If you or a loved one were injured in a truck collision, you might be eligible for compensation. In order to recover damages, claimants must be able to establish negligence. Therefore, it is advisable for injured victims to seek the services of an accomplished truck accident lawyer. A dedicated attorney could help you with establishing negligence in Western PA truck accident cases. Call today.
What is Comparative Negligence?
Pennsylvania is a comparative negligence jurisdiction. This means more than one entity can be at fault for an accident. Even if the plaintiff is partially at fault for the accident, the plaintiff can still recover truck accident damages from the defendant as long as the plaintiff is not more than 50% responsible for the accident. If the plaintiff is determined to be partially at fault but under 50% responsible, then their recovery will be reduced by the portion of their fault. For example, if a plaintiff is 30% responsible and the defendant is 70% responsible, then the court would adjust the jury verdict to account for the 30% that the plaintiff is at fault.
Factors that Can Impact Liability in a Truck Collision
There are several factors that can impact negligence one way or another. When attempting to establish negligence in an Indiana truck accident case, it is imperative to look at how the accident occurred and understand how it happened and why. The claimant’s lawyer must document the scene of the wreck and look for important factors such as what exactly happened, where were the vehicles positioned at the scene, where the skid marks are, whether there were gouges in the roadway, and where is the fuel spill.
Do do this, it may require the attorney to look at the black box of the truck to determine the speed, braking, and acceleration. Investigating the facts of the case is crucial to establishing liability in Indiana truck accident cases.
Steps to Take Following a Truck Crash
Following a truck crash, individuals should reach out to an attorney and focus on getting the medical attention they need. A lawyer can handle the legal aspects of the case. An attorney could talk to the insurance companies for the injured victim to help protect the person’s best interests. A lawyer is also equipped to gather and preserve evidence.
How a Western PA Attorney Could Help Establish Negligence in Truck Accidents
It is important to contact an attorney early on in a case because there are any number of things in a case that can be lost through the passage of time. A lawyer could help the injured person gather and protect evidence that could be critical for a successful claim.
A lawyer could help one file a claim within the statute of limitations. The statute is usually two years from the date of the accident but can go by faster than many people. For help with recovering damages and establishing negligence in Western PA truck accident cases, contact a lawyer. Let an accomplished personal injury attorney fight for your rights. Call today and schedule a consultation.