When a Pittsburgh truck driver acts carelessly or negligently behind the wheel of a commercial tractor trailer or another large truck, people can get injured. It is only natural to want to see them pay for their actions.
A Pittsburgh truck accident lawyer can help you file a claim against the trucking company and work to get you the compensation you need to cover your injuries. Here’s what you need to know about truck accident cases.
Who Is Liable for My Truck Accident and the Resulting Injuries?
Under the concept of respondeat superior, or vicarious liability, employers are responsible for the actions of employees while they are on the clock. This means the trucker’s employer is financially liable for the truck accident injuries your own insurance does not cover.
If you opted for full tort coverage, you can file a claim for your remaining damages. However, you will need to meet one of the limited tort exceptions to file a claim for pain and suffering. In truck accidents, the two most common exceptions include:
- The trucking company has the truck registered in a different state
- You suffered an injury that meets the serious injury threshold, meaning you or a loved one suffered a serious bodily function impairment, permanent disfigurement, or death.
A Pittsburgh truck accident attorney will help you determine which damages you qualify for and how much they might be. The sooner you contact us after your accident, the sooner we can get started building your case and show the trucking company is liable.
For a free legal consultation with a truck accident lawyer serving Pittsburgh, call 412-661-1400
What Types of Truck Accidents Do Our Pittsburgh Lawyers Represent?
When you are injured in a truck accident involving negligence, it’s important to work with Pittsburgh truck accident attorneys who have experience with your specific type of wreck and injuries. Here are just a few of the types of crashes our personal injury lawyers represent:
- Failure to check blind spot accidents
- Tire blowout accidents
- Garbage truck accidents
- Delivery truck accidents
- Speeding accidents
- Truck driver errors
- Tow truck accidents
- Improper loading
- Employer liability
- Jackknife truck accidents
- Truck driver under the influence
- Underride truck accidents
- Trucking company liability
- Driver fatigue
Pittsburgh Truck Accident Lawyer Near Me 412-661-1400
What Type of Damages Are Available After a Pittsburgh Truck Accident?
Because of Pennsylvania’s choice no-fault auto insurance system, everyone in an accident has a certain amount of coverage based on their no-fault insurance. They also have the opportunity to recover certain types of damages from the at-fault party. In a truck accident, the damages you can recover if the trucker caused the crash include:
- Medical bills
- Lost wages
- Property damage
- Other related out-of-pocket costs
In addition, some people are eligible to file a claim for additional damages. If the trucker caused your accident, there are three ways you can qualify to file for non-economic damages, such as emotional distress or pain and suffering. You may qualify for this compensation if you:
- Carry full tort auto insurance
- Suffer injuries that meet the serious injury threshold
- Meet another exception to the limited tort laws
In order to see what you qualify for, we must gather evidence about your case. Our Pittsburgh truck accident lawyers will do their utmost to determine your full damages so we can talk with the insurance company about your true costs.
How Can a Pittsburgh Truck Accident Attorney Help Me Navigate the Claims Process?
When we help a client with one of these claims, the first thing we do is discuss the crash with the victim. This consultation is free. It allows us to understand what happened during your accident, who is liable, and the strength of the case against the trucking company.
Then we can explain your options for compensation and recommend a plan to get the maximum value possible for your claim. If we accept your case and you agree to enlist our help, we will launch a full investigation into your accident.
Besides identifying all evidence and interviewing witnesses, we will also work with accident reconstruction specialists, medical experts, and others who can offer us insight into your crash. We also collect your medical bills, receipts, estimates, and any other documentation of your damages.
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Will the Trucking Company Destroy or Hide Evidence in My Case?
Early on, we send a spoliation letter to the trucking company demanding them to preserve any evidence in its possession. This evidence can prove vital in some accidents. It may include:
- Data from the truck’s onboard computer
- Electronic and written driver logs
- Dash cam video, if available
- Post-accident drug and alcohol test results
- Employment records for the driver
- Truck maintenance records
This kind of evidence helps us see if the driver was fatigued, if the truck was improperly loaded, or if the driver was breaking traffic laws before your crash. It can be vital to proving that the trucking company made an error that caused your injury.
Once we have a complete understanding of the trucker’s role in causing your crash and the damages you suffered, we can file all of your insurance claims. This includes filing your medical benefits claim with your own insurance company, as well as the claim with the trucking company’s insurer.
What if I Have Full Tort Insurance?
If you opted for full tort insurance or meet an exception to the limited tort law, we will also provide evidence of your pain and suffering and request these damages. Usually, the insurance company is willing to negotiate with us to settle at this point.
Most insurers know that if they do not offer a fair settlement, we will not hesitate to file a personal injury lawsuit against any trucking company. Our truck accident attorneys in Pittsburgh are no stranger to taking a case to trial if they won’t pay what you deserve.
How Long Do I Have to Sue the Trucking Company?
The statute of limitations gives most car and truck accident victims two years from the date of the crash to sue. Because it takes time to prepare this type of case, you should reach out to us far in advance of this deadline.
Most of these cases never go to court. However, if we wait too long and do not have the option to file a lawsuit, the trucking company is unlikely to agree to a fair settlement. This is because we do not have any leverage to convince a company to do the right thing unless we can take your case to court.
Get a Free Consultation With a Truck Accident Lawyer in Pittsburgh, PA
The Pittsburgh truck accident lawyers from Berger and Green offer free consultations and case reviews for truck accident victims in Pittsburgh. If a truck driver caused your crash and your injuries, contact us today.
We handle these cases on a contingency basis, so you pay no attorney’s fees unless we recover the compensation you deserve.