What Are the Most Common Causes of Trucking or Commercial Vehicle Accidents That You See?
Commercial vehicle accidents are often caused the same way as normal passenger vehicle accidents; bad driving. However, because of the size and weight of most commercial vehicles the consequences of this bad driving can be incredibly severe, even deadly. Many commercial trucks weigh 20-30 times more than a typical passenger vehicle. As you would imagine, this can seriously increase the consequences of a crash. In addition to driver error, the negligent hiring, training and retention policies of the companies employing drivers of commercial vehicles are often major contributors to commercial vehicle / trucking accidents. Too often, drivers are placed behind the wheel of large and powerful trucks, without the proper experience, or without being properly trained. Additionally, many companies overwork their drivers, because the companies are giving incentives for traveling long distances in a short period of time. In turn, drivers have too many hours on the road and not enough breaks. This leads to tired drivers who fall asleep at the wheel. Some studies have found that up to 50% of truck drivers have reported fallen asleep at the wheel. Additional causes of trucking accidents are equipment failures, poor maintenance and improperly loaded cargo.
What Are Some of the Injuries That You Often See Resulting From These Serious Accidents?
We see a wide variety of injuries, Injuries the run the spectrum, from minor to life threatening. The types of injuries sustained often depend on how fast each vehicle was traveling and the point of impact. In rear-ended cases, we often see neck and back injuries ranging from less-serious strains and sprains, to the more serious herniated discs and fractured vertebrae, all the way to partial and full and paralysis. We also often see a variety of broken bones, in the legs, arms, vertebrae, or ribs. Head injuries, such as concussions, mild traumatic brain injuries and traumatic brain injuries, are also common.
If the Driver and the Trucking Company Are From Outside of My State, Does This Complicate a Personal Injury Recovery Process?
Not usually. As long as the trucking company is legitimate, actively doing business, and driving in Pennsylvania, the company’s out-of-state residency will not be a problem. In fact, it could actually even help your case. When you select your insurance, you select either a Full Tort or a Limited Tort option. Full Tort allows you to sue for pain and suffering, but Limited Tort requires you to establish serious injuries before you can sue to recover for pain and suffering. Limited Tort, though cheaper, drastically affects your ability to recover in a lawsuit. If you’re hit by a commercial vehicle that is registered out of state, you are automatically considered Full Tort, no matter what you selected. This is because, one exception to limited tort is if the at-fault driver’s vehicle is registered in another state outside of Pennsylvania. The victim is considered full tort by exception. This could be a significant benefit to your case.
Winning a Personal Injury Claim Against a Big Trucking Company Seems Impossible or, at Least, Challenging. How Does Your Firm Fight for Your Clients Against These Large, Intimidating Companies?
Claims against big trucking companies can be challenging because the injuries are often severe, the insurance policies are significant and the stakes are high. Trucking insurance policies are usually in the millions, and there are a variety of parties who may be responsible for the cause of the accident, with each of those parties having different insurance coverage. For instance, if you are in an accident with a tractor-trailer, the truck and the trailer often belong to different companies, and are insured by different policies. The goods loaded inside the truck may also be implicated, and that may involve yet another company covered by yet another insurance policy. Identifying the responsible parties and the layers of insurance coverage involved can be quite challenging. If not navigated properly, it can cost you, substantially.
The trucking company, its insurance carriers and its lawyers have a lot of resources and work hard to pay as little as possible, or nothing at all, to injured accident victims. Everything is contested, vigorously. The trucking company gets a head start because they are able to immediately respond to the scene of accident, where they get to interview witnesses, record statements, take photographs, collect evidence and exam vehicles. At Rooney Philly Lawyer, we are familiar with the tactics used by the trucking companies and are experienced at navigating the challenges of trucking accident cases. A Rooney Philly Lawyer, we employ a network of expert witnesses, consultants, accident reconstruction experts, and investigators to assist us in all aspects of a trucking accident cases. Once you retain the service of Rooney Philly Lawyer, we will get to work with our team of experts, examining every facet of your trucking accident case.
For more information on Trucking Accident Cases in Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 279-8400 today.