Blog | May 7, 2024

When To Consult a Lawyer After a Truck Accident in Pennsylvania

According to Pennsylvania’s Department of Transportation, there were a total of 169,641 non-fatal and fatal crashes in 2023. That’s a serious issue. Let’s talk about why:

Truck accidents stand apart from other collisions due to their complex nature and potentially catastrophic consequences. The sheer size and weight of commercial trucks mean that when they are involved in a crash, the damage and injuries are often severe, if not fatal. Survivors may face a long road to recovery, burdened with medical expenses, loss of income, and emotional trauma. 

The legal landscape surrounding truck accidents in Pennsylvania is intricate; you may be tempted to agree to whatever your insurance company suggests to get it over with. 

However, it’s recommended to consult with an experienced attorney as soon as possible: Understanding legal rights after a truck accident is essential. An early consultation with a knowledgeable lawyer can provide crucial guidance and support. 

If you think you’re in need of an attorney, contact us at Cohen, Feeley, Altemose & Rambo. Our mission goes beyond legal representation. We help ensure that victims receive the support and protection they need during litigation and this challenging time.

It’s time to go over the question, “How long after an accident can you sue for personal injury?” and what the next steps might be.

Do I Need To Hire a Trucking Attorney?

While not a legal requirement, hiring a truck accident lawyer in Pennsylvania (like an Allentown trucking accident lawyer) could significantly impact the outcome of a case. Truck accident claims are complex, involving multiple parties and extensive regulations, because they are generally more serious than passenger car crashes. 

A truck accident attorney can help navigate these complexities, helping protect your rights and fighting for the compensation you deserve. They bring a deep understanding of both Pennsylvania laws and federal regulations governing the trucking industry. Such knowledge can be invaluable in establishing liability and negotiating with insurance companies.

In addition to helping document the aspects of a claim, seasoned attorneys at a truck accident law firm possess the negotiation skills necessary to help deal effectively with insurance companies (companies that often employ strategies to minimize payouts). 

With a legal expert advocating on your behalf, you’re better positioned to secure a fair settlement. Should your case proceed to court, having an attorney with a proven track record in truck accident litigation can be extremely valuable.

Evidence in a Truck Accident

The immediate aftermath of a crash is a critical time for evidence collection — a phase where the details and documentation are typically freshest and most accessible. This includes truck driver logs. 

Logs can reveal hours of service violations and fatigue, and also vehicle maintenance records that might indicate neglect in upkeeping safety standards. Scene documentation (including photographs/videos, witness statements, and police reports) can be an important aspect of constructing a narrative of negligence.

Beyond evidence preservation, a trucking accident attorney can play a pivotal role in navigating the often adversarial waters of insurance claims. Our attorneys at Cohen, Feeley, Altemose & Rambo can act as your advocate, dealing with insurance companies to help shield you from tactics that may undermine the value of your claim. 

  • Insurance adjusters, working to minimize their financial exposure, often attempt to settle claims quickly and for less than their full worth. 

Our attorneys can meticulously evaluate the full spectrum of damages. Damages might include immediate medical expenses and long-term rehabilitation costs, lost earnings, and pain and suffering. You deserve a settlement that truly reflects the depth of your losses.

Who Is Liable in an Accident?

Liability in a trucking accident can extend beyond the driver. Trucking companies, cargo loaders, and vehicle manufacturers can all be held accountable when an incident occurs, depending on the facts specific to why the accident happened. They each play a role in the safe operation of a commercial truck. 

Skilled attorneys well-versed in trucking accident litigation can help make sense of the events leading up to the crash. They can analyze truck driver logs for evidence of ignoring regulations, including federal hours of service regulations

Truck maintenance workers can also be liable, as well as cargo loading companies. In some cases, an investigation may include examining the design and manufacture of the actual truck and its parts to find defects and hold the manufacturer liable. 

Truck Accidents Damages vs. Car Accident Damages

The state’s highways and byways serve as vital arteries for trucking routes, which can increase the likelihood of negative interactions between commercial trucks and passenger vehicles.

Trucks are much bigger and heavier than traditional passenger vehicles, making their impact significantly greater. When a truck is involved in an accident, the force exerted in the collision can lead to severe consequences. Drivers, pedestrians, and cyclists in the vicinity could sustain catastrophic injuries. 

Such accidents often require emergency medical attention, followed by prolonged periods of hospitalization. Extensive treatment and care could escalate the medical costs beyond those typically associated with car accidents.

Since injuries sustained in trucking accidents are generally more serious that means the recovery process can be lengthy as well. It oftentimes involves extensive rehabilitation therapies, psychological counseling, and living adjustments for those who sustain permanent disabilities. 

The financial strain is compounded by the victim’s inability to work, leading to a significant loss of income and, in some cases, the loss of future earning capacity. Trucking accidents also often result in property damage, not just to the vehicles, but also to surrounding infrastructure. Cleanup and repair costs can be exorbitant, especially if the big-rig involved was carrying hazardous materials that could harm the environment. 

An attorney near you, like an Easton trucking accident lawyer, is well-versed in local, state, and federal rules and can help provide guidance after an accident. 

What To Do After a Truck Accident in Pennsylvania

After a truck accident, your initial actions are critical for both your safety and any subsequent legal claims. First and foremost, assess the situation for any immediate dangers and check for serious injuries. If it’s safe to do so, move to a secure location away from traffic. 

Call 911 to report the crash as soon as possible. This ensures any medical needs are met, as well as the creation of an official accident report, which you’ll need before any legal proceedings.

Documenting the scene thoroughly is the next step. Use your smartphone (if you have one) to take photos and videos of the vehicles involved, the surroundings, any visible injuries, and any factors that may have contributed to the incident, such as road conditions. 

Exchange information with the other parties involved, including names, contact details, insurance information, and trucking company names. Refrain from discussing fault or details. 

Seek medical evaluation as soon as possible, even if you believe your injuries are minor. (Some injuries, especially internal ones, might not be immediately apparent.) This medical documentation can also be crucial for health and serves as essential evidence for a claim.

Finally, talk to a Pennsylvania truck accident attorney like the ones at Cohen, Feeley, Altemose & Rambo as soon as you’re able. Our personal injury lawyers can help offer advice, guide you through claims, protect your rights, and begin the process of securing compensation for your damages. 

How Long After a Truck Accident Can You File a Claim in Pennsylvania?

In Pennsylvania, the timeframe someone can file a claim following a truck accident is governed by the statute of limitations. This legal deadline determines the window of opportunity for seeking compensation through the court system. 

For most personal injury claims in Pennsylvania, including those arising from large commercial trucks, the statute of limitations is set at two years from the date of the incident. This means that victims generally have two years to initiate legal proceedings against the party (or parties) responsible for their injuries.

The two-year statute of limitations applies to a wide range of claims related to the big-rig accident, including personal injury, property damage, and wrongful death. It’s important to note that if a claim is not filed within this two-year period, the right to sue is typically lost (barring a few exceptions). 

This legal stipulation highlights the importance of acting promptly. Starting the legal process early helps ensure compliance with this timeframe and makes it easier to preserve evidence that can support your claim. Evidence might include scene photos and videos, witness statements, and medical records documenting your injuries. Reach out to a trucking accident lawyer in Bethlehem for more. 

Call a Pennsylvania Truck Accident Lawyer Today

As the statute of limitations in Pennsylvania is generally a narrow window for action, the urgency of consulting with an attorney likely becomes clear. Our team is dedicated to navigating these challenging legal cases and has over 190 years of combined experience. 

If you find yourself or a loved one grappling with the aftermath of a truck accident, know that you don’t have to face this challenge alone. Our legal team at Cohen, Feeley, Altemose & Rambo stands ready to support and guide you through every step of this journey. With us, you gain not just legal representation, but a dedicated ally committed to achieving the justice and compensation you deserve. 

Our firm is distinguished by its achievements, including recovering over half a billion dollars in settlements for our clients, including securing a $95 million verdict. We’ve amassed over 190 combined years of legal experience serving the Lehigh Valley area.

Call us today at 610-625-2100 or contact us here for a free consultation. “Even just a single, no-cost phone consultation with our experienced attorneys can bring peace of mind to you or your loved one,” says attorney Theodore Schick.

Our attorneys are standing by and are ready to help make this process easier for you. Let our experience be the foundation for your recovery and the safeguard of your future.

 

Sources:

Crash Statistics | Federal Motor Carrier Safety Administration

Regulations | Federal Motor Carrier Safety Administration

Get a Copy of a Crash Report | Pennsylvania State Police