Trucking Accidents: Common Causes and Liability
June 14, 2019
Truck Accidents in Pennsylvania
Large commercial trucks do not have the same braking or visibility capabilities as personal vehicles do. Unfortunately, this often means that truck accidents lead to extensive damages and severe injuries. Pennsylvania is home to the Pennsylvania Motor Truck Association, meaning there is always the possibility of a local trucking accident.
Most Common Causes of Millcreek Trucking Accidents
If you live in a busy city or the nearby freeway runs through your city, a trucking accident can be a reality. Many of the same situations that can lead to a car accident can also cause a trucking accident. The only difference is that commercial trucks are not equipped with the same safety features, often resulting in a more disastrous situation.
A few of the most common causes of truck accidents include:
- Fatigued driving
- Improper weight
- Mechanical problems
- Driver inexperience
- Failure to keep up with truck maintenance
The cause of the truck accident will determine who is liable. In most cases, truck drivers have a duty to practice local safe driving habits. If they do not, they may be held liable. Additionally, if they are inexperienced or their employer does not maintain necessary truck repairs and maintenance, then it is possible that the employer could also be liable.
One of the most important differences among car accidents and truck accidents is that the trucking industry is regulated by federal laws. Agencies like the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration set and monitor laws that truck drivers and employers are expected to follow.
Determining Liability In a Fairview Trucking Accident
Determining who is liable in a truck accident can be complicated. Each party will attempt to pass off liability and place the blame on another party. For example, the employer may attempt to point blame on the truck manufacturer. The driver may attempt to place blame on their employer.
Complicating things even further, the trucking industry as a whole has attempted to limit their liability. By hiring truck drivers as contractors who own their own truck, they can separate themselves from responsibility when a trucking accident occurs. Federal laws, however, have pushed for liability and as it stands, the employer can be held liable even if the truck driver is a contracted employee who holds a trucking permit. Determining who is liable in a truck accident really requires that you dig into the details of the accident.
Damages In an Erie Truck Accident
Suffering a truck accident can leave you with extensive injuries that can prevent you from working. Filing a lawsuit against the responsible party in a trucking accident may make you eligible for the following damages:
- Medical costs
- Property damage
- Rehabilitative costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
In some cases, the judge may also award punitive damages in an attempt to punish the driver, or company, for their negligence.
Contact an Erie Personal Injury Lawyer to Discuss Your Truck Accident Case in Pennsylvania
Did you or a loved one sustain serious injuries due to a truck accident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Purchase, George & Murphey, P.C. represent clients injured because of truck accident in Erie, Millcreek, Harborcreek, Fairview, and Meadville and throughout Pennsylvania. Call 814-273-2010 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2525 W 26th St, Erie, PA 16506.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.