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 suffered an injury in a truck crash, you have the right to pursue monetary damages from the negligent truck operator. A knowledgeable personal injury attorney could review the facts of your case and evaluate your odds of recovery. To learn more about the injury claims process, contact a Johnstown truck accident lawyer as soon as possible.
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.
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. There are countless factors that could lead to a truck driver causing an accident, from careless driving to intoxication.
If a negligent truck operator causes a wreck while on the job, their employer could also face liability for any damage caused in the collision. Accordingly, many truck wreck cases will also include the owner of the commercial truck as a defendant.
However, there are other ways a trucking company could face a lawsuit. A truck owner has many obligations when it comes to the trucking business, including ensuring their vehicle meets maintenance requirements and the operator does not have a history of reckless driving. If a trucking company fails to take these precautions, they could be liable for damages from an ensuing crash.
In some cases, a defective truck plays a role in causing a wreck. While every truck experiences wear and tear, some trucks crash due to a vehicle part that was inherently unsafe. 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.
When it comes to filing a truck crash lawsuit in Johnstown, time is of the essence. Under Pennsylvania law, there is a deadline known as the statute of limitations that is designed to protect defendants from unfair delay before the filing of a lawsuit.
42 Pa.C.S.A. § 5524 governs the statute of limitations in a truck crash accident. According to this statute, a seasoned Johnstown truck accident attorney has two years from the date of the crash to file suit on behalf of an injured party. If a plaintiff files suit after the statute expires, the court is empowered to dismiss the case with prejudice. Reach out to an experienced injury lawyer for help with filing a claim promptly.
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. Contact us at Marcus & Mack right away to set up a case evaluation.
By: Jennifer K.