Driving around Allentown, it is almost impossible to go a day without seeing a truck. From the various warehouses and depots in the area to I-78 being a major truck route, trucks are everywhere in Allentown. When these vehicles cause serious crashes, our attorneys work to hold their drivers and the trucking companies that operate these vehicles responsible.
Our lawyers can help you take the driver who hurt you to court, as well as the company they work for, in many cases. This can often result in substantial compensation, as these companies can pay for far more by way of your injuries than an individual trucker can.
Call Leeson & Leeson today at (610) 890-6332 for a free case review with our truck accident attorneys.
Suing Truckers and Trucking Companies for Truck Accidents in Allentown
Lawsuits and insurance claims can often be filed against the at-fault parties after an auto accident, eventually resulting in compensation for the injured victim and their family. When it comes to suing for truck accidents, there are some complications and laws to be aware of:
Ability to Sue for Auto Accidents in Pennsylvania
Pennsylvania’s insurance system allows drivers to choose between limited tort and full tort policies. If you have a limited tort policy, you typically cannot sue and cannot claim pain and suffering damages unless you have “serious injuries.” With a full tort policy, this restriction is lifted, and you can go straight to a lawsuit. Our lawyers can analyze your case and help you determine whether a lawsuit is an option in the first place for your claim. However, the size and weight of 18-wheelers often mean that victims face severe injuries, qualifying them for a lawsuit.
Who to Sue
In most auto accidents, the injured drivers and passengers file their case directly against the at-fault driver who hit them. This driver will usually be held responsible for a traffic violation or unsafe driving that caused the crash, making them individually liable for all of the damages they caused. Usually, their insurance will pick up these damages, allowing victims to get damages from people who might not otherwise be able to afford the damages.
With trucking accidents, there is often an added layer: the accident happened while the driver was doing their job. This allows our truck accident attorneys to file the case against the trucking company under a principle called “respondeat superior.” Under this theory, companies are held “vicariously liable” for the liability of employees committed while they were working within the scope of their jobs. This allows us to file a lawsuit against the trucking company for damages rather than making the individual trucker pay.
Trucking companies can also be held directly liable for their own mistakes. Trucking companies typically own their fleet of trucks, making them responsible for equipment malfunctions and proper maintenance. They are also responsible for screening drivers before hiring them and firing drivers they know to be dangerous from past accidents or drunk driving on the job. They are also required to follow trucking regulations, such as weight limits and equipment requirements. Any issues with maintenance, staffing, or regulatory violations could put the trucking company at fault directly rather than vicariously, making them share in the damages.
In some cases, companies hide dangers from their drivers. This could ultimately even make the trucking company the sole defendant, and both you and the injured trucker could have cases against them for a tragic truck accident.
Process of a Lawsuit
When suing for a truck accident, you will typically start the case as an insurance claim. If the insurance company is willing to pay all damages, there may be no reason to go to court. However, you should still get help from a lawyer when it comes to presenting your claim to the insurance company and calculating your damages. Otherwise, they might ignore your claim or try to shortchange you on damages.
If the insurance company is uncooperative, we can file in court, where they will have to address the lawsuit and go through the stages of trial. This includes the evidence-sharing stage of the case – discovery – where we can subpoena evidence and depose witnesses to get all of the evidence on the table.
Most injury cases settle without ever going to trial, given that it is usually cheaper and faster for everyone. Insurance companies and trucking companies would often rather pay you than be taken to court publicly, potentially pressuring them to settle for a fair value before the case needs to go to trial.
Damages for Injured Truck Accident Victims in Allentown
If you were hit by a truck, you could face severe injuries that require substantial compensation. In most truck accident cases, the massive difference in size and weight between the vehicles can leave the occupants of the other vehicle with serious traumatic injuries and even the potential for lifelong disabilities. This often results in damages that can be grouped into three major categories, along with other potential incidental damages:
Medical Expenses
The total cost of all medical care you receive should be paid by the trucking company, driver, and insurance company, not you. If you were not responsible for the crash, there is no reason you should be left to foot the bill for expensive surgeries, rehabilitation, therapy, and more.
Lost Wages
Missing work because of your injuries is a foreseeable consequence of the crash, and the at-fault driver/trucking company should be made to pay you back for these lost earnings, too. This should include lost wages while you recovered as well as ongoing reduced or lost wages if you had to go back at a reduced pay rate for light duty work or if you have a permanent disability that keeps you from working entirely.
Pain and Suffering
Non-economic damages, often called pain and suffering, reimburse you for the physical, mental, and emotional effects of an accident. This can include the pain you faced, the hopelessness of facing a long-term disability, the fear for your life, and the ongoing difficulty of the recovery process.
Call Our Allentown Truck Accident Attorneys for a Free Case Evaluation
Call (610) 890-6332 today for a free case assessment from our truck accident attorneys at Leeson & Leeson.