury claim is important for restoring lost aspects financially, physically, and emotionally. A lawyer typically identifies and quantifies each category to provide a complete claim that reflects the breadth of impact sustained.

Economic Damages

  • Recovering medical bills, including those incurred from emergency room visits, surgeries, rehabilitation, and ongoing prescriptions, can provide critical relief.
  • Lost income and reduced earning capacity must be accounted for, ensuring you receive compensation for time missed from work and potential long-term career impacts.
  • Property damage, such as damage to your vehicle, will also be considered and compensated to replace or repair important assets.
  • Future medical expenses or long-term care may be necessary, and your claim should cover these anticipated costs.

Non-Economic Damages

  • These intangible aspects encompass pain and suffering endured from the accident and injuries, acknowledging your physical and emotional distress.
  • Emotional distress or trauma suffered in its wake constitutes genuine harm, meriting consideration and inclusion in your claim.
  • The loss of enjoyment of life resulting from a diminished ability to partake in activities you once loved deserves recognition.
  • The loss of companionship through physical and emotional injury demands attention and consideration in your pursuit of damages.

Punitive Damages

Reserved for cases of grossly negligent or reckless behavior from the trucking company, designed to punish and deter further misconduct. Knowingly allowing an unqualified driver to operate a truck might warrant punitive damages.

Wrongful Death

Should the accident result in loss of life, covering funeral expenses ensures financial support during a devastating time.

Loss of financial support from a loved one means changes in guardianship and increased financial need — both important aspects of compensation. Emotional loss for dependents involves consideration and recovery for psychological impacts and the loss of valuable relationships due to the incident.

In missing these claims, victims often underestimate their total claim value. Engaging with a truck accident lawyer means greater awareness of potential pitfalls and opens up avenues to rightly assess and pursue what you deserve.

The Trucking Company’s Insurance Isn’t On Your Side

Corporate insurers were not designed to help injured victims; rather, they exist to minimize liability and protect company profits. Sadly, a power imbalance exists between you, as a victim, and truck insurance companies.

Common tactics to expect in a truck accident claim include:

Quick, Lowball Settlement Offers

These tactics are designed to prevent you from fully understanding the extent of your injuries and losses, thereby undervaluing your claim.

Denying Liability And Shifting The Blame To The Victim

This measure undermines the validity of your claims and discourages legal pursuit.

Using Recorded Statements

Twisting the facts forms part of insurance companies’ arsenal, often leaving you in a position of unfair manipulation through the misuse of your testimony.

Pressuring Victims To Settle

Some companies may attempt to settle before victims fully understand the extent of their injuries. It means that you close your case too early, protecting their interests, not yours.

Delaying Tactics

Such measures will wear down victims, resulting in their giving up, which ultimately leaves them without the deserved compensation due to fatigue and endless waiting.

Disputing Medical Treatment

Disputing the necessity of medical treatment further weakens any victim’s claim to correct treatment or rightful compensation.

These Deadlines Could Wreck Your Case

Robert S. Marcus, Attorney at Marcus & Mack

Truck Accident Lawyer, Robert S. Marcus

Legal deadlines and evidence preservation are time-sensitive issues in truck accident claims. Understanding these may influence the success of your claim due to how quickly companies can legally dispose of data.

  • The statute of limitations varies by state, typically ranging from two to three years. Missing this deadline means losing the right to lodge a claim.
  • Preservation letters (also known as spoliation letters) prevent evidence destruction, requiring swift action to ensure that all relevant data is safely maintained.
  • Black box data retention can be overwritten in as little as 30 days, resulting in the loss of valuable information if not secured promptly.
  • Witness availability can complicate cases as memories fade and their testimony becomes less reliable over time.
  • Urgency is necessary in claims, necessitating a lawyer’s support as soon as possible to safeguard evidence and protect against any potential loss of rights.

Let a Qualified Truck Accident Lawyer Help You

Put simply, victims should team up with a lawyer to guide them through a truck accident investigation, safeguard their rights, and pursue the compensation they are entitled to.

What’s more, most truck accident attorneys offer consultations for free, and they will likely take your case on contingency, meaning you owe no lawyer fees unless you win. Trained to understand the nuances of state laws, an attorney near you can see that your rights are protected and help you through every stage of your recovery. Contact a Pennsylvania personal injury lawyer today.

Come And Visit Our Offices

Marcus & Mack

Marcus & Mack
N/a
57 S 6th Street,
The Mitchell House

Indiana PA   15701
1216 11th Ave
Suite 219

Altoona PA   16601
108 West Beaver Avenue,
Suite 203

State College PA  16801
334 Budfield St,
#132

Johnstown PA  15904
12 West Long Ave.
Suite 203

DuBois PA  15801