Who Can Be Held Responsible in a Truck Accident Case?

In Philadelphia, Are Truck Accident Lawsuits Complex To Manage?

Most accidents with commercial trucks or “18-wheelers” are hazardous, and most always, you or a loved one are severely hurt or possibly killed.  

The varying types of injuries you can sustain can alter your life for months, years, or even permanently, so it’s crucial, if negligence is involved, that you get the compensation needed for you and your family to move on.

These accidents are also legally complex to approach, litigate, and resolve. In most cases, many different people, entities, and angles must be pursued for you to receive the damages that are justified and desperately needed.

Your experienced, passionate, and aggressive personal injury law team will file suit against multiple parties in almost all truck accident lawsuits. Therefore, you must obtain professional advice, guidance, and experience from a personal injury law team with extensive experience in truck accident litigation.

Truck accident litigation is an extraordinarily complex and idiosyncratic process that requires an in-depth and exhaustive understanding of the Pennsylvania accident statutes. Your lawyer must also possess the passionate determination to fight head-to-head with large trucking companies, insurance carriers, truck manufacturers, etc., possibly simultaneously.

Always remember that your truck accident lawyer at Stampone O’Brien Dilsheimer Holloway is fully committed to holding all negligent parties accountable for their actions and unwaveringly believes that you, as the victim, have the right to file claims against all parties responsible for your injuries.

Who Can My Lawyer Hold Liable in a Truck Accident?

First, you must know that Pennsylvania follows a “modified comparative negligence system,” and to win your case, your well-versed truck accident lawyer must not only prove negligence on the part of another but also that you are less than 51% at fault for your accident. The insurance companies will always attempt to blame you for as much negligence as possible; this is another area in which the help and knowledge of your truck accident law team will prove invaluable.

That said, determining responsibility in a Philadelphia truck accident always depends on the circumstances of the incident, and multiple parties can potentially be held liable, including:

• The truck driver – If the truck driver was speeding, driving under the influence, violating traffic laws, exceeding hours of service limits, etc., they could be held personally responsible.
• The trucking company itself – The company can be liable if it fails to train or supervise drivers properly, encourages overloading or unrealistic delivery schedules, etc.), or fails to maintain the truck. Also, Pennsylvania adheres to the legal doctrine of “respondeat superior,” which holds employers responsible for employees’ actions.
• The truck Manufacturer – Suppose a defective part, bad design, or mechanical failure caused your accident. Under certain specific conditions, the manufacturer of the truck or its components could be liable.
• Whatever company loaded the cargo – If improperly loaded cargo contributed to your accident, the individuals or companies responsible for loading the truck could be liable.
• Maintenance providers – If poor maintenance contributed to your accident, the maintenance provider could be held responsible.

The above are only a few people or entities that could be held liable in your case. So, you begin to see that these cases can involve multiple lawsuits with individuals and companies, and the skilled, knowledgeable, and empathetic help of your truck accident lawyer will be invaluable in getting you the compensation you rightfully deserve.

What Are Some Legal Strategies Used to Prove Negligence in My Truck Accident?

Of course, every case differs, but if you or a loved one have been injured or killed in a truck accident, your compassionate and thoroughly experienced Philadelphia truck accident lawyers will work tirelessly to protect your rights and determine who can be held liable.

However, your lawyers must prove four things to establish liability on the part of any person (or company) involved.

These are:

• A duty of care was breached – The duty of care requirement is straightforward in road accident cases; anyone responsible for a vehicle on a public road (the driver, owner, or another party) owes a duty of care to other drivers to operate that vehicle in a safe manner.
• The driver or someone else breached that duty – The driver may have been driving carelessly or impaired, or the trucking company failed to meet the legally accepted required standards of vehicle maintenance, etc.
• Causation – Another party will only be liable when their breach of duty caused the accident; they could be impaired, etc., but their actions must have caused the incident.
• Damages – The final criterion is that you must have suffered actual harm or “damages” because of your accident. You may not collect damages without some actual, calculable, and compensable loss, whether that be physical, emotional, psychological, or financial.

As you can see, these cases can get immensely complex, and there are often no simple legal answers to be had, yet you’ve been severely injured. This is precisely why you’ll need a skilled, empathetic, and aggressive truck accident lawyer to help you untangle the various circumstances of your situation and pursue the compensation you rightfully deserve.

How Can a Skilled Experienced Truck Accident Lawyer Help Me Win My Case?

The intricacies involved in most Philadelphia truck accident lawsuits often arise from all the unique characteristics of semi-truck and commercial vehicle accidents; these characteristics differ significantly from usual car collisions.

For example, due to commercial vehicles’ size and enormous weight, there is a substantial risk of severe injuries and more significant property damage in any truck accident.

These dire contrasts to standard car crash lawsuits only multiply the intricacies of litigation for a Philadelphia truck accident lawyer, so having a long-standing, successful truck accident lawyer on your side is mandatory.

A lawyer specializing in truck accident cases can significantly assist in winning your case in Philadelphia.

Your well-versed law team will:

• Fully and thoroughly investigate the accident—They’ll gather evidence, analyze the scene, preserve all evidence, and more. They’ll even use expert witnesses to reconstruct the actual events, if necessary.
• Determine and prove who is liable – Identifying the responsible parties is critical to your case. Liability might rest with the driver, the trucking company, the maintenance provider, or the manufacturer of faulty truck parts.
• Prove negligence – Your lawyer will work thoroughly and diligently to establish negligence, such as driver error, improper loading, poor vehicle maintenance, etc.
• Navigating all federal and state regulations – Trucking companies must adhere to federal regulations, and your lawyer will be intimately familiar with these laws and identify violations that support your case. 
• Negotiating with Insurance Companies – Trucking companies often have influential insurance firms, and your lawyer is skilled in handling negotiations that will maximize your compensation.

Most importantly, your lawyer will accurately calculate the damages you’ve incurred, including any future losses not yet sustained but attributable to the accident. They’ll build a strategically thought out and strong case designed to maximize your compensation and ensure you have the funds necessary to move on optimistically with your life.

I’ve Been In a Truck Accident; How Should I Proceed?

Truck accidents almost always result in catastrophic injuries. These accidents can be life-changing, and it is vital that you are promptly evaluated by a medical professional and follow through with all recommended treatment in a timely manner. 

Your truck accident lawyer knows that parties liable for your accident injuries must be held accountable. This is especially true if you have lost a member of your family or friend who has been killed.

The truck accident lawyers at Stampone O’Brien Dilsheimer Holloway are aggressive trial lawyers who will always fight for you and your family. Since 1984, they’ve successfully managed and won truck accident cases and got clients the justice and financial compensation they deserve.

Call them today at 215-663-0400 for a free, confidential consultation. They will use all their resources to ensure you obtain the compensation and bright future you deserve.