Johnstown Truck Accident Attorneys

While Pennsylvania has seen a decrease in fatal accidents in recent years, that positive trend has not carried over to the frequency of truck crashes. According to data compiled by the Pennsylvania Department of Transportation, the number of truck collisions has increased by more than 10 percent since 2013. When these trucks collide with passenger vehicles, the potential for severe injury is high.

If you or a loved one suffered an injury in a truck crash, you have the right to pursue monetary damages from the negligent truck operator. An experienced Johnstown truck accident lawyer from Marcus & Mack can review the facts of your case, assess your damages, and advise you on your options for financial recovery.

How Can Your Johnstown Truck Accident Lawyers Help With My Case?

A lawyer with Marcus & Mack can provide valuable assistance with your truck accident claim in several ways:

Legal Guidance

Lawyers with Marcus & Mack have experience handling truck accident cases. They can provide knowledgeable guidance throughout the entire legal process, ensuring your rights are protected and you understand your options.

Investigation and Evidence Gathering

Gathering evidence to support your case is a crucial aspect of any truck accident claim. Your lawyer can conduct a thorough investigation into the circumstances of the accident, including obtaining accident reports, gathering witness statements, analyzing medical records, and consulting with accident reconstruction experts if necessary.

Determining Liability

Truck accidents can involve multiple parties, including the truck driver, trucking company, maintenance providers, and others. Your lawyer will work to determine all potentially liable parties and hold them accountable for their negligence or wrongdoing.

Negotiating with Insurance Companies

Dealing with insurance companies can be challenging, as they often try to minimize payouts to protect their bottom line. Your lawyer can handle negotiations with the insurance company on your behalf, working to secure a fair settlement that fully compensates you for your losses.

Litigation Representation

If a fair settlement cannot be reached through negotiations, your lawyer can represent you in court and advocate for your interests during litigation. They will present your case persuasively to a judge and jury, seeking to obtain the compensation you deserve through a favorable verdict.

Maximizing Compensation

A lawyer with Marcus & Mack will work diligently to maximize the compensation you receive for your truck accident claim. This includes seeking reimbursement for medical expenses, lost earnings, property damage, pain and suffering, and other damages you have incurred as a result of the accident.

Providing Support and Advocacy

Going through a truck accident can be a stressful and overwhelming experience. Your lawyer will provide you with compassionate support and advocacy every step of the way, helping to alleviate some of the burdens associated with pursuing a legal claim.

Do I Have a Truck Accident Claim?

Negligence is a key legal concept in personal injury claims, including those related to truck accidents. It refers to the failure of an individual or entity to exercise reasonable care, resulting in harm or injury to another person.

To establish a successful truck accident case based on negligence, you must prove:

1. Duty of Care: The first element involves establishing that the defendant (usually the truck driver, trucking company, or another party) owed a duty of care to the plaintiff (the injured party). In the context of a truck accident case, this duty of care often refers to the legal obligation of truck drivers and trucking companies to operate their vehicles safely and in compliance with traffic laws and regulations. This duty of care extends to other road users, including pedestrians and other motorists.
2. Breach of Duty: The second element requires demonstrating that the defendant breached their duty of care by failing to act with the level of care that a reasonable person or entity would exercise in similar circumstances. In a truck accident case, this breach of duty could involve actions such as speeding, reckless driving, distracted driving (e.g., texting while driving), driving under the influence of drugs or alcohol, or violating federal trucking regulations (e.g., hours-of-service regulations).
3. Causation: The third element involves establishing a causal connection between the defendant’s breach of duty and the plaintiff’s injuries. In other words, it must be shown that the defendant’s negligent actions directly contributed to or caused the accident and resulting harm. This can often be demonstrated through evidence such as eyewitness testimony, accident reconstruction reports, physical evidence from the scene of the accident, and medical records documenting the plaintiff’s injuries.
4. Damages: The fourth and final element requires demonstrating that the plaintiff suffered actual damages as a result of the defendant’s negligence. These damages can include both economic losses (such as medical expenses, lost earnings, and property damage) and non-economic losses (such as pain and suffering, emotional distress, and loss of enjoyment of life). Without evidence of tangible harm or injury suffered by the plaintiff, a successful negligence claim typically cannot be made.

A successful truck accident case based on negligence requires you to establish all four elements of negligence. A lawyer with experience handling these claims can determine if your case meets all the elements of negligence.

Who May Be Held Liable in a Truck Accident Case?

When seeking to file a civil case of any kind, it is important to determine the identity of potential defendants. While most truck accident lawsuits involve a negligent driver, there could be many potential defendants depending on the circumstances.

Truck Driver

The most common defendant in a truck accident case is the operator of the commercial vehicle. Most truck crashes occur due to operator error, which makes their inclusion in the lawsuit a relatively safe assumption. Countless factors could lead to a truck driver causing an accident, from careless driving to intoxication.

Trucking Companies

There are several ways a trucking company could be held liable. A truck owner has many obligations when it comes to the trucking business, including ensuring their vehicle meets maintenance requirements and that operators meet hours of service regulations and have a clean driving record. If a trucking company fails to take these precautions, it could be liable for damages from an ensuing crash.

Truck Manufacturers

In some cases, a defective truck plays a role in causing a wreck. While every truck experiences wear and tear over time, some trucks crash due to an inherently unsafe vehicle part. When a faulty truck or truck part causes a collision, a skilled truck accident lawyer in Johnstown could help an injured plaintiff file suit against the manufacturer or mechanic responsible.

Cargo Loaders

Cargo loaders can be held liable for a truck accident if their negligent actions in loading or securing the cargo contribute to the cause of the accident. For example, if cargo is loaded in a manner that exceeds weight limits or is unevenly distributed, it can affect the truck’s stability and handling, increasing the risk of a rollover or loss of control.

What Damages are Available in a Truck Accident Claim?

In a truck accident case, various types of damages may be available to compensate the injured party for their losses. These damages can be broadly categorized into economic and non-economic damages:

Economic Damages

Economic damages refer to the tangible financial losses suffered by the injured party as a direct result of the accident or injury. These damages are relatively straightforward to quantify as they involve specific monetary expenses or losses.

Examples of economic damages include:

• Medical Expenses: Compensation for past, current, and future medical bills related to injuries sustained in the accident, including hospital stays, surgeries, medications, rehabilitation, and therapy.
• Lost Wages or income: Reimbursement for income lost due to inability to work as a result of the accident, including wages, salary, bonuses, and other employment benefits.
• Loss of Earning Capacity: If the injuries result in a diminished ability to earn income in the future, compensation may be awarded for the reduction in earning capacity.
• Property Damage: Compensation for repair or replacement costs for damaged property, such as the vehicle involved in the accident.

Non-Economic Damages

Non-economic damages are more subjective and often relate to the intangible, non-monetary losses experienced by the injured party. These damages are not easily quantifiable in financial terms but aim to compensate for the physical and emotional pain, suffering, and other non-financial impacts of the injury.

Examples of non-economic damages include:

• Pain and Suffering: Compensation for physical pain, discomfort, and distress experienced as a result of the accident and injuries.
• Emotional Distress: Compensation for psychological suffering, including anxiety, depression, trauma, and other mental health issues stemming from the accident.
• Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities and hobbies enjoyed before the accident due to permanent injuries or disabilities.
• Loss of Consortium: Damages awarded to a spouse or family member for the loss of companionship, support, and services of the injured party.

The specific damages available in a truck accident case will depend on the circumstances of the accident, the extent of the injuries suffered by the victim, and other factors. It’s important to consult an experienced personal injury attorney who can assess your case and pursue appropriate compensation for damages.

Contact the Johnstown Truck Accident Lawyers at Marcus & Mack Today

Robert S. Marcus Personal Injury Attorney in Johnstown

Every victim of a truck accident deserves their chance to be heard. When the injuries from these accidents are preventable, the victim may likewise have the right to seek compensation from the responsible entity or person.

If you are ready to file suit over your truck wreck injury, you could benefit from the guidance of a Johnstown truck accident lawyer from Marcus & Mack. Contact us today at (814) 539-3213 or through our online form for your free, no-obligation consultation.

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