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Philadelphia Truck Accident Lawyer

If you were seriously injured in a truck accident, there are unique considerations you should understand. Seek legal counsel who has experience with truck wrecks and dealing with trucking companies, so you know your options. The Philadelphia truck accident lawyers at Ciccarelli Law Offices can provide expert legal advice and representation to determine if you are due damages. Our car accident lawyers in Philadelphia with a specialty in truck accidents have the knowledge and skills necessary to protect your rights. Our truck accident attorneys in Philadelphia can quickly collect evidence and help you receive the most compensation possible.

Philadelphia Truck Accident Resources:

Why Choose Our Philadelphia Truck Accident Attorneys?

Philadelphia truck accident lawyers

  • Ciccarelli Law Offices Offers Free Case Evaluations
  • Our team has helped countless clients get the compensation they deserve. Read testimonials here.
  • We are successful in over 95% of our cases.
  • Founder Lee Ciccarelli has years of experience and will fight for your rights and get the compensation you deserve after a trucking accident.

How Do You Win In A Philadelphia Trucking Accident Lawsuit?

A recent accident in Pennsylvania illustrates common injuries caused by truck accidents, as well as the importance of hiring an experienced personal injury attorney. A woman and her child were driving in Chester County when a Mack truck carrying concrete waste tipped over and skidded into the woman’s car. The driver was speeding and had attempted to make a turn, causing the truck to tip.

Thankfully, the woman’s child was unharmed. The woman, however, suffered serious physical and emotional injuries. The accident caused a number of crippling back problems, including sciatica, cervicalgia, lumbar sprain, and bulging discs. Just as damaging, the shock of the heavy truck hitting her vehicle with her child in the car caused a number of emotional and psychological issues. Physicians diagnosed her with PTSD, anxiety, and depression along with physical injuries.

Fortunately, our Philadelphia injury attorneys at Ciccarelli Law Offices were able to get the victim a monetary settlement that covered her medical bills, rehabilitation costs, and emotional adversity. While nothing can take away the pain and difficulty of an experience like this, compensation can reduce financial worries and help a person focus on recovering.

How To Prove Negligence In A Truck Accident Claim

Determining negligence after a truck accident claim can be challenging, but it is not impossible. When you work with a skilled Philadelphia truck accident lawyer, you will have an advocate with the resources needed to conduct a complete investigation into the incident. The nature of this process revolves around obtaining evidence. Some of this evidence will be gathered at the scene of the incident, but other evidence will be obtained in the days and weeks that follow the truck crash. This can include, but is not limited to, the following:

  • Photographs were taken at the scene of the crash
  • Video surveillance from nearby homes or businesses or dashcams
  • Statements from eyewitnesses and other drivers or passengers
  • Any police or accident report
  • The truck’s electronic data recorder
  • The driver’s electronic logging device
  • Trucking company maintenance and inspection records
  • Weigh station records
  • Driver training records
  • The truck driver’s citation history
  • Information from any criminal charges related to the incident

The ultimate goal of gathering all of this evidence is to show that another party breached the duty of care that they owed to the plaintiff (the injury victim). This liability can fall on the driver, the trucking company, or various other entities involved in the overall operation of the truck.

Economic, Non-Economic, and Punitive Damages

There are various types of damages that may be recoverable after a Philadelphia truck accident occurs. This includes economic, non-economic, and punitive damages.

  • Economic damages. These types of losses revolve around calculable expenses Philadelphia truck accident victims are likely to incur as a result of the incident. Our team, along with economic and medical experts, can gather bills, receipts, invoices, and other types of documentation to show the following types of expenses:
    • Medical bills related to the truck crash
    • Lost wages if a victim is unable to work
    • Loss of future earnings caused by a disability
    • Prescription medications, medical devices, and physical therapy expenses
    • Property damage expenses
    • Household out-of-pocket losses arising due to the incident
  • Non-economic damages. These types of losses are not as easily calculable as the economic expenses mentioned above. Non-economic damages, often referred to as pain and suffering damages, revolve around more unseen injuries that truck accident victims in Philadelphia are likely to incur. This includes coverage for a victim’s physical pain and suffering damages, emotional and psychological distress, and loss of enjoyment of life. Even if there are no bills and receipts available to help adequately calculate these losses, there are various methods that an attorney will use to help show a jury or insurance carrier the total costs.
  • Punitive damages. Punitive damages are reserved for situations where the actions of the defendant were found to be particularly egregious or intentional. These are not awarded nearly as often as economic and non-economic damages after a truck accident. For example, punitive damages may be awarded if a driver knowingly got behind the wheel while intoxicated by alcohol or drugs.

How Long Does A Philadelphia Truck Accident Claim Take?

Time to file a Philadelphia truck accident

There is no specific amount of time for how long it will take a truck accident claim in Philadelphia to resolve. Each individual claim has specific parameters that need to be understood, and all of these specifics can alter the timeline.

In many cases, a truck accident claim in Philadelphia will be resolved through settlements with an insurance carrier. Claims that are resolved through a settlement as opposed to going all the way to trial will likely not take as long, but that does not mean they will be resolved quickly. Insurance settlements for a truck accident case could take months or even more than a year to occur. There will be negotiations, and the back and forth can take some time.

In the event the insurance carriers or at-fault party refuses to offer a fair settlement, it may be necessary to file a civil lawsuit against the truck driver or trucking company. This starts the discovery process of the civil lawsuit, and there will likely be continued negotiations. It could take years before a truck accident claim actually reaches a jury if, the claim gets that far at all.

We encourage you to speak to your truck accident attorney in Philadelphia about the expected timeline for your case. Remember, a quick settlement may not necessarily be in your best interest, even if it puts some money in your pocket quickly.

How Do Truck Companies Avoid Liability?

There are various ways that truck companies work to avoid liability after an incident occurs. One of the main ways that they do this is by ensuring that the people who drive for them are labeled as independent contractors and not as employees.

A significant percentage of commercial truck drivers in this country are labeled as independent contractors. When a truck driver is not an employee of the company, this helps the company avoid vicarious liability for the incident. A claim will have to be made against the truck driver’s insurance policy, or it may be possible to file a lawsuit against the truck driver to go after their assets. However, filing against the trucking company becomes immensely challenging in these situations.

Another way that truck drivers work to avoid liability is to ensure they have well-funded insurance carriers and legal teams on their side. Even if a truck driver was an employee of the company, you can be sure that the trucking companies will use various tactics to avoid liability. They will investigate the incident and work to skew the evidence in their favor. In some cases, truck companies and their legal teams go out of their way to try and shift the blame onto other parties, including the injury victim.

It is essential to have a skilled Philadelphia commercial truck accident lawyer by your side when going up against other parties to recover compensation.

What to Do After A Truck Accident In Philadelphia

Philadelphia truck accident attorney

If you are involved in a semi-truck, tractor-trailer or any accident involving a large truck, seek immediate medical attention. Even if you don’t believe you’ve sustained a major injury, it’s important to see a doctor after a crash, because many injuries take time for symptoms to develop. You may have internal bleeding or other latent issues. A doctor will diagnose injuries and provide documentation so that you have a record for any subsequent legal action. Other important steps to take:

  • Call the police. File an accident report even if you don’t think you’ve sustained an injury and you think your vehicle is undamaged. Pennsylvania law requires that all parties involved file an accident report. Furthermore, it can be helpful as evidence if you pursue legal action.
  • Document the circumstances. If you aren’t seriously injured, collect as much information as possible about the circumstances of the accident, including the exact location and the time. Write down all of the truck driver’s information. Be sure to note any witnesses to the accident, as their testimonies may prove valuable. Use your phone to take pictures of the location and any damages.
  • File a report with your insurance company. Along with determining whether your insurance will cover some or all of the damages, an insurance report can help your case.
  • Don’t admit fault. Accidents are confusing. It can be tempting to say something apparently harmless about your part in a truck accident, but someone can use these kinds of statements against you. Document the facts of the accident as thoroughly as you can, but avoid saying anything extraneous to anyone, including your insurance provider.
  • Contact an accident lawyer who has experience dealing with the unique factors involved in truck wrecks. These lawsuits may involve complex liability concerns. It’s best to seek the help of a Philadelphia truck accident lawyer who can help you navigate these unique issues.

How Long Do You Have to File A Truck Accident Claim In Philadelphia?

The statute of limitations to file a personal injury lawsuit in Pennsylvania is two years from the date of the injury. In the case of a trucking accident, this is two years from the date of the accident that caused your injuries. If those injuries caused a death that occurred after the accident, it would be two years from the date of the person’s death.

If there was a death involved, please reach out to our Philadelphia wrongful death attorneys. 

What Types of Damages Can a Plaintiff Recover Following A Philadelphia Truck Accident?

Every trucking accident has a unique set of contributory factors. While some lawsuits can be relatively straightforward, the majority can involve numerous causes, multiple parties bearing differing degrees of liability, and many challenges to recovering compensation. It’s impossible to predict with any accuracy what a plaintiff can recover without knowing the specific details of the case.

Depending on the specific details of your case, that compensation may include:

  • Vehicle damages
  • Medical expenses
  • Funeral costs
  • Pain and suffering
  • Loss of past and future income
  • Loss of comfort, care, and companionship

Philadelphia truck accident attorney

Common Causes for Truck Accidents In Philadelphia

  • Driver fatigue: While recent regulations attempt to limit the number of consecutive hours truck drivers can work, long-distance drivers often still work long hours, driving as much as 11 hours a day and 70 hours a week. Fatigue can be more dangerous than drug and alcohol impairment and carries less social stigma. Many people who would never drive while impaired by drugs or alcohol don’t think twice about driving while tired.
  • Lack of training: Driving a big vehicle takes special skills and a lot of practice. In the rush to get on the road, some companies don’t provide truck drivers with thorough training or sufficient experience. A lack of training and experience may mean drivers have difficulty navigating the dynamics of a large vehicle, especially on rural areas and poorly lit areas.
  • Bad road conditions: Trucks are often required to navigate deteriorated roads and roads under construction. Businesses expect work trucks to be on the road in all weather conditions, increasing the possibility of a truck accident resulting from poor visibility or slick road conditions. Long-distance trucks also encounter rapid changes in weather conditions as they move across the country.
  • Poor vehicle maintenance: Vehicle maintenance is especially important for a large commercial vehicle that moves heavy goods over a great number of miles – especially considering the varying conditions of highways. Vehicle maintenance may be the responsibility of the truck’s owner or others in charge of a fleet.
  • Difficulty braking: Large trucks require much more space to brake than other vehicles. At 60 miles per hour, a tractor-trailer needs 250 feet to stop. Trucks therefore can’t react as quickly to sudden changes in the road ahead.
  • Driver distraction: Because of the special requirements trucks have to make a stop safely, distraction can be especially dangerous. If a driver takes his eyes off the road for even a moment, it may be too late to brake effectively. For long-distance drivers, distractions can take the form of eating while driving, looking at the radio to change channels, or looking at a GPS or mobile device.
  • Inadequately secured cargo: If a truck is carrying a top-heavy load, it’s more likely to overbalance and tip over on a curve. Additionally, cargo moorings may be worn and in need of replacement.
  • Drug or alcohol impairment: Despite attempts to ensure the sobriety of commercial vehicle operators, the National Transportation Safety Board (NTSB) found that 67% of truck drivers fatally injured in a truck accident were under the influence of drugs or alcohol.

Truck Crash Statistics in the U.S.

The incidence of accidents involving large trucks has increased 20% in the last decade. According to the Federal Motor Carrier Safety Administration (FMCSA) statistics for 2020, the most recent year available, every indicator shows the upward trend in large truck accidents is continuing unabated.

  • Large truck accidents resulting in fatalities increased by 10% from 2016 (4,251) to 2017 (4,657).
  • Large truck accidents resulting in injuries increased by 5% from 2016 (102,000) to 2017 (107,000).
  • Large truck accidents resulting in property damage only increased by 3% from 2016 (351,000) to 2017 (363,000).
  • The large truck involvement rate, which is the average of large trucks involved in fatal crashes per 100 million miles traveled, increased by 6% from 2016 (1.48) to 1027 (1.56).

While semi-trucks make up a small percentage of total traffic accidents every year, averaging 3%, the results of a large truck crash can be devastating. This is especially the case when the other vehicle or vehicles in the collision are much smaller passenger cars and light trucks. Due to their greater size and weight, large trucks typically cause much more damage than one would see in an ordinary traffic accident.

And even though large trucks are only responsible for 3% of injury-causing motor vehicle accidents, trucking accidents typically cause much greater harm than ordinary Philadelphia car accidents due to the larger size and heavier weight of most trucks. Large truck accidents also differ from typical traffic accidents in the severity of the injuries they can inflict on the occupants of smaller passenger cars and light trucks. Those who survive a large truck crash often suffer life-changing injuries that can take years to recover from, if at all.

What is an Underride Accident?

Along with heavier weight, trucks are often much taller than passenger vehicles. An ordinary car can actually slide under a truck – an underride accident. Underride accidents can crush a passenger vehicle or tear off its roof. Other kinds of truck accidents are:

  • Rollover accidents – a truck destabilizes and turns over.
  • Lost load accidents – cargo comes detached from the truck and causes a road hazard for the truck and other vehicles
  • Jackknife accidents – a truck’s trailer swings forward and folds into the cab, jamming the truck and causing difficulty steering or braking.

Types of Injuries Caused Philadelphia Truck Accidents

  • Paralysis: Severe impact from a truck accident can damage or sever the spinal cord, causing partial or total paralysis.
  • Broken bones: Due to the heavy weight of the vehicle, bones may be more likely to fracture during a truck accident.
  • Internal injury: Damage to the kidneys, liver, spleen or other internal organs is more likely in a truck accident where the force of impact from the crash is greater. Internal injuries may not have immediate symptoms and can therefore be especially dangerous.
  • Spinal cord injuries: While back injuries are common in many types of vehicle accidents, the extra force involved in a truck accident can increase trauma to the back and neck, increasing the odds of chronic debilitating pain.
  • Wrongful death: In the case of a truck accident fatality, the driver of a truck is least likely to die. Sixty-eight percent of truck accident fatalities are people in passenger vehicles, and 15% are pedestrians and cyclists. The truck driver, the company for which they drive, or the truck manufacturer may be liable if a truck accident kills someone you love.

Along with the potential for serious injury resulting from a larger, heavier vehicle, truck accidents can be emotionally difficult. The impact can be more violent, triggering severe psychological responses like post-traumatic stress disorder (PTSD, which can impede a person’s ability to work and function normally, causing further damage because of the accident.

How is Liability In A Philadelphia Truck Accident Determined?

Truck accident lawyer in Philadelphia

Another unique consideration in a truck accident is the issue of liability. Because many truck drivers are working for a company, the company may have liability for the condition of the vehicle or other circumstances that affected the accident. Determining who is at fault can be more complicated scenario than with a passenger vehicle collision. It requires a careful assessment of all parties involved:

  • The actions of the truck driver
  • The responsibility of the truck owner in the vehicle condition and driver’s schedule, among other factors
  • The manufacturer of the truck or its components
  • A number of other issues unique to the trucking company

Call a Philadelphia Truck Accident Lawyer

Ciccarelli Law Offices work on a contingency fee basis, meaning our team does not charge the client any money upfront. Our Philadelphia truck accident attorneys collect a percentage of the monetary judgment or settlement for representing the client if they win the case. The contract specifies the exact percentage. If the client does not win the case, he or she owes nothing and the attorney does not collect a fee. Contact our Philadelphia accident lawyers today for expert help. We offer free case consultations and case evaluations.

Lee Ciccarelli is an experienced Philadelphia truck accident attorney that has helped victims of trucking accident claims get appropriate compensation for medical bills, physical damage, and psychological injuries. He has shown a unique interest and sincere devotion to serving the public to fight for justice and get results. Call our office if you are facing serious injuries after a trucking accident in Pennsylvania. (215) 228-0100