Trucks are much larger than the average car, and accidents involving trucks tend to be more serious. Injuries in these accidents are often severe, even fatal at times. If you were in a truck accident and sustained injuries, ask an attorney how you can sue for damages and get fair compensation.
One of the first important decisions to make is who to include in your case. You might sue the trucker who caused the accident, their employer, and possibly other drivers or even third parties who were not present during the accident. You should talk to an attorney quickly, as your time to prepare and file your case is limited. Once the time is up, you might be barred from filing the case unless special circumstances exist. We need as much time as possible to gather records and evidence to support your claims in court.
Ask our truck accident attorneys for a free initial case review by calling Cardamone Law at (267) 651-7945.
Who Can I Sue After a Truck Accident?
Truck crashes can be large-scale, complex accidents, and it is not always easy to know who is responsible.
In many cases, injured plaintiffs file claims against the negligent trucker. The trucker is often the one directly responsible for the crash, and several factors might have played a role. Distractions behind the wheel, driving while overly tires, or even driving while intoxicated are just a few common ways in which truckers cause accidents.
If our truck accident attorneys file a case against the trucker, we may also be able to sue the trucker’s employer. Employers may be held vicariously liable for injuries caused by negligent employees if the employee caused the injuries while performing their routine duties.
It is a good idea to cover all our bases and consider how other drivers or certain third parties might have contributed to the crash. Other negligent drivers might have caused the accident, or equipment on the truck might have failed. In such cases, other drivers or manufacturers of truck parts might be brought into the case.
How Insurance May Affect Your Truck Accident Case in Reading
Before we file a lawsuit, we must determine how auto insurance will affect your claim. While some victims find their damages sufficiently covered by insurance, others are not so fortunate.
According to 75 Pa.C.S. § 1705(a), when Pennsylvania drivers purchase auto insurance, they must choose between coverage that includes full tort or limited tort options. The choice you make will affect whether you can sue after a truck accident.
The full tort option, while more expensive, offers the greatest flexibility to sue after an accident. You do not have to prove anything or meet any legal criteria before you can file your lawsuit.
If you select the limited tort option, you may still sue for damages after an accident, but only under specific circumstances. According to subsection (d) of the statute cited above, you may only sue if you can prove you sustained “serious injuries.”
A serious injury is defined under § 1702, and includes serious impairment of a bodily function, permanent serious disfigurement, or death.
How Long You Have to Sue After a Truck Accident in Reading
If you can sue, you have a limited amount of time in which to file your case with the courts. According to the Pennsylvania statute of limitations, 42 Pa.C.S. § 5524(2), we must file your case within 2 years, barring special circumstances.
If you cannot file your case on time due to circumstances beyond your control, we can help you have the statute of limitations tolled. For example, if you were under 18 when you were hurt in a truck accident, you may have 2 years from the date you turn 18 to file a case, rather than from the date of the accident.
How Truck Accidents Can Occur
A major step in your case is determining the cause of the truck accident. Again, truck accidents tend to be big and complex, and we may need to wait for the authorities to complete an investigation before we know what happened.
A very common reason for many accidents, including truck accidents, is distractions. Truckers often must communicate with supervisors or coworkers who can give them route directions. They may also need to periodically check in and give updates on their location. As such, they might be distracted by their phone or other communication tools.
Truck accidents may also occur because of improperly loaded cargo. Trailers may be loaded with extremely heavy cargo, and if it is unsecured or unbalanced, the trailer could swerve or even tip over on the road.
We must consider the trucker’s speed during the accident. Even when speed is not the direct cause of a crash, it may make the crash much worse.
Records to Obtain to Prove Your Claims After a Truck Accident in Reading
Much evidence may come from certain records surrounding the accident.
First, we should obtain copies of trucking logs maintained by the truck driver. These logs may shed light on the trucker’s driving, how long they had been on the road, and whether they had stopped to rest.
We should also get copies of records maintained by the trucking company. These may include maintenance and inspection records, cargo records, and safety protocol records.
Many trucks have “black box devices” similar to those on planes. The black box may record various data about the trucker’s driving, including speed, brake times, and time spent on the road.
How an Attorney Can Help You with Your Truck Accident Case
You might be unsure of what to do next, or you might feel unable to take action because of your injuries. An attorney can help you prepare your case while you rest and recover.
Your lawyer will evaluate damages, gather evidence, and prepare legal arguments to build your case. This requires a lot of time, effort, and skill that you might not have, but your lawyer will.
Once we have the necessary information, our legal team can begin drafting a formal complaint. The complaint is a formal legal document that begins the case in court, and we must be careful about how we structure it, as it may set the tone for the rest of your case.
Ask Our Reading Truck Accident Attorneys for Legal Help Today
Ask our truck accident attorneys for a free initial case review by calling Cardamone Law at (267) 651-7945.
