Commercial trucks and tractor-trailers provide valuable services to consumers across the state. With major interstates running through the state, you likely encounter these trucks on the road regularly. While vehicles that size can provide many benefits, they can also pose significant risks to other drivers when they are not driven or maintained with the necessary level of care.
Injuries caused by truck accidents can be catastrophic on personal, physical, mental, and financial levels. These are not costs you have to cover on your own. A personal injury lawsuit may be an option available to you. With the help of an Allentown truck accident lawyer, you could recover financial compensation for your harm.
Truck drivers must follow the regulations of PennDOT’s Trucker’s Handbook. From licensing and registration requirements to safety rules on a truck’s size and cargo, truckers should exercise specific duties of care when operating their vehicles.
A driver who fails to meet their duties of care can cause serious injuries to the people they share the road with. Injuries caused by breaching a duty of care can be acts of negligence under 18 Pennsylvania Consolidated Statutes § 302 and grounds for an injury lawsuit.
A breach of the expressly stated duties of care is not the only situation that can give rise to a personal injury lawsuit. Violating general safety rules that a reasonable driver would follow can also breach a general duty of care, which amounts to negligence.
The state does not generally cap damages in injury lawsuits. Someone injured in a truck wreck could be awarded compensation for all of their economic damages, which include objectively measurable costs such as medical and repair bills, as well as for the more subjective noneconomic damages, such as physical pain and mental anguish. Those injured by truck collisions should work with an Allentown attorney to determine which costs they could recover.
Truck accident lawsuits are subject to the legal standard of comparative negligence, per 42 Pa. C.S. § 7102. When both sides behaved negligently at the time of the collision, the injured person may not recover the full awarded amount.
The jury will decide which person is most at fault for the injuries. When the trucker is just as or more responsible for the damages, the injured driver may still receive monetary compensation. However, the court will reduce the amount when the person contributed to the accident. When the injured person is more responsible than the trucker for the crash, the court may bar them from collecting any money.
Even when the injured driver was not negligent, they should still prepare to prove it in court. Our truck collision lawyers in Allentown could present the right evidence to ensure the injured person gets the full amount entitled to them.
You do not have to struggle alone with the financial hardships of a collision caused by a negligent trucker. An experienced Allentown truck accident lawyer could be a powerful resource as you recover from your injuries. With knowledge of the applicable state laws and court procedures, our attorneys could help you get the justice and compensation you deserve. Contact us today to start your case.