Trucking accidents are more likely to involve fatalities than any other type of accident on the road. We need trucks to move goods throughout the country, but if a driver is distracted or if the owner of the truck fails to keep it in good repair and safe to operate, an accident can occur that can cost millions in injuries and damages. Ensuring safety on the roadway is one of the many issues facing the trucking industry as a whole.
If you or a loved one has been involved in an accident with a truck, read along as we review your legal rights.
What to Do After a Truck Accident
Immediately after an accident, ensure your safety. If there are injuries or a fatality, call for emergency services or medical assistance immediately. Next, consider calling the police. You could need a police report if you want to be able to file a claim in the future. In Pennsylvania, it is not mandatory to call the police in certain accidents.
However, the state recommends reporting accidents involving:
- Damage to a vehicle that makes it undrivable
- A fatality
- Injuries that need medical attention
Next, collect information from the driver of the truck and any other drivers involved in the accident. You’ll need their insurance carrier information. If the truck is owned and operated by another company or if the truck has been subcontracted, be sure to get all information from both parties.
If possible, take photographs at the scene of the accident. Try to get photos of the vehicles involved, the damage, and pictures of tire marks on the roadway. If there were eyewitnesses, collect their contact information as well. All of this information can be useful if you end up fighting with an insurance carrier to get your claim paid.
It’s important to note that Pennsylvania law requires property and charter bus carriers to submit accident reports to the Commission, and the carrier must keep these records for one year.
First Steps: Get Medical Attention
Even if you don’t think you’ve been injured, head to an emergency room for a complete head examination. Sometimes, adrenaline masks pain that could be associated with whiplash or soft tissue sprains or strains.
If you have injuries, get them treated immediately and follow all treating physicians’ recommendations. You’ll also want to keep all of your documentation and receipts for your treatment.
Filing a Claim
In the state of Pennsylvania, you have two years from the date of your accident to file a claim. There are several exceptions to this rule, and an experienced truck accident attorney is the best person to help ensure you don’t miss a deadline.
Consider hiring an attorney to determine with whom you should file your claim. When a large truck is involved in an accident, it can be hard to pinpoint liability.
Who Is At Fault?
You need to file a claim with the appropriate party. When you are injured or are seeking damages due to a trucking accident, there may be more than one party at fault.
Parties that could potentially be at fault include:
- The person driving the truck
- The owner of the truck
- A company that hired the truck (if it is subcontracted)
- The company that owns the payload being carried by the truck
- Any company that is responsible for the maintenance of the truck
- The company that provided employees to load the truck
- The manufacturer of the truck or the truck’s parts
After collecting evidence, witness statements, and police reports, an experienced attorney can help decide who is liable for the accident and help you file a claim against them and/or their insurer.
Pursuing Your Claim
Many times the at-fault party could want to attempt to settle out of court. This is typically in the best interest of all parties as it can help save money. However, if the insurer tries to lowball you for your claim, your attorney can file a lawsuit against them and represent you in court. An experienced truck accident lawyer can hire experts to render their opinions, conduct depositions, and further build your case to help you get the settlement that is fair and deserved.
Contact a Truck Accident Lawyer
I’m going to be honest—truck accident claims aren’t something you want to handle alone. A specialized lawyer can help you navigate the complexities of the case, deal with insurance companies, and fight for the compensation you deserve. It’s not just about getting any lawyer; you want someone with experience in truck accidents specifically.
Gather All Necessary Documentation
Documentation is your best friend in this process. You’ll need:
- Police reports: The official record of the accident.
- Medical records: Documentation of any injuries and treatments.
- Evidence: Photos, witness statements, and any other evidence you collected at the scene.
- Insurance information: Both yours and the truck driver’s.
- Employment records: If you’ve missed work due to the accident, this will help calculate lost wages.
Finding an Attorney
There are many options for Pennsylvania truck accident attorneys, but Cohen, Feeley, Altemose & Rambo has a proven track record for obtaining justice for accident victims. Our attorneys fight tirelessly to get you the compensation you deserve while you focus on your recovery. We also represent people who have lost loved ones in truck accidents and help them attain compensation to help with expenses they’re left to deal with.
If you need to file a truck accident claim in Pennsylvania, contact us today. Our consultation is free, and we only accept payment if we win your case.
What to Do If the Claim Is Denied
It’s not uncommon for insurance companies to deny claims, but that doesn’t mean it’s the end of the road.
Reasons for Denial
Claims can be denied for various reasons—maybe they’re disputing who was at fault, or perhaps they’re arguing that your injuries aren’t as severe as claimed. Sometimes, they’ll deny a claim if they think you missed a step in the filing process.
Next Steps
If your claim is denied, don’t panic. Your lawyer can help you appeal the decision. This might involve gathering additional evidence, bringing in expert witnesses, or even filing a lawsuit if necessary.
