How to Prove Loss of Earnings in Personal Injury Cases
Every year, approximately 4,000 motorists are killed throughout the United States in commercial trucking accidents.
It’s no surprise that people use the phrase “I feel like I’ve been hit by a truck” to describe a traumatic event in their lives. Truck accidents are often major incidents that cause catastrophic injuries with long-term, life-altering consequences. Victims of truck accidents are often left with mounting medical bills, debilitating injuries, lost wages or careers, and emotional trauma. When a truck accident is fatal, a family loses their loved one and support.
In Pennsylvania, there are thousands of truck crashes, semi-truck accidents, and tractor-trailer accidents every year. When those accidents are caused by distracted driving, poorly maintained vehicles, or other negligence, the injured victims may be entitled to compensation from an at-fault party or insurer. If you have been involved in a truck accident in Pennsylvania, contact the truck accident team at Solnick Lawyers to find out more about your legal rights.
The trucking industry involves many people in different roles, including truck maintenance workers, the loading of cargo, trucking company safety and management employees, and truck drivers themselves. Mistakes can happen at any of these stages, and sometimes accidents happen as a result. A commercial truck accident could involve:
A truck driver can be at fault in a trucking accident if they are distracted, speeding, under the influence of drugs or alcohol, or otherwise negligent. The driver and/or their employer may be legally and financially liable in these situations. Your attorney will investigate your case to determine who is at fault and who is liable in your truck accident case.
Trucking companies are typically legally responsible for injuries caused by their drivers due to negligent driving. Trucking companies are also responsible for ensuring that their drivers and vehicles are safe enough to be on the roads. If a truck driver has been involved in several accidents, but the trucking company continues to use the driver, the trucking company may be held responsible if that driver causes another accident. If a truck is not properly maintained and that leads to a truck accident, the trucking company may be liable for the crash.
Commercial trucking companies often contract out the maintenance and repair of their trucks to third-party companies. If a truck is not properly maintained e.g. the tires or brake pads are not replaced when appropriate, and that lack of maintenance leads to an accident, the repair company may be liable. The legal relationships between the different parties involved in a trucking accident are very important to determine who should be included in an accident victim’s claim and will be carefully analyzed by your lawyer and any experts he or she works with.
Other parties involved in loading and operating a truck can be responsible for a truck accident. If a third-party company improperly loads cargo onto a truck causing the truck to become unstable, the loading company may be liable for a resulting accident. Your attorneys will identify all possible defendants in a claim and ensure that they are held accountable for the damage that they have caused.
Truck accidents happen for the same reasons as passenger vehicle accidents, but because truck drivers routinely drive hundreds and thousands of miles across the country with heavy cargo and on tight schedules, the risk of a trucking accident and the harm caused is often increased. Common causes of truck accidents include:
Your attorney will help to establish the cause of your accident and pursue legal action on your behalf.
An accident with a truck, semi-truck, or tractor-trailer can cause devastating injuries for the drivers and passengers of smaller vehicles or pedestrians in an accident. Trucks are heavier, less maneuverable, and often travel at higher speeds with greater stopping distances. Common injuries in truck accidents include:
If you have been injured in a truck accident, you may be entitled to compensation for your medical expenses, pain and suffering, and other losses. If your loved one was killed in a truck accident caused by someone else’s negligence, you should talk to a truck accident attorney at Solnick Lawyers about your right to bring a wrongful death claim to obtain justice for your loved one and compensation for your family.
It is important that you know what to do if you are in an accident involving a truck. Your actions after an accident with a commercial truck can affect the amount that you recover from an insurance or legal claim following the accident.
The medical expenses, vehicle repair costs, and lost wages caused by a truck accident can quickly create an overwhelming financial burden for victims of truck accidents. If you are a truck accident victim, you may be able to recover the following damages:
“Pain and suffering” is a legal phrase used to describe all of your physical discomfort and emotional trauma caused by the accident. It is separate from your economic damages such as medical expenses and wage loss and is intended to compensate you for your suffering as a result of the truck accident. The amount of compensation that you receive for pain and suffering can vary greatly depending on a number of factors, including the ability of your attorney to understand your situation and communicate to an insurance company and a jury, so it is important to hire an attorney with experience handling truck accidents.
After a truck accident, you may miss work for your treatment or recovery. If you are severely injured, you may not be able to return to the job that you did before the truck accident. You are entitled to be compensated for all of the wages and benefits that you lose as a result of the truck accident, both past and future.
Hospital bills, co-pays, physical therapy fees, pharmacy expenses, and other medical bills can be overwhelming after a truck accident. When you have been injured in a truck accident, the negligent driver, their employer, or their insurer may be liable for your otherwise unreimbursed past and future medical expenses.
Truck accidents can cause severe injuries to accident victims and are a major liability for the companies involved. These companies and their insurers will work hard to protect their business and avoid any liability and legal responsibility to the injured victim. Unrepresented victims still recovering from their injuries often accept lowball settlement offers that will not cover their expenses and losses into the future. Solnick Lawyers knows the strategies that trucking companies and insurers use to minimize their liability, and we work hard to level the playing field and hold these companies accountable.
Solnick Lawyers has been representing truck accident victims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. We are on your side. Contact us today for your free consultation
If you or a loved one has been injured in a truck accident and you would like to know more about your legal rights, please contact us today by calling 215-481-9979 or via our website to schedule a free consultation and case review. You have nothing to lose and everything to gain as we never charge a fee until and unless we obtain a settlement or award for you. Solnick Lawyers is on your side. Let us fight for you.
Under federal law, a commercial motor vehicle (CMV) is defined as any vehicle that (1) has a gross vehicle weight or gross combination weight of 10,001 pounds or more; (2) is designed or used to transport more than 8 passengers for compensation; (3) is designed or used to transport more than 15 passengers, without compensation; or (4) transports a specified quantity hazardous materials. In Pennsylvania, a vehicle that is engaged exclusively in intrastate commerce (i.e., it doesn’t cross state lines) is deemed a CMV if it weighs 17,001 pounds or more. This classification is important, as operators of commercial motor vehicles are required to have a special license (a commercial driver’s license, or CDL) and must follow specific state and federal laws and regulations.
There are many unique factors involved in commercial truck accidents that generally are not present in other types of motor vehicle collision cases.
Given the differences between truck crashes and other types of accident cases, it is important to work with a truck accident lawyer who can thoroughly investigate the facts of your case and advocate for your right to compensation.
After a big rig or tractor trailer accident, you may be able to file a lawsuit against the truck driver, trucking company, and/or the owner of the truck. Depending on the cause of the crash, you may also be able to file a claim against the facility that loaded the truck, the manufacturer of the truck or its parts, a third-party maintenance company, or even the company that is responsible for the contents of the trailer. For example, if the brakes on a commercial truck were defective, causing a crash, then your lawyer may file a suit against the manufacturer of those brakes. A thorough investigation will determine who may be sued. These claims are generally paid by insurance companies.
You are not required to talk to the trucking company or its insurer. In fact, doing so may hurt your case. If you get a call or are approached by an insurance adjuster or representative of the trucking company, you should hang up or direct them to your lawyer. Anything that you say and do could be used against you and may limit the amount of compensation that you could receive in a trucking accident claim.
Your attorney will handle communications with the insurance company or trucking company’s claims department for you and protect your best interests. Similarly, you should never sign anything that the insurance or trucking company sends to you without having your lawyer review it first. If you do sign paperwork, you may waive important rights or even give up your right to file a lawsuit.
The average truck composed of tandem axles weighs around 17 tons, or 34,000 pounds! The average car, on the other hand, only weighs two tons, or 4,000 pounds. Any collision between these two vehicles may very well be catastrophic. The driver of the smaller vehicle is put at much more of a risk considering the position of the car’s cabin, leaving it easily prone to the substantial force of an impact from a truck.
This depends on the circumstances surrounding the accident and the injuries and losses sustained. Was any time lost from work? How severe are the injuries that were sustained in the accident? What are the costs for medical treatments?
You should contact a Pennsylvania truck accident attorney as soon as possible after being involved in a truck accident so that necessary evidence can be gathered and preserved and so steps can be taken to prevent you from negatively impacting on the value of your claim.
Another important fact to keep in mind is that no two truck accidents are the same; therefore, it is important that you not make assumptions about your claim or its value based on information or stories you might hear from other people who have previously been injured or received settlements for accidents.
Great lawyer you can count on. I had a limited tort but I got reimbursed from the opposite driver’s insurance company. I really appreciate Solnick & Associates, LLC.
— Won BeckThey’re very professional and caring.
— Abdul AzizA knowledgeable personal injury firm with staff that cares about your well being as well as your claim.
— Eric Gartner