Philadelphia Truck Accident Lawyer [This is What Professionals Do]

What are the Roots of Vehicle Crashes?

Accidents involving industrial vehicles are most commonly brought on by the negligence of the semi-truck driver.

According to the findings of a study that was carried out by the FMCSA, a truck collision would be ten times more likely to happen due to driving error than it is due to any other component.

Experienced truckers are expected to complete specific training to get a license for commercial driving and be aware of the dangers posed on the roadways by big semi-trucks.

Truck drivers must meet a higher level of safety than motorists of ordinary passenger vehicles because of the significantly increased likelihood that other drivers will be hurt in a truck collision.

Regrettably, truckers sometimes need help to adhere to their responsibility to operate securely.

Negligence is a common cause of accidents truck accidents owing is some instances of negligent driving by truck drivers that lead to significant accidents:

Driving while impaired by narcotics or drinking is a violation of the law.
Operating a motor vehicle while sleep-deprived or in violation of the FMCSA Hours of Service requirements
Driving in violation of the law while suffering from a significant health condition, like seizures or a cardiac condition
Taking part in distracting activities, like using a portable mobile device, dining, grooming oneself, and other similar activities
Lack of finishing all pre-trip examinations as necessary before departure
A driving style characterized by aggression, including exceeding the speed limit, following too narrowly, inappropriate overtaking, or threatening other drivers.
Changing directions too swiftly.
Inadequately paying attention to blind areas as much as they require
Operating a company vehicle without having the required licensure or having received the appropriate instruction
Taking the pressure away from the brakes that are located in the front of the vehicle
In any other way, violating the statutes governing traffic or the requirements of the FMCSA

Every vehicle driver who causes an accident or injury through their carelessness should be held entirely liable for any damages or losses incurred due to the accident.

Since drivers rarely readily confess to having made a mistake, determining whether or not a motorist was negligent can be difficult and time-consuming.

An expert truck accident lawyer in Philadelphia has the expertise and resources to investigate the driver's actions to determine the carelessness and assist clients in recovering from their injuries.

What exactly is an accident known as a Jackknife?

Semitrailers are classified as "articulated vehicles," which are trucks formed of several components connected by movable joints."

This category of vehicles includes semitrailers. This construction makes these cars far more nimble than when made out of just one unit.

Yet, it also makes them susceptible to incidents that non-articulated vehicles are not exposed to similarly.

Jackknife accidents are amongst the types of accidents that are exclusive to flexible cars. Such accidents occur whenever a lorry's trailer moves out from behind a truck, approximating the movement of a pocket knife. Jackknife incidents can only happen to articulated vehicles. They could take place for a variety of factors, including the following:

Strong breezes
Improper stopping
Hitting the curves too quickly.
Cargo that was not correctly loaded or protected
Driver malfunction
Failure of the coupling mechanism
Over-steering

Accidents Involving Semi-Trucks May Be Caused By Freezing Conditions

Snowstorms, including large-scale commercial trucks, are recognized as a significant factor in car crashes.

Problems including snow, frozen, wind, and blizzard situations can devastate disturbance on drivers while operating their trucks, and severe storms are identified as playing a significant role in these accidents.

However, even the poor environmental conditions are not justified for negligent truck driver behavior; federal laws mandate that truck drivers exercise excessive caution at all times and even cease traveling if conditions become severe enough.

Consequently, many people hurt in truck incidents in which inclement heavy snow caused the damage can file a personal injury claim against the party they believe is accountable for their losses.

Hazardous driving conditions can be caused by winter weather.

Winter cyclones can bring a variety of hazardous weather conditions, including snow, precipitation, hail, and ice.

When this kind of precipitation builds up on road pavement, it can make the road exceedingly unstable, making it hard to control vehicles.

In addition, if there is wet precipitation and the weather eventually drops below freezing, almost hidden ice spots can develop on the road surface, leading to significant accidents. These accidents have the potential to be life-threatening.

The following are examples of a few of the more frequent types of truck crashes that take place when there is wintry weather present:

Override incidents
Underride incidents
Jackknife incidents
Rear-end collisions
Collisions broadside to the vehicle
Rollover incidents
crashes coming from the front

It is possible for an accident involving a semi-truck to be a complicated procedure that requires substantial legal and technological knowledge to determine whether the accident resulted from the driver's carelessness or was unavoidable due to the circumstances.

Our Philadelphia transportation accident attorneys will examine your case in great detail to ascertain whether or not there is any evidence of carelessness on the defendant's part. It is essential for people who have been injured in an accident involving a semi-truck to be aware of the fact that, depending on the laws in your region, they may still be eligible for compensation even if they were partially to blame for causing the collision.

Claims resulting from these kinds of accidents are subject to a stringent statute of limitations, which means there is a limited amount of time to submit a claim. In other words, the statute of limitations limits when you can make a claim. As a result, it is strongly recommended that anyone involved in a truck collision contact a lawyer as soon as possible. The first step toward obtaining the compensation you are entitled to be discussing your case with a truck accident attorney with experience in the field.

Keep your distance from potentially hazardous truck drivers.

We have all probably witnessed a vehicle suddenly and unexpectedly deviating, leaving its lane, overcorrecting, or performing another movement.

In most cases, these are indications that the driver is participating in distracted driving, that they are under the influence of alcohol or narcotics, or that they may even be dozing off behind the wheel.

Truck drivers should take the same precautions, and you should keep a safe distance from vehicles traveling in a fashion that is not typical for them.

Additionally, many truck drivers may engage in aggressive driving when they are frustrated or when they experience slower traffic. This is a dangerous behavior because it can put them and others in harm's way. Some of the following behaviors may indicate that a vehicle driver is hostile:

Following too closely behind you (tailgating)
By shifting paths suddenly, they cut you off.
Making statements or movements that are threatening, offensive, or both
An unsafely high rate of speed
Irrelevant honking of the siren or flashing of the spotlights

After getting off the freeway and following you

Give a vehicle driver plenty of space if they appear to be driving aggressively.

Never risk yourself by trying to stake your ground against a giant semi truck or get into a physical altercation with one. Instead, it is best to defuse the situation by not responding to their statements or movements and moving out of their way.

This should be done as quickly as possible. If a truck driver pursues you off of an exit and you feel like you may be in danger, you should contact the authorities.

Prevent No-Zones

The blind spots on a massive vehicle are called "no-zones," They can be pretty significant.

There are no-parking zones immediately in front of the trailer, behind the trailer, along both sides of the trailer, alongside the trailer on either side and next to the entrance on the passenger side of the tractor.

If you are required to drive in a no-zone or past a truck while doing so, do so as swiftly as possible and make every effort to exit the no-zone as soon as possible.

Always remember that you should be able to see the truck driver immediately or in the rearview mirror; if you cannot, the truck driver will probably not see you.

Step Over For Stopped Vehicles

When a truck driver encounters a problem while driving, it's possible that they won't be able to make it to a truck stop in time, so they may have to turn over on the side of the road or at the bottom of an exit ramp instead.

Even though truck drivers are required to adhere to a specific procedure whenever they are pulled over, it is only sometimes that they do everything that needs to be done.

You can improve your chances of staying out of harm's way by making it a point to steer clear of passing a stopped truck head-on and instead selecting one of the lanes on the roadway's perimeter whenever possible. This will allow you to avoid a potential head-on collision with the vehicle's trailer.

Additional Possible Sources of Negligence in Vehicle Crashes

There are some potential contributors to severe vehicle mishaps, not the least of which are truck drivers.

For example, some of those who might be neglectful are:

Trucking company

The trucking business may be held liable for an accident if it hired unpracticed or underqualified drivers, failed to undertake required alcohol and drug screenings on motorists, failed to monitor and control or discipline motorists to guarantee FMCSA adherence, encouraged dangerous acts to enhance their bottom line, failed to adequately investigate and preserve vehicles in the fleet, and any number of other things.

Freight loading crew

In the event of a mishap brought on by improper loading, improper cargo securing in the container, or over-loading (typically for liquid cargo), an autonomous cargo loading crew could be found responsible. Crashes like rollovers and jackknifing are made more likely by the improper loading of vehicles, making slowing and stopping difficult.

Makers of trucks must offer only crash-tested and thoroughly inspected components. Therefore, the maker must be liable under product responsibility rules if a malfunctioning vehicle component leads to a crash.

An entity of the state

The government must ensure that all roadways and freeways are safe and well-maintained. Potholes, giant cracks in the concrete, uneven paths, and other road hazards pose a significant risk of loss of control for large industrial vehicles.

Accidents involving trucks caused by road hazards should result in the government agency responsible for fixing the problem paying for the damages caused to the casualties.

Questions Commonly Answered About Truck Crashes

More than a hundred individuals die in incidents affecting large trucks in Pennsylvania every year, and many more are hurt. Those who have been injured in truck accidents or lost loved ones due to the carelessness of truck drivers often have many concerns. Some of the most common queries we get from customers are addressed below.

Why do trucks crash?

Negligence is the leading source of truck accidents, comparable to any other form of transportation. Commercial truck transportation is fraught with opportunities for human mistakes, some of which include:

Generally, the faster you're going, the more room you'll need between your car and the one in front of you to halt safely. Similarly, a large truck trailer needs additional space to stop safely.

Truck drivers are not immune from the daily distractions that other motorists encounter, such as messaging and other cell phone use, GPS and vehicle settings, food and beverage consumption, thinking, and exterior distractions like busy building sites, advertising, and even prior incidents.

Tiredness is widespread despite the Hours of Service rules that mandate rest periods and pauses for truck drivers. According to Federal Motor Carrier Safety Administration research, time of day plays a far more significant role in truck mishaps than total time spent on the job. Many motorists regularly take to the roads at night to avoid crowds. These hours disrupt the body's natural sleep-wake pattern, known as the circadian, and the human tendency to slumber during the day.

While regular drug testing for illicit substances is required of truck drivers, many legally obtained medicines, both over-the-counter and prescribed, can impede a driver's ability to operate a vehicle securely. Several truck drivers continue to run their cars while under the influence of alcohol despite the prevalence of alcohol monitoring and the decreased allowable amounts of breath alcohol content for commercial drivers.

Commercial vehicles log huge annual mileage but often need better upkeep. Because of the number of kilometers, regular maintenance is required. Vehicle failure is common in crashes due to worn brakes, wheels, and handling.

The wrong way to carry cargo: A single truck journey can involve several thousand pounds of items. Uneven distribution of the truck's body mass can be caused by improper loading and securing of these goods.

Misplacing Your Way: It is common for truck drivers to be requested to deliver or pick up cargo in places they have never visited. It sometimes causes the motorist to skip a turn or go the incorrect way down a one-way street or highway onramp.

Why do vehicle collisions pose such a high risk?

Philadelphia Philly Vehicle Accident Attorney | 18 Wheeler Accident Attorney, The sheer scale of trucks means collisions often result in the most extensive damage possible to other vehicles on the road. Twenty to thirty times the weight of a typical passenger vehicle is standard for a fully loaded truck. There is a lot more space between the earth and their tires. This limits the vehicle driver's maneuverability in several ways, including:

A tractor-trailer requires an additional 40 percent stopping distance when fully loaded, even when traveling at legal rates and on dry roadways. This buffer zone widens as the vehicle's speed rises and the road surface becomes damp or slippery.

Because of its high gravity point, the truck is likelier to flip over when negotiating sharp turns at high speed or swerving to escape a collision.

Considering its size, a vehicle needs a sizable amount of room to make a complete turn. The people in the neighboring lines of traffic and the lanes for making turns are in danger.

All four sides of a truck have sizable blind areas. Vehicles changing directions may not be able to see parked passenger vehicles in their blind spots, increasing the likelihood of a collision. Vehicles that need to be towed also have blind areas.

Cars traveling behind tractor-trailers risk being "underridden" because of the large gap between the vehicle and the road surface.

Do not interstate transport drivers fall under government regulations?

Yes. To get their CDL, truck drivers must complete extra instruction. Furthermore, they are mandated to have more extensive liability coverage for the safety of other drivers. Additional rules that affect industrial vehicle drivers and the businesses that hire them are as follows:

Guidelines for working hours
A mandate for electronic logbooks
Instruction on how to safely transport and secure goods
Verification of regular upkeep
Education in the Safe Transport of Dangerous Goods
There are height and weight restrictions on the car.
Regular drugs screenings

Can anyone else be held responsible in addition to the vehicle driver?

Yes. Your injuries could have been caused by a mishap, and it's possible that someone or something else was at fault, according to the particulars of your situation. Your counsel will investigate the accident, the truck, the trucking business, and the driver to establish all potential avenues of responsibility and insurance coverage. Other possible defendants beyond the lorry driver are:

The trucking corporation, as the employer, was accountable for carrying out an extensive background investigation on the motorist and his or her driving record and for training and sending out onto the road an employee who reflected positively on the business.

The shipper, irrespective of whether or not they have helped convey the merchandise, is liable for verifying the legitimacy of the transportation firm it engaged.

Other motorists whose carelessness may have played a role in causing the collision.

The person or organization is tasked with keeping the car in working order.

Whoever made the faulty vehicle components that helped cause the accident, whether it was the maker or distributor.

The insurance company has already started calling me, and I'm still in the hospital. What do I even say?

Insurance firms' primary motivation is profit maximization. One tactic they use is to give victims of accidents quick, small monetary payments. The issue is that these types of settlements infrequently cover the entire cost of future medical care and the disruption to your life that resulted from your injuries.

Insurance companies profit in another manner by pressuring injured parties to make statements that could be interpreted as an admission of guilt and thus prevent or reduce any payout. Consult an advocate before agreeing to a settlement or offering comments to the insurance provider representing the truck driver or transportation business.

Your lawyer will handle all communication with the insurance company and any other parties involved in the case on your behalf. He or she's going to also work to determine the value of your case according to the expenditures you've incurred as a result of the accident, including current and future medical bills; property damage; costs associated with long-term disability; lost income, and future earning potential; and the severe mental and behavioral effects of the incident.

Will I need a lawyer to handle the settlement of my vehicle accident case?

While settling a court claim with an attorney's help is legally possible, doing so is highly encouraged.

Having a lawyer on your side who has experience with truck crash cases can help you negotiate a much larger settlement than you could get on your own.

Your attorney is familiar with the court's filing requirements and time constraints and can connect you with specialists in medicine and mishap reconstruction who can bolster your case.

You can guarantee that everyone involved, from the trucker and his or her employer to the trucking business and the insurance agency, will consult their lawyers. You should hire counsel to help you navigate the system and advocate.

Will my case definitely go to court if I retain legal representation?

No. The reality is that many instances of personal injury are resolved out of court.

Even so, your lawyer will always prepare you for court, and you should be ready to go up against the influential business lawyers often retained by trucking firms.

Your lawyer should be confident to negotiate fiercely to secure the most favorable agreement.

How much of my medical bills, lost wages, and other costs can I get back in the case of a vehicle accident?

In the case of a car mishap resulting in injury, PA law permits the victim to seek compensation for financial and non-financial losses from the at-fault party or parties. The following items fall under the umbrella term of "damages" or "expenses:

Lost wages from being unable to work while recovering from injuries; the cost of mobility facilities like wheelchair users, handicap adjustments to your car, and prosthetics; medical bills like ambulance transport, emergency room care, hospital stays, diagnostics, laboratories, surgical procedures, physiotherapy, and meds; the charge to replace or fix your vehicle;

Pain, anguish, shame, disgrace, the inability to participate in regular social activities, and physical deformity are all non-financial losses.

Non-economic losses are difficult to put a price tag on.

The jury will take into account your age at the moment of the incident, the intensity and permanence of your injuries, the effect they have had on your ability to enjoy life and the actions you participated in before the accident, the degree to which your injuries have caused disfigurement, and the amount of pain and suffering you have endured when making their decision.

Punitive damages intended to deter the offender from engaging in especially egregious conduct in the future may be given in addition to financial and non-economic harm.

The drunk car driver responsible for the crash is now facing criminal charges. I was injured, but do I still have legal recourse?

Yes. Driving under the influence is a serious crime that will be punished as such. Remembering that a personal injury case is a legal claim, not a criminal one.

The damages awarded to the complainant rather than the defendant are the final product of a victorious conclusion in a legal lawsuit. It makes no difference if the motorist is apprehended, guilty, or cleared of the criminal accusation; a personal harm claim can still be brought.

An important point is that a criminal sentence can be used as proof of fault in civil court for injuries sustained.

The truck accident that took the life of my spouse was a terrible tragedy. Have I any chance of getting paid?

Yes. In the event of a fatal mishap triggered by someone else's carelessness, the relatives of the departed may file a wrongful death suit in Pennsylvania to seek compensation for their losses. A claim can be made by a personal agent for:

Spouse of the deceased
Minor heirs of the deceased
Adult heirs who were financially and emotionally supported by the deceased
Parent(s) of the deceased

In cases where a personal agent fails to submit a medical malpractice claim in under 6 months of the decedent's death date, the beneficiaries are entitled to do so on their own. After a fatal accident, a victim's family may be entitled to the following compensation:

Spending on a funeral and interment
The potential loss of prospective earnings
Harm and suffering
The surviving partner suffers "loss of companionship," or the emotional and bodily separation caused by the passing of the deceased partner.
Any punitive penalties

Failure to Submit to Mandatory Testing for Drugs or Drinking

Since it is incredibly reckless to get behind the wheel of a large commercial vehicle while under the influence of drugs or alcohol, the FMCSA imposes stringent regulations on all forms of commercial driving while inebriated.

To comply with one of the regulations 2, trucking companies must conduct unannounced drug and alcoholic beverage tests on their motorists frequently, before or after the drivers' hours.

In response, when a driver is involved in a collision that results in significant injuries or property damage, they must submit themselves to a test for drugs or alcohol.

When transportation companies fail to conduct the required chemical analysis on their drivers, it may enable drivers who have problems with alcohol or drugs to keep driving while inebriated without fear of being caught.

If motorists are aware that their companies do not conduct drug or alcohol tests, they may even feel encouraged to exceed the limits and drive when they are under the influence of drugs or alcohol.

Putting Pressure on Carriers to Violate Restrictions Issued by the FMCSA

Trucking businesses have, in some instances, gone so far as to actively encourage their drivers to disobey certain restrictions established by the FMCSA.

One typical illustration of this would be to request that couriers complete dispatches at a quicker rate than they can do while still complying with the hours of service standards.

If drivers are pressured to comply, they risk becoming exhausted, which increases the risk of an accident. In addition, businesses may fabricate records to give the impression that their drivers are already by the law when, in reality, the motorists are breaking the law somehow.

What to Do in the Event of a Collision Involving a Semi-Truck

Thousands of individuals sustain injuries yearly due to collisions featuring massive trucks.

These collisions are often the consequence of negligence1 more on the side of the trucker or another person accountable for the vehicle or its cargo; consequently, the victims of such accidents frequently have the legal right to receive compensation for their injuries.

Even so, following an accident doesn't immediately result in the issuance of a check. Sufferers can increase their compensation possibilities in several ways, described more in-depth in subsequent paragraphs.

Philadelphia Accident Lawyer