Philadelphia Truck Accident Lawyer

Commercial truck accidents may result in catastrophic injuries. When vehicles are driving alongside tractor-trailers that are of big size and height, 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 to pursue compensation for their losses and damages.  

Contact The Law Offices of Greg Prosmushkin today at 215-673-7733 for your free consultation with our legal team, which has more than 30 years of experience, to discuss your legal options.

Why Choose Law Offices Of Greg Prosmushkin for Truck Accident Cases

Our firm can help you file a lawsuit to recover money for lost wages due to not being able to perform your usual work. If you still can’t work by the time your case is resolved or goes to trial, you may also be entitled to future lost wages.

The Law Offices of Greg Prosmushkin has over 30 years of experience helping truck accident victims. Call us at 215-799-9990 or email us to discuss your accident case with our Philadelphia Truck Accident Attorneys, who will help you recover compensation for your damages.

You can be compensated for emotional damages resulting from the accident. Emotional damage can include pain and suffering, distress, and loss of companionship. Because there is no limit on amounts for non-economic damages in Philadelphia, a jury can decide the amount you should receive. Our goal is to help you get a favorable settlement or jury award for your injuries.

We have helped our clients to prove fault and navigate the legal system which will strengthen their injury claim and help them to pursue compensation.

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:

• Investigate the cause of the accident: Truck accidents can be caused by a variety of factors, including driver negligence, truck malfunctions, and company violations of safety regulations. A lawyer will have the experience and resources to investigate the cause of the accident and determine who is liable.
• Negotiate with insurance companies: Truck accidents often result in serious injuries and significant damages. Insurance companies 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.

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.

Truck drivers must understand their responsibility to abide by all driving rules and regulations that apply to them. Considering the size and speed of tractor-trailers, it’s no surprise how dangerous truck collisions can be for other motorists and passengers on the road. Truck drivers must uphold their duty of care and drive carefully to prevent deadly accidents from occurring.
Some of the most common reasons for truck accidents include:

• Driving while tired or violating the hours of service as specified by the FMCSA
• Driving under the influence of drugs or alcohol
• Driving with certain medical conditions, such as epilepsy or heart problems
• Distracted driving, such as texting while operating a tractor-trailer
• Improper maintenance or failure to perform safety checks

Truck crashes can also occur due to speeding, following other vehicles too closely, and improper passing. Likewise, taking turns hastily, ignoring blind spots, driving commercial trucks without proper training, and violating traffic laws or FMCSA regulations can also result in serious accidents.

What Are The Common Injuries Sustained By Truck Accident Victims?

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 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.
• Whiplash Injuries: Truck accidents may cause whiplash injuries, such as neck injuries. Whiplash may be caused due to cervical acceleration and deceleration. It is also known as a strain or neck sprain.

If you or a loved one has been injured in a truck accident, you should immediately contact an experienced attorney to assist you with filing a claim. In Philadelphia, the truck accident victim must file a claim for compensation within two years after the accident occurred.

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.
• Highway truck accidents – The speeding trucks on highways may cause severe highway truck crashes. Sometimes, truck drivers who are driving for long hours may also cause interstate truck accidents.

Determining whose negligence caused the accident can be a complicated process. An experienced Philadelphia personal injury lawyer can guide you throughout the entire case, as they are aware of the 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.
• Loading Companies: The cargo loading company would be the one held liable for the accident if they overloaded the truck or failed to load it properly.

The manufacturer of the truck could be held responsible; for example, if one of the parts was defective from the start. In other cases, the mechanic who was working along with the company 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 driving under the influence (DUI), 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 own legal deadline to file a truck accident claim, also known as the statute of limitations. The statute of limitations to file the truck accident 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 decisive evidence such as the truck itself, truck log books, driver disciplinary files, GPS units, maintenance records, or black box data devices. Black boxes are only used in catastrophic situations, however. In the end, trucking companies may seek to minimize a victim’s injuries and losses to limit their financial exposure r. Or they might make a low-ball offer in a premature settlement proposal before the extent of the victim’s injuries are 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 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 after facing a truck accident due to multiple parties’ complexity or involvement. Therefore, to ensure you seek the financial 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
• Other long-term or future medical care
• Lost wages
• 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 turmoil 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
• Scarring or other disfigurements
• Fear, anxiety, or humiliation
• Loss of enjoyment of life
• 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.

Truck Accident Frequently Asked Questions

Can You Get Compensated If Your Spouse Dies In A Truck Accident?

The short answer is yes. In truck accident claims, the personal representative of the deceased’s estate may file a lawsuit against the at-fault party and get a variety of forms of compensation, including wrongful death damages. The personal representative could be the surviving spouse, child, or even sometimes parents of the deceased victim in some states.

The personal representatives should file the wrongful death lawsuit within the statute of limitations set by their state. The lawsuit will seek compensation for economic losses, such as lost wages and medical bills resulting from the accident, as well as non-economic losses such as pain and suffering, loss of companionship, and more. In some cases, punitive damages may also be requested if the at-fault party’s negligence was particularly egregious.

Can I Settle A Truck Accident Case Without A Lawyer?

It is possible to settle an accident case without the help of a truck accident lawyer. However, it is not advisable. Truck accident cases can be complex and involve multiple parties, and the injuries resulting from a truck accident can be severe and long-lasting.

Perhaps if the damage is minimal and the at-fault party is clearly liable, you may be able to settle without a lawyer. However, if it’s a more complicated case, you should always seek legal counsel before attempting to negotiate a settlement. Truck wreck lawyers can guide you through any court proceedings, the statute of limitations, and the entire settlement process.

How Do Trucking Companies Deny Fault For A Truck Accident?

Trucking companies may try to deny fault for a truck accident in a few ways. They might argue that the driver was not acting on behalf of the trucking company at the time of the accident — this is known as vicarious liability. They might also argue that the driver was not negligent, or was not negligent enough to be held liable. Alternatively, they may blame the other driver involved in the accident or a mechanical malfunction of the truck. A lawyer can help you build a strong case to prove the trucking company was at fault.

Why Are Trucking Accidents More Dangerous Than Other Motor Vehicle Accidents?

Truck accidents are more dangerous than other motor vehicle accidents because of severe injuries that are caused by the sheer size of the trucks. If we look at the size of the semi-truck that is empty then it is nearly 18,000-21,000 lbs. When a truck is filled with cargo it can weigh approximately 42,000 to 46,000 lbs.

What Is The Average Settlement For A Trucking Accident?

As every truck accident may be unique based on the facts and circumstances of each car accident, there is no average settlement available. A settlement or court or arbitration award depends on various factors such as lost wages, past, present, and future medical bills, and pain and suffering.