Vehicle accidents involving large trucks and semi-trailers can quickly become highway disasters. They often involve multiple victims, extensive damages, and even fatal injuries. If you were hurt in a truck crash, call a lawyer for help getting financial compensation.
We must determine who is responsible for the accident before you can obtain compensation. Truckers, their employers, and various other drivers involved in the accident may share fault. One person may find it difficult to afford your damages, and it is smart to include trucking companies in the case, as they often have greater financial resources. Evidence may come directly from the crash scene, witnesses, records, and elsewhere, depending on your situation. Contact an attorney right away to begin your case.
Ask our truck accident lawyers for a free, confidential legal assessment by calling The Reiff Law Firm at (215) 709-6940.
Who May Be Responsible for a Truck Accident?
Multiple people or entities may be at fault for a truck accident, and we must include all potentially liable parties in your lawsuit to help make sure you get the compensation you deserve.
Truck Drivers
Even minor mistakes behind the wheel of a large truck could cause massive accidents. Common examples of trucker negligence may include, but are not limited to, speeding, falling asleep at the wheel, driving while intoxicated, and distracted driving. We may need to wait for the authorities to complete a formal investigation before we know for sure who is responsible for the accident.
Trucking Companies
If a truck driver is directly liable for an accident, their employer may be held vicariously liable. Under the law, if an employee negligently causes injuries while in the course of their normal job duties, their employer may be held vicariously liable for those injuries even though they were not directly involved in the accident.
Alternatively, the trucking company may be held directly liable if they knowingly hired someone unfit for the job. For example, if the trucking company learned that a job candidate has a history of DUIs but hired them anyway, the trucking company may be directly liable for a drunk driving crash caused by the trucker they hired.
Other Drivers
Still, other drivers involved in the crash might not be innocent victims. They might have also acted negligently on the road, contributing to the accident. For example, if another driver in a car negligently braked the speeding truck driver, both drivers may be responsible for the resulting accident.
Where Should We Look for Evidence for a Broomall Truck Accident Case?
Finding evidence is rarely simple or easy, and your attorney should have the skills and experience to find the evidence you need to prove your claims.
Photos from the Accident
If you or someone with you took photos of the accident after it happened, those photos may be entered into evidence in your lawsuit. People commonly take photos to show to insurance companies, so it is not unusual to find someone with photos of a truck accident. Often, these photos contain important information that is lost after the police clear away the accident.
Video Footage
We should also consider the existence of video footage. You may have recorded footage of the accident with your cell phone while waiting for help. You or another driver might have a dashcam that recorded everything. Nearby homes or businesses might have private security cameras that caught the accident on video.
Witness Testimony
Truck accidents usually involve multiple drivers and passengers. Even if others were not hurt in the crash, they may have seen everything and can testify about it in court.
In many cases, other injured drivers file their own lawsuits against the truck driver and the trucking company. Parts of your case may be combined with theirs so that trying all the cases is more efficient. Even so, your case is legally separate from the others.
Trucking Company Records
Business records may reveal when the trucker was hired, whether they have a history of accidents or bad driving, safety and inspection information about the truck, and other details that may shed light on the accident.
Since we do not have access to records owned and maintained by the trucking company, we might not see them until the discovery phase when both parties must exchange evidence.
How Do You Start a Lawsuit After a Truck Accident?
Starting a lawsuit often involves a lot of time and effort, and it is best to talk to a lawyer about your case as soon as possible.
Call a Lawyer
One of the biggest mistakes truck accident victims make is attempting to handle their legal claims on their own. The accident may be complex and requires further investigation that you cannot perform because of your injuries. You will also need help navigating complex legal procedures and defending yourself against potential accusations from the defendants.
Collect Information
We must start collecting information as soon as possible. We cannot file your case without extensive information about the accident and why we believe the defendants are responsible. This process can take time, and the sooner you start, the easier it may be for your lawyers to find the evidence you need.
File a Complaint
Once we have all the information and evidence we need, we must draft a formal legal complaint. The complaint must explain who the parties to the lawsuit are, how the accident occurred, who we believe is responsible, and evidence to back up your claims. We do not have to present all our evidence in the complaint. We only need enough to establish a valid cause of legal action.
Can You Sue for a Truck Accident if You Share Fault?
Yes. Under Pennsylvania’s modified comparative negligence law, a plaintiff may still sue for an accident even if they are partly responsible, but their damages are reduced. If you are 10% responsible, you lose 10% of your damages. However, if a plaintiff is more than 50% responsible, they are barred from recovering any damages.
What if a Negligent Truck Driver Cannot Afford to Pay Your Damages?
If the truck driver cannot afford to pay, we must look for alternative defendants. This is a major reason why it is important to include trucking companies in these kinds of cases, as they have greater resources to pay for damages.
How Soon After a Truck Crash Should You File a Lawsuit?
In Pennsylvania, plaintiffs filing personal injury lawsuits, such as those for truck accidents, have only 2 years from the accident date to file their cases in court. If you do not file on time, you may be time-barred from bringing your claims.
Are Damages Related to a Truck Accident Worth a Lot of Financial Compensation?
Generally, yes. Truck accidents tend to involve more severe injuries, more serious property damages, and greater consequences for injured drivers. This often means damages are much higher, and many plaintiffs have sued for tens or even hundreds of thousands of dollars.
Contact Our Truck Accident Attorneys in Broomall About Your Claims
Ask our truck accident lawyers for a free, confidential legal assessment by calling The Reiff Law Firm at (215) 709-6940.
