Accidents on the highway can be extremely dangerous, and accidents involving large trucks may be worse than you can imagine. Injuries and property damage tend to be quite severe, and some people are fatally injured. If you or someone you care about was recently hurt in a truck crash, you should contact a lawyer and ask how you can get fair financial compensation.
After a truck crash, you might be wondering if an insurance claim or a lawsuit is the best course of action. Pennsylvania insurance laws might restrict your ability to sue if you purchased a policy with limited tort rights. In such cases, we may have to prove that you have a “serious injury” before you can sue. If you decide to file a lawsuit, we must begin preparing right away, as your time to file the case is limited. We need as much time as possible to gather evidence to build your case.
For a free, private review of your case with our truck accident lawyers, call Cardamone Law at (267) 651-7945.
Should I File an Insurance Claim or a Lawsuit After a Truck Accident?
You may be weighing your legal options right now and deciding between an insurance claim and a civil lawsuit. Before you decide, review your insurance policy with our truck accident lawyers, as the policy terms may determine whether you can sue.
Pennsylvania is a no-fault auto insurance state. Drivers often must file claims with their own coverage, and their ability to sue may be limited. According to 75 Pa.C.S. § 1705(a), when drivers purchase auto insurance in Pennsylvania, they must make full tort or limited tort elections.
A limited tort election means that you may sue only under specific conditions. You must prove you have a “serious injury” before you can sue for damages. If you do not have a serious injury, you may be unable to file a lawsuit for the truck accident. A serious injury is defined to include death, serious and permanent disfigurement, or the serious impairment of a bodily function.
A full tort election gives you the greatest freedom to sue for damages after a truck accident. There is no need to prove you have a serious injury. We only must prove that the defendant is at fault for the accident.
Damages Available in Your Truck Accident Civil Case
Injuries in truck accidents tend to be serious, and property destruction is often extensive. Your damages may be substantial, and you should review them with a lawyer to make sure nothing is overlooked.
Your medical bills will likely be a major factor in how we calculate damages. Medical care is often expensive, even for relatively minor injuries. If your injuries are more serious or catastrophic, you might need extensive and costly medical care.
We must also analyze the costs of property damage and lost income. Your vehicle and various personal belongings might be damaged beyond repair. Your injuries might leave you unable to work for the foreseeable future. These losses represent a significant sum of money and must be claimed as part of your damages.
Not all your damages correlate to a specific monetary loss. Your physical pain, emotional distress, suffering, and loss of enjoyment of your life are non-economic injuries that should be compensated.
When You May Sue for a Truck Accident in Allentown
You only have so much time after a truck accident to file a civil case in court. If this time closes with nothing filed, you might be barred from bringing your claims at all.
The statute of limitations under 42 Pa.C.S. § 5524(2) states that personal injury plaintiffs, including those injured in truck accidents, must file their cases in court within 2 years of the accident unless special conditions exist.
Special conditions that prevent a plaintiff from filing their case within the limitation period may allow them to have the statute of limitations tolled. For example, under § 5532(a), if the defendant leaves Pennsylvania after the truck accident and cannot be located for at least 4 months, the limitation period may be tolled, and the duration of the absence may not count toward the limitation period.
Who to Include in a Truck Accident Lawsuit in Allentown
A vast assortment of people or entities may be implicated in a truck crash. In their investigation, the authorities may identify those responsible, and we can use this information to begin your lawsuit.
We should consider the actions of the truck driver and other negligent drivers. The trucker might have committed a traffic violation or was not paying attention to the road. Similarly, other drivers might have acted negligently, causing the trucker to swerve to avoid them and, unfortunately, cause a crash.
If we believe the trucker is responsible, we may include their employer in the case. The employer may be held vicariously liable if the trucker acted negligently while performing normal job duties.
Evidence to Support Your Truck Accident Claims
We should start collecting evidence immediately. If we wait too long, important evidence may disappear.
Witnesses may be crucial to your case. Truck accidents often affect lots of drivers, and many others likely witnessed the accident unfold. Their testimony about what happened may be priceless. Similarly, we may need your testimony, too.
We can also obtain copies of records related to the accident. Records from the trucker’s employer regarding truck maintenance, safety and inspection, and information about the trucker may give us new insight into the accident.
Police reports are almost always inadmissible in court, but they may lead us to admissible evidence that was uncovered by the police. Truck accidents tend to be large and severe, so the authorities will likely conduct a thorough investigation.
Can I Sue for a Truck Accident if I am Partially at Fault?
If you are accused of somehow contributing to the truck accident, you may still recover damages, but they might be reduced.
According to 42 Pa.C.S. § 7102(a), the judge or jury may determine whether you share blame for the accident. If so, your damages may be diminished according to your share of fault. If you are 10% responsible, you may lose 10% of your damages.
Speak to Our Allentown Truck Accident Attorneys for Legal Support Now
For a free, confidential evaluation of your case with our truck accident attorneys, call Cardamone Law at (267) 651-7945.
