Philadelphia Truck Accident Lawyer
Commercial truck accidents may result in catastrophic injuries. When vehicles are driving alongside tractor-trailers that are big and high, tractor-trailer accidents may happen, and the handling of such injury claims may be challenging. In such cases, you’ll need to retain an attorney who has extensive experience dealing with these intricate legal issues to get the compensation you deserve.
If you or a loved one has been injured in a truck accident in Philadelphia, Pennsylvania, you may face challenges owing to the complexity or multiple parties involved in a truck wreck. Our experienced Philadelphia truck accident lawyers may help truck accident victims pursue compensation for their losses and damages.
Contact The Law Offices of Greg Prosmushkin today at 215-799-9990 for your free consultation with our legal team, which has more than 30 years of experience, to discuss your legal options.
How Can Philadelphia Truck Accident Lawyers Help You?
A Philadelphia truck accident attorney can help you in several ways if you’ve been injured in a collision with a large truck:
- Trucking accident investigations: Truck accidents can be caused by a variety of factors, including driver negligence, truck malfunctions, and carrier violations of safety regulations. A lawyer will have the experience and resources to investigate the cause of the accident and determine who is liable.
- Insurance negotiations: Truck accidents often result in serious injuries and significant damages. The insurance adjuster may try to deny your claim or offer a lowball settlement. A lawyer can negotiate with the insurance company on your behalf to get you the compensation you deserve.
- File a lawsuit: If the insurance company is unwilling to offer a fair settlement, your lawyer can file a lawsuit on your behalf. This can be a complex process, but a lawyer will have the experience to handle it effectively.
- Recover compensation for your damages: Truck accidents can cause a wide range of damages, including medical bills, lost wages, pain and suffering, and property damage. A lawyer can help you recover compensation for all of your damages.
The Law Offices of Greg Prosmushkin has over 30 years of experience helping truck accident victims prove fault and navigate the legal system. Call us to discuss your truck accident case with our Philadelphia Truck Accident Attorneys, who will help you recover compensation for your damages.
What Are Causes Of Truck Accidents in Philadelphia?
One of the most common reasons for truck accidents is driver negligence. According to studies conducted by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers’ mistakes cause more truck accidents than any other factor. Some of the most common reasons for truck accidents include:
- Distracted driving: Using a cellphone, tuning a radio, or utilizing a CB radio can cause drivers to take their eyes off the road. Distractions can mean not seeing traffic signals or swerving into other lanes.
- Driver error: When a driver makes an erroneous decision it can lead to collisions. Errors could include misjudgments in distance, failing to perform a pre-trip inspection, or fatigued driving.
- Overloaded Trailers: Under Pennsylvania state laws, the maximum gross vehicle weight is 80,000 pounds. Overloaded truck accidents can be extremely serious due to the additional weight.
- Road conditions: Road construction, icy roads, and badly maintained roads can add challenges for any driver. This can also lead to crashes for large trucks.
- Speeding: Driving too fast is extremely dangerous in a large truck. Trucks have a greater stopping distance than other vehicles and this increases with speed.
- Improper maintenance: Trucking regulations require regular maintenance of a semi-truck. Failure to meet these standards may result not only in fines but also create a hazard on the road.
- Poor weather conditions: Weather conditions can reduce visibility and cause roads to be slippery. In these conditions, a trucker may not see another vehicle or lose control of the truck.
- Defective trucks: If a truck or trailer, or the parts thereon, are defective it can cause major problems for the driver and others on the road. When big trucks don’t operate properly, the driver may lose control causing an accident.
- Reckless driving: Failing to obey the rules of the road and without regard for other drivers can lead to serious crashes. Tailgating, ignoring signals, and weaving in and out of traffic are some examples.
- Lack of training: Driving large trucks requires additional and comprehensive training. When drivers have not had appropriate training they may not know how to navigate a situation, causing an accident.
- Aggressive driving: Cutting off traffic, sudden braking, and other dangerous movements of a large truck by the driver can lead to a collision.
- Alcohol: Intoxicated truck drivers are dangerous. The use of alcohol or drugs can cause a driver to lose control of the tractor-trailer.
- Equipment Failure: If equipment on a truck is not working properly, it can cause the truck to move erratically and the driver to lose control. This can lead to crashes.
- Inadequately secured cargo: When cargo has not been properly secured it can fall off the trailer or cause the trailer to tip.
Truck crashes can also occur due to speeding, following other vehicles too closely, and improper passing. Likewise, taking turns hastily, brake failure, ignoring blind spots, driving a commercial truck without proper training, and violating traffic laws or industry regulations can also result in serious accidents.
What Are The Common Injuries Sustained By Truck Accident Victims?
Commercial truck accidents are extremely traumatic and sometimes deadly. Some of the most common injuries during a truck collision are:
- Head Injuries & Brain Injuries: One of the most common injuries that a victim can sustain in a truck accident is head injury. Some brain injuries are concussions and traumatic brain injury (TBI), which can have a severe impact on the victim’s life.
- Broken Bones: Truck accidents may cause broken bones in wrists, arms, and legs, which may further lead to paralysis and even death. In severe cases, there may be lifelong injuries.
- Burn Injuries: If the trucks are carrying fuel and other hazardous chemicals, it may result in disfigurement and burn injuries, which may be catastrophic. Chemical leaks from a truck may be highly inflammable and may even be explosive.
- Spinal Cord Injuries: In truck wrecks, direct injuries may be caused to the spinal cord, which may damage the discs. If the truck accidents are severe, the bone may break, causing damage to the spine and possible paralysis.
- Internal Injuries: Internal bleeding and organ damage can occur following a truck crash. These injuries can be life-threatening.
- Whiplash Injuries: Truck accidents may cause whiplash injuries, such as head and neck injuries or back injuries. Whiplash may be caused due to cervical acceleration and deceleration. It is also known as a strain or neck sprain.
- Wrongful Death: Catastrophic injuries, including a fatality, is unfortunately very possible following an 18-wheeler accident. Surviving loved ones can pursue compensation for their loss.

If you or a loved one has been injured in a truck accident, you should immediately contact an experienced attorney to assist you with timely filing. In Philadelphia, the truck accident victim must file a claim for compensation within two years after the accident occurred.
What To Do After A Truck Accident In Philadelphia?
- Call the police: After facing a truck accident, it is important to notify and inform the police and other authorities. The victim must also take a copy of the police report with them, which will act as evidence in the future.
- Seek medical attention: The second step to improve your chances of receiving appropriate compensation is following your doctor’s orders to the letter. Many personal injury victims have legitimate reasons not to seek medical treatment, but juries rarely accept them. Failure to follow through on recommended treatment can be detrimental to your case. Avoiding necessary treatment can harm your case and reduce the amount of money to which you may be entitled. Finding an experienced medical professional to treat you can both hasten your recovery and benefit your legal case.
- Stay off social media: While you are recovering, stay away from social media. Recent Philadelphia cases have allowed defense legal professionals to view and use Facebook and other social media posts, which can be easily twisted to suggest that you were not injured as badly as you claim.
- Hire a competent accident attorney: The next step to improving your chances of adequate compensation after a truck accident is taking advice from a truck accident attorney in Philadelphia. By retaining a seasoned attorney, you can focus on your recovery rather than worrying about the details of your claim.
- Inform the insurance company: Always remember to inform the insurance company about the accident within 48 hours. Your attorney can help to file the claim and attach all the relevant documents before filing the claim.
- Keep track of lost wages and other expenses: It’s important to document all of your lost wages and other out-of-pocket expenses. Preferably, you should write them down in a notebook or in an app on your smartphone. Keep this information somewhere safe and secluded.
- Evidence Gathering: Evidence collection is crucial following a truck crash. Your lawyer will review any accident scene investigation, your medical evaluation, eyewitness accounts, and collaborate with expert witnesses.
After your claim has been started, the insurance company’s evaluation of the case will also begin. Having negligence proof and proof of your damages is critical. An experienced attorney can present this information and negotiate a fair settlement.
Common Types Of Truck Accidents In Philadelphia
There are many types of truck accidents causing severe injuries. Some common truck crashes are as follows:
- Rear-end truck accidents – Trucks will require more time to slow down and stop owing to the heavy weight. Due to this, many truck accidents take place when they crash into the rear end of other vehicles.
- Head-on collisions – Sometimes, tractor-trailers and other large trucks may crash head-on into other vehicles, which may result in severe injuries and fatalities.
- Pedestrian accidents – When large trucks come to a halt or may turn at an intersection, they may overlook pedestrians who are crossing the streets causing a deadly accident. It may result in catastrophic injuries.
- Rollover truck accidents – Sometimes, due to the uneven weight, tractor-trailers may roll over. Therefore, to prevent such rollover truck accidents, cargo in the trucks must be properly loaded.
- Underride truck accidents – When tractor-trailers slow down or stop suddenly without giving warning, cars or other vehicles behind the truck may crash into the truck, causing accidents.
- Blind spot accidents – Trucks have large blind spots along each side of the vehicle. If a truck driver does not properly check this blind spot before moving the truck, it can lead to crashes.
- Highway truck accidents – The speeding trucks on state highways may cause severe highway truck crashes. Sometimes, truck drivers who are driving for long hours may also cause interstate truck accidents.
Liability determination can be a complicated process. An experienced Philadelphia personal injury lawyer can guide you throughout the entire case, as they are aware of the federal and state laws that apply.
Negligent Parties Who Can Be Held Liable For A Truck Accident
Truck drivers and trucking companies should be held liable for the injuries and damages they cause due to negligence. That said, establishing the fault of the truck driver or business can be very challenging. Some parties that may be held liable in a truck collision include:
- Truck Driver: Distracted driving by a truck driver can lead to a crash. In this case, the driver would be the one held responsible for the damages.
- Trucking Company: It’s possible that the trucking company is held responsible for the negligent actions of the truck driver. For example, the company would be liable if they hired an inexperienced driver or failed to perform regular truck inspections.
- Cargo Loader: The cargo loading company would be the one held liable for the accident if they overloaded the truck or failed to load it properly.
- Parts Manufacturer: If one of the parts was defective that caused the crash, the manufacturer could be held responsible.
- Maintenance company: If a negligent truck repair shop failed to properly fix the truck, it could be held liable for a fatal mechanical mistake.
An Understanding of FedEx Trucks
FedEx trucks generally make use of 18-wheelers to haul freight, popularly known as big rigs or semis. FedEx is used to carry different types of materials, such as household goods, machinery, refrigerated items, agricultural supplies, and building materials. According to the U.S. Department of Transportation, these large trucks cause 13% of traffic accidents, resulting in approximately 5,000 fatalities in the US every year. Of 5,000 people every year.
Some leading causes of FedEx accidents are bad weather, dangerous driving conditions, improperly loaded shipments that can lose their balance, and vehicle breakdowns. Some human errors that cause FedEx accidents are intoxicated truck drivers, fatigue, inadequate truck driver experience, and violation of traffic rules.
What Is A Jackknife Accident?
Semi-trucks are known as articulated vehicles. Articulated vehicles have a pivot joint that connects the cab to the trailer and allows for sharp turning angles. While the pivot joints greatly improve maneuverability, they also put the vehicle at risk of jackknifing.
Some of the reasons why jackknife collisions happen are:
- Improper braking
- High winds
- Improper loading
- Driver error
- Mechanical failure
- Over-steering
Jackknife crashes can happen in these vehicles when the trailer skids and creates an acute angle with the cab, causing the semi to lose control. Due to the immense size and weight of these vehicles, jackknife accidents are incredibly dangerous.
How Long Does An 18-wheeler Lawsuit Take?
Without knowing what caused the crash, it can be difficult to determine how long an 18-wheeler settlement will take. The cases will often take longer if liability is disputed.
Truck accident cases that don’t involve serious injury or wrongful death could be settled as soon as six months after the victim completes their medical care. For a case to be resolved this quickly, it must also be very clear who the liable party was in the accident. However, truck accidents involving serious injuries or fatalities almost always take longer to resolve.
Clients can expect a general guideline of one to two years for a case to resolve, but it will largely depend on your Philadelphia truck accident lawyer, courts, and facts surrounding the collision. The higher the stakes, the longer the case usually takes.
What is the Timeline To File A Truck Accident Lawsuit in Philadelphia?
Every state has its legal deadline to file a truck accident claim, also known as the statute of limitations. The statute of limitations to file the personal injury claim is two years from the date when the accident happened in Philadelphia. The timeline applies to all personal injury claims including truck accidents. If the victim fails to file a claim within this timeline, it will nullify their chances to get compensation.
Some exceptions to the statute of limitations may change the deadline-
- Minors: If the accident victim is a child less than 18 years old, the statute of limitations will not start until they are 18.
- Claim Against a Government Agency: If the victim files a truck accident injury claim against the state government, county, or city, the timeline is six months.
An experienced Philadelphia truck accident lawyer may help to ensure they get fair compensation.
How Do Truck Companies Attempt to Avoid Liability?
Trucking companies might hire drivers only as independent contractors, or under the guise of independent contractor status, to dodge financial responsibility for a victim’s injuries under the theory that they are not legally responsible for non-employee wrongdoing. In the alternative, they might argue that an employee truck driver was solely to blame because that driver was off the clock or was violating company safety policies.
Trucking companies might deny liability by arguing that the victim of the accident, or the driver of another vehicle, or a cargo loading company, instigated the accident, or were partially responsible. They also might try to pin the blame on an external mechanic or on an alleged truck manufacturing defect that was beyond their control or outside of their knowledge.
They may withhold valuable evidence such as the truck itself, truck log books, driver disciplinary files, GPS units, maintenance records, electronic logging devices, event data recorders, or black box data devices. Or they might make a low-ball offer in a premature settlement proposal before the extent of the victim’s injuries is known.
What Damages Can A Victim Recover After A Truck Accident?
There are three main types of damages that an injured victim may receive after a heavy-duty truck accident case: economic, non-economic, and punitive damages, in rare cases. If someone has lost a loved one due to a truck accident, they may seek damages for wrongful death.
It is challenging to seek compensation for damages after a truck accident due to multiple parties’ complexity or involvement. Therefore, to ensure you seek the financial compensation recovery you are entitled to, you must seek help from an experienced truck accident lawyer.
Economic Damages
Economic damages must be paid to the injured victims for legal purposes after they suffer from devastating truck accidents. Medical bills and lost income are two of the most common economic damages a victim may receive after a truck wreck.
Economic damages are those damages that you need to prove if you want to recover them. They are easy to calculate in an insurance claim as these are monetary damages. Some common economic damages are:
- Emergency medical care
- Doctor bills
- Hospital stays
- Prescription medications
- Physical therapy
- Future medical expenses
- Lost wages
- Loss in earning capacity
- Property damage
- Transportation
Non-Economic Damages
Pain and suffering are among the most common non-economic damages that a victim may receive after filing a truck accident claim. Pain arises from bodily injuries, whereas suffering is the mental or emotional distress that a victim faces after the truck wreck. Non-economic damages, or general damages, are different from economic damages and are difficult to calculate. They are meant to provide compensation for physical and emotional suffering due to the truck wreck.
Examples of non-economic damages may include:
- Emotional pain and suffering
- Permanent scarring or disfigurement
- Fear, anxiety, or humiliation
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
Your truck accident lawyer may help you determine the estimated value of non-economic damages along with economic damages.
Punitive Damages
Sustaining catastrophic injuries after a truck accident may come in the way of your enjoyment of life. Therefore, it is important that an injured victim must seek justice for their injuries and damages. Punitive damages are those damages that are awarded in rare truck accident cases. They are meant to punish the wrongdoer for their negligent actions, such as fraud, willful misconduct, and malice.
Suppose the truck driver was drunk during the truck accident; punitive damages will be awarded to the driver.
How Much Does Cost For A Truck Accident Lawyer in Philadelphia?
The answer will vary depending on the lawyer. Some lawyers may charge hourly, while others might charge flat fees.
Most of the time, though, injury lawyers use a contingency fee structure. With this type, you only need to pay if and when you get financial compensation. This fee structure reduces unnecessary stress and burden on the injured victim.
Most lawyers work on what’s known as a “contingency” basis. This entails the following:
- There is no upfront cost to hire an experienced lawyer.
- You do not pay any fee unless you win compensation.
- If they win you compensation, their fee is a percentage of your settlement or award.
Our truck accident attorneys work to pursue compensation for injured victims. We have extensive experience handling cases involving semi-trucks, big rigs, 18-wheelers, tractor-trailers, and more.
Contact Our Philadelphia Truck Accident Attorneys Today
If you or a loved one has been in a truck accident, Contact a Philadelphia Truck accident lawyer or call us today by completing the form on this website or by calling us toll-free at 215-799-9990.
When you get in touch, you’ll be able to speak with a legal professional who can assist you with your case right away. All of it starts with your free case evaluation.