Reading Truck Accident Attorney
Victims of semi-truck accidents in Reading, Pennsylvania, very often endure extremely severe physical, emotional, and financial hardships. This is why, after an accident or injury, hiring a top-rated Reading truck accident lawyer from Wilk Law’s injury law firm is in your best interest. Wilk Laws’ truck accident attorneys specialize in claims involving semi-trucks and 18-wheelers and will offer you a level of knowledgeable legal guidance that you won’t find from any other law firm.
Call Wilk Law today at (866) 981-9488 for a free consultation with a dedicated member of our award-winning law firm who can provide you with the support and expertise needed to help you through this challenging time.
To illustrate the seriousness of truck wrecks in the state of Pennsylvania our legal team looked up the most recent crash statistics. In 2023 there were 7186 truck crashes and 157 fatalities related to them. There are reasons so many truck accidents happen, some of which have to do with the trucking industry in the state and the large amount of trucks transporting goods.
Not to mention the boom in e-commerce over the last few years which has led to a surge in the number of trucks on the road.
Who Do I Sue After Being Injured in a Truck Accident?
A big component of truck accident injury lawsuits in Pennsylvania has to do with identifying who is liable for the crash. This is part of why these claims are often much more complex than your standard accident involving automobiles. That said, here’s a basic breakdown of who might be responsible:
Independent Truck Drivers: They are usually liable if the driver is an independent contractor. However, trucking companies might misclassify employees as contractors to avoid liability.
Trucking Companies: When a company employs the driver, the company itself may be held accountable.
Truck Manufacturers and Mechanics: If a mechanical failure or defect is to blame, the manufacturer or mechanic responsible for the truck may be liable.
Truck Packers: Improper loading can lead to accidents. If the load is uneven, the packers or their employer might be responsible.
Other Negligent Parties: Sometimes, other third parties may be involved.
Pennsylvania No-Fault Insurance Laws
In Pennsylvania, the no-fault insurance system primarily covers minor accidents. What that means is that under this system, you are going to have to rely on your own insurance to compensate for medical expenses and certain economic losses, regardless of who is at fault.
Keep in mind that this no-fault coverage isn’t gong to apply to severe and potentially catastrophic accidents involving semi-trucks. In cases where the injuries are life altering, you can step outside the no-fault system and pursue a lawsuit against the at-fault parties like the ones we listed above.
Comparative Negligence Laws in Pennsylvania Truck Crash Claims
Understanding comparative negligence is essential in truck accident cases in Pennsylvania. This rule determines how liability and damages are divided when multiple parties are at fault.
In Pennsylvania, you can recover damages if you are less than 51% at fault for the accident. This means even if you share some responsibility, you can still receive compensation for your losses, though it will be reduced based on your level of fault.
How Comparative Negligence Applies to Trucking Accidents
Trucking accidents involve various parties, such as the truck driver, trucking company, and other motorists. Comparative negligence requires assessing the fault of all involved parties.
For instance, if a truck driver runs a red light and hits a speeding car, both parties may share fault. If the truck driver is 70% at fault and the car driver 30%, the car driver can still claim damages, but their recovery will be reduced by their percentage of fault.
Determining Fault in Pennsylvania Trucking Accidents
Determining fault involves a detailed investigation:
- Accident Scene Analysis: Examining skid marks, vehicle positions, and road conditions.
- Police Reports: Reviewing official documentation of the accident.
- Witness Statements: Gathering accounts from those who observed the accident.
- Vehicle Damage: Assessing damage to vehicles.
- Driver Logs and Records: Checking the truck driver’s logbooks and maintenance records.
Expert witnesses, like accident reconstruction specialists, may help clarify the accident’s sequence and each party’s degree of fault.
Legal Implications for Victims and Trucking Companies
Comparative negligence impacts the compensation amount for victims. If a victim is 20% at fault in a $100,000 claim, their compensation is reduced to $80,000.
Proving the victim’s partial fault can reduce trucking companies’ liability, but if the company is found primarily at fault, it may face significant financial responsibility. This underscores the importance of safety compliance and thorough driver training to mitigate risk.
To learn more about how fault is determined, reach out to an experienced Reading truck accident lawyer at our law firm.
The Different Kinds of Truck Accidents
Truck accidents of all types cause devastation on today’s highways, leading to considerable property damage and catastrophic injuries. Here are some common types of truck wrecks and their causes:
Jackknife Crashes: These occur when a truck’s cab and trailer form a 90-degree angle, often caused by sudden braking. The weight of the trailer pushes it forward against the traction of the cab, leading to a loss of control.
Truck Rollovers: When a driver loses control, the truck can tip over, often due to taking a turn too quickly or unevenly distributed cargo. These accidents can involve multiple vehicles, causing severe injuries.
Tire Blowouts: Heavy loads and long distances increase the risk of tire failure. A blowout can cause the truck to veer uncontrollably, posing a danger to nearby vehicles.
Wide Turn Collisions: Large trucks require a wide turning radius. When turning right, they often swing left first. Failure to account for rear or side traffic can lead to collisions with vehicles or pedestrians.
Blind Spot Accidents: Trucks have significant blind spots, known as “No Man’s Land.” Accidents occur when truck drivers can’t see adjacent vehicles while changing lanes.
Rear-End Crashes: Due to their weight, trucks need more distance to stop. Speeding, distracted driving, or driver fatigue can cause rear-end collisions, which can result in severe damage and injuries.
Underride Accidents: Smaller vehicles can lodge under a truck’s trailer during sudden stops. These are some of the deadliest accidents, often resulting in fatal injuries.
Improperly Loaded Freight: Unsecured or overloaded cargo can fall out, creating hazards for other motorists and leading to multi-car accidents.
Head-On Collisions: These occur when trucks cross the center line, often due to distracted or drowsy driving. Such impacts are usually devastating, causing severe injury or death.
T-Bone Accidents: These happen when a truck runs a red light, hitting another vehicle perpendicularly, leading to severe injuries or fatalities.
Negligent Driving: Speeding, distracted driving, fatigue, and improper lane changes contribute significantly to truck accidents. Inadequate training and driver inexperience also play critical roles.
Truck accidents in Reading, Pennsylvania, are a serious concern. They are often caused by driver negligence and improper vehicle maintenance. Victims of such accidents deserve experienced legal representation to fight for their rights and compensation.
Are There Laws and Regulations For Truck Drivers in Reading, Pennsylvania?
Pennsylvania has stringent laws and regulations to ensure the safety of truck drivers and other road users. These rules are enforced at state and federal levels and incorporate the Pennsylvania Trucker’s Handbook guidelines.
Weight Limits
In Pennsylvania, truck weight limits are meticulously regulated to protect infrastructure and enhance road safety. The maximum allowable weight depends on the road type and the vehicle’s axle configuration. Compliance with these weight limits is essential for preserving Pennsylvania’s roadways and ensuring the safety of all users.
Lightly Loaded Enclosed Trailers
Lightly loaded enclosed trailers present unique handling and safety challenges. They can be more susceptible to high winds and sudden movements, such as swaying or jackknifing.
Pennsylvania regulations underscore the importance of securing even minimal cargo within enclosed trailers to prevent shifting loads, which can further destabilize a vehicle. Adhering to guidelines for lightly loaded trailers ensures safe transportation under adverse weather conditions or when navigating tight turns and high-speed highways.
Hours of Service (HOS) Regulations
Pennsylvania’s HOS regulations combat fatigue among commercial drivers. These rules specify the maximum number of hours drivers can operate before taking a break. Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
Compliance with these regulations is monitored through Electronic Logging Devices (ELDs), which automatically record driving times. Violations of HOS regulations can lead to severe penalties, including fines and temporary suspension of driving privileges.
Regular Vehicle Inspections
Regular vehicle inspections, mandated at least once annually, cover a comprehensive checklist to ensure commercial vehicles’ safety and operational efficiency. Failure to comply can result in significant penalties, including fines and being taken out of service until compliance is achieved.
By adhering to these laws and regulations, truck drivers in Reading, Pennsylvania, help maintain high safety standards and reduce the risk of accidents.
For immediate legal assistance from a skilled and experienced Reading truck accident attorney contact our law firm today. Our skilled legal team offers free case evaluations and is never too busy to speak with you.
What Makes Truck Accident Lawsuits More Complicated Than Other Claims?
Truck accident lawsuits are significantly more complex than standard auto accident claims due to the unique factors involved. Unlike typical car crashes, collisions with large trucks can lead to severe property damage, catastrophic injuries, and even death.
The immense size and weight of semi-trucks often result in extensive and long-term medical needs for victims, which can leave them permanently disabled and unable to work.
Navigating a truck accident claim requires specialized knowledge. Federal regulations, such as the Federal Motor Carrier Safety Act (FMCSA), govern various aspects of truck operations, including vehicle maintenance, cargo regulations, and driver conduct.
Understanding these regulations is crucial, as they impact the investigation and outcome of a case. Experienced Reading personal injury lawyers know these rules and can leverage this expertise to build a robust case.
Additionally, truck accident cases demand a prompt and thorough investigation. Trucking companies and insurers often deploy their own investigators quickly to gather evidence and construct a defense.
This makes it essential to consult with a skilled Reading truck accident lawyer before making any statements or signing documents from an insurance company. Their prompt action ensures that your rights are protected and that crucial evidence is preserved.
Why Evidence is So Important After a Truck Accident in Reading, Pennsylvania
Given the severity and complexity of truck accident cases, evidence is crucial for a strong claim. Collecting comprehensive evidence helps establish liability and secure fair compensation.
Key Evidence Sources:
- Accident Scene Documentation: Use your phone to capture photos of the damaged vehicles, the scene, contributing factors, and your visible injuries. Gather contact information from other drivers and witnesses.
- Trucking Logs: Review the truck driver’s logs to check for fatigue or violations of driving hours.
- Maintenance Records: Obtain records to verify if the truck’s upkeep was neglected, which could be a contributing factor.
- Witness Accounts: Collect written statements from witnesses to support your claim.
- Expert Testimony: Accident reconstruction experts can provide insights into how the crash occurred.
- Police Reports: The report may include crucial details about the accident, initial findings, and witness information.
Additional Evidence Collection:
- At the Scene: Document the accident scene, injuries, and contact details of involved parties and witnesses.
- Post-Accident: Secure medical reports and insurance documentation.
- Attorney’s Role: A skilled lawyer will gather eyewitness depositions, dash cam footage, truck black box data, and detailed maintenance records to build a robust case.
Thorough evidence collection is essential for addressing disputes between trucking companies and insurers.
What Does a Reading Truck Accident Attorney Do?
A specialized attorney in Reading, Pennsylvania, is crucial in handling your truck wreck case. They investigate the accident scene, gather evidence such as photographs and truck maintenance records, and review the driver’s logs to identify any regulatory violations. They also collect testimonies from witnesses to build a comprehensive picture of the accident.
The lawyer engages expert witnesses, including accident reconstructionists and medical specialists, to support your claim. They handle negotiations with multiple insurance companies to ensure you receive total compensation for medical expenses, lost wages, and other damages. If a fair settlement isn’t reached, they will prepare and file a personal injury lawsuit and represent you in court.
Their specialized knowledge of trucking regulations and industry standards ensures a thorough and effective handling of your case, increasing your chances of securing maximum compensation for your injuries and losses.
What Factors Affect Settlement Amounts in Semi-Truck Accident Claims in Reading, Pennsylvania?
Economic Losses
Economic losses are tangible costs related to the accident. This includes medical expenses for immediate and ongoing care, lost wages due to the inability to work, and potential future earnings. Additional costs may include transportation expenses for medical appointments and caregiving needs if in-home assistance is required.
Non-Economic Losses
Non-economic losses are more abstract and include pain and suffering for physical and emotional distress, loss of enjoyment of life if the accident diminishes your ability to participate in activities you once enjoyed, and emotional distress resulting from the accident. Loss of consortium, which refers to the impact on relationships with loved ones, is also considered.
Insurance Company Tactics
Insurance companies often try to minimize payouts by offering lower settlements initially, disputing liability by arguing pre-existing conditions or claiming shared fault for the accident. Their goal is to reduce their financial responsibility.
Unique Truck Accident Factors
Truck accidents involve multiple insurance policies, such as those of the truck driver, trucking company, and possibly the manufacturer, which can affect the settlement amount. Non-compliance with federal trucking regulations can also strengthen your claim.
Legal and Damage Cap Considerations
Damage caps apply to claims involving government entities, with limits set at $250,000 for state agencies and $500,000 for local agencies. The threat of litigation can sometimes lead to higher settlement offers as insurers seek to avoid the costs and risks of court.
Negotiation and Litigation
During pre-litigation, your lawyer will gather evidence to support your settlement demand. If a fair settlement cannot be reached, your lawyer will prepare for trial to argue your case in court.
Understanding these factors will help you navigate the claims process and work with your attorney to achieve a fair and comprehensive settlement for your truck accident claim in Reading, Pennsylvania.
Experienced 18-Wheeler Accident Lawyers in Reading, Pennsylvania
Our skilled legal team understands the devastating impact that a truck wreck can have on your life. With years of experience handling complex semi-truck and 18-wheeler accident cases, our dedicated team of attorneys is committed to fighting for your rights and securing the compensation you deserve. We know that facing the aftermath of a truck accident can be overwhelming, which is why we offer personalized, compassionate support every step of the way.
If you or a loved one has been involved in a truck accident, don’t hesitate to contact us today for a free consultation. Our skilled attorneys will thoroughly investigate your case, advocate on your behalf, and work tirelessly to achieve a favorable outcome. Contact our law firm today, and let us put our expertise to work for you. Your path to justice starts here.
Some of the locations near Reading, Pennsylvania, that we serve include West Chester, Philadelphia, Coatesville, Downingtown, Berwyn, Kennett Square, Exton, Phoenixville, Pottstown, Devon, Frazer, and more.