If you are the victim of a truck accident, you may be eligible for compensation. Your ability for legal recovery will depend on proving which party or parties are responsible for your injuries. Potential liability parties include the truck driver, trucking company, truck manufacturer, cargo loaders, or maintenance company. Before damages can be pursued, you must establish which party failed to uphold their duty of care.
At Shollenberger, Januzzi & Wolfe, our Harrisburg, PA, trucking accident attorneys know what it takes to get adequate compensation for our clients. If you have been hit by a large truck while commuting to work or on a road trip, our legal team is here to assist you.
Negligence is the Cornerstone of Most Truck Accidents
A truck accident claim centers around proving a party’s negligence. Negligence is the failure to use reasonable care when performing a task, resulting in harm to another. The four elements of negligence that must be proven are:
Duty of Care
You must establish that the defendant had a legal obligation to keep you safe.
Breach of Duty
You must pinpoint an act or omission in which the defendant failed to uphold their duty.
Causation
You must draw a causal link between the liable party’s conduct and your injuries. In truck accident claims, you must prove that the defendant was the actual cause and proximate cause of your injuries. Actual cause implies that the defendant set into motion a chain of events causing the accident. Proximate cause (also known as legal cause) implies that the event was legally sufficient to find fault with the defendant. Proximate cause involves showing that the event was foreseeable given the defendant’s actions. Our trucking accident attorneys will assist in gathering evidence to demonstrate how the defendant caused your injuries.
Damages
A truck accident claim is only valid if you can demonstrate measurable losses, known in the law as damages. Truck accident damages may be financial, physical, or emotional in nature, including lost wages, surgery costs, or infliction of emotional distress. Be sure to keep all receipts, invoices, and medical bills related to your accident. Additionally, document your recovery journey by keeping a pain and recovery journal. This will allow you to describe your mood each day, as well as when new symptoms are presented.
Potential Liable Parties
Truck Driver
While the most obvious, the truck driver will likely be found at fault for an accident caused by distracted driving, speeding, or impaired driving. Available evidence will provide clues on what caused the crash. For example, if a truck driver violated the hours-of-service regulations established by the FMCSA, fatigued driving most likely caused the crash.
The Trucking Company
The trucking company is responsible for putting drivers behind the wheel. If a trucking company does not properly train drivers, fault may be found with the trucking company. The trucking company may also be found liable if they engage in negligent truck maintenance or encourages drivers to exceed HOS regulations. When the driver’s conduct contributed to the crash, you may be able to name the truck driver and trucking company as co-defendants.
Truck Manufacturer
If mechanical failure caused your crash, the fault may lie with the truck manufacturer. Common defects include brake malfunctions, steering issues, or engine problems. Different parts may have been supplied by different manufacturers, so more than one manufacturer may be found liable.
Cargo Loader
A warehouse worker, freight handler, or store associate may load cargo, often hired by the company that is shipping the goods. Even though overloaded or unbalanced loads are the fault of the cargo loader, the trucking company is responsible to ensuring cargo is properly secured. Though not all cargo companies are required to carry insurance, Pennsylvania law requires moving companies to carry cargo liability insurance of at least $5,000. But this is rarely sufficient to cover damages, which is why most cargo companies carry at least $100,000 in liability coverage.
Truck Maintenance Company or Maintenance Shop
If a crash occurs due to a lack of routine maintenance, the truck maintenance company may be held legally accountable. If the truck has received regular maintenance but the service technicians are cutting corners, then the maintenance shop may be financially responsible for your injuries.
Consult with Our Harrisburg, PA, Trucking Accident Attorneys
If you have been involved in a collision with a commercial truck, you will need to highlight which parties are responsible for your injuries. At Shollenberger, Januzzi & Wolfe, LLP, our Harrisburg, PA, trucking accident lawyers have dedicated their professional lives to helping vulnerable individuals. Let us help you regain your independence. To schedule your free consultation, our office can be reached online or by phone at (717) 229-6580 today.