Even in the “City of Brotherly Love,” not everyone looks out for their neighbor as much as they should, especially while driving. Unfortunately, when commercial truck drivers carrying dozens of tons of cargo allow themselves to get distracted behind the wheel, any crash they cause as a result of their misconduct tends to have uniquely severe and potentially even deadly repercussions.
If you were recently injured in a distracted driving truck accident in Philadelphia, you likely have grounds to file suit over that incident and demand comprehensive compensation for every form of harm you can trace directly back to the wreck. Without help from a knowledgeable truck accident attorney, though, you may have a lot of trouble getting any money at all, let alone the full amount you deserve for all your compensable losses.
Any truck driver who drives while distracted by their phone, radio, GPS readout, or anything else inside or outside of their cab has breached their duty of care in a way that could justify a civil lawsuit if it directly leads to a crash. Except for certain types of cell phone use, distracted driving is not something a trucker can be ticketed for, like speeding or running a red light, which means there may not be any traffic citation included in the accident report created by police in Philadelphia after a distracted driving truck collision.
It may fall to an injured person to prove the trucker involved in a wreck directly caused the crash because they were distracted. This could require finding, preserving, and making effective use of evidence like surveillance or dashboard camera footage, witness testimony, photos of the crash scene, and even subpoenaed data from the truck’s onboard data recorder.
Another complication that can get in the way of fair civil recovery following a crash in Philadelphia caused by a distracted truck driver is comparative fault. This is the amount of fault an injured person holds for causing their own losses through their negligent behavior—for example, because they, too, were distracted behind the wheel.
As per 42 Pennsylvania Consolidated Statutes § 7102, any person assigned a percentage of fault for their own injuries in a wreck mainly caused by a negligent truck driver may have whatever damage award they ultimately receive in court reduced by that same percentage. For example, someone found 25 percent at fault for an accident may only be able to get paid for 75 percent of their total damages, even if a distracted truck driver was still the main person at fault.
Any person who holds a majority of total fault for an accident of any kind cannot recover any civil compensation for injuries they suffered in that accident, even if someone else was also partially to blame. Navigating around legal roadblocks is much easier with support from a dedicated lawyer who has experience handling situations like this successfully in the past.
Even if it seems obvious that a distracted trucker is to blame for injuries you suffered in a traumatic accident, holding them legally liable for your damages can be far from simple. People who try to pursue claims like this without skilled legal representation on their side rarely get the positive case they want.
Fortunately, you have assistance with distracted driving truck accidents in Philadelphia from a skilled and dependable lawyer. Call today to discuss your options.