Negotiating Accident Claims Involving Commercial Trucks
Accidents involving motor vehicles and commercial trucks involve a much different legal process than an accident involving two motor vehicles. Trucking industry regulations and laws pertaining specifically to commercial vehicles play a major role in processing accident claims. Most larger trucking companies have legal teams dedicated to dealing with accidents and begin their investigations immediately after the accident is reported. To ensure that you get compensated fairly for any injuries you suffered, you need to hire an attorney like ours, Jill McComsey at McComsey Law, LLC, who has experience filing claims against the trucking industry.
Simplifying The Complex Process Of Filing A Claim
Trucking accident claims can potentially involve multiple parties, including the truck driver, mechanics who worked on the truck, the trucking company and many others. Trucking companies begin collecting evidence and interviewing witnesses immediately after the accident. Because of this, it’s important to get an attorney working for you right away to gather information with your best interests in mind.
At McComsey Law, LLC, our attorney understands how to navigate the claims process and counter trucking industry strategies. We conduct comprehensive investigations to determine fault and hold the guilty parties responsible. During this time, we will explain how the process works and keep you fully informed about the status of your claim.
Pennsylvania Trucking Laws And Federal Regulations That Affect Your Claim
Trucking accidents are affected by the federal rules of the Federal Motor Carrier Safety Administration (FMCSA), including:
- How many hours truck drivers can drive without taking rest breaks
- Regular maintenance of the trucks
- Specific CDL requirements for drivers
In addition, there are rules specific to Pennsylvania that you should be aware of, such as:
Limited tort vs. full tort insurance coverage: You can choose the type of coverage you want. Limited tort insurance is less costly, but you will only be entitled to damages for your economic losses such as medical bills and lost income. If you meet certain criteria, you may sue for noneconomic damages, but the guidelines are strict. Full tort coverage is more expensive, but lets you seek more compensation for noneconomic damages.
Modified comparative negligence: If you are 50% or less at fault for your accident, you can get compensation. It will be reduced by the amount of fault you bear, though.
Statute of limitations: For personal injury claims, you typically have just two years from the date of the accident to file a lawsuit.
The Truck Accident Claims Process In Pennsylvania
The first step in the process is to speak with a truck accident attorney, who will then investigate the accident. When they have recovered evidence and black box data, they will compile them with any witness accounts. This allows them to assess fault for the accident.
The next step is sending a demand letter to the negligent parties. Settlement negotiations typically follow, but if no settlement can be reached, the case will go to trial. The timeline is complaint, discovery, depositions, mediation and trial, if needed.
Settlements are almost always faster than going to trial, though you may get more compensation from a trial. That is not guaranteed, however, and the trial itself is expensive and can drag on for years. Plus, you are putting your fate in a jury’s hands.
How Truck Cases Differ From Car Accident Cases
Trucking accidents are more complex than passenger vehicle accidents because they involve federal laws, commercial insurance policies and high payouts. This means that the insurance defense lawyers will work even harder to keep from paying out the full amount.
Another unique aspect of trucking accidents is that there are usually multiple negligent parties, including the driver, the trucking company and other entities. The trucking company will immediately send an investigation team to the accident site to recover the truck, which may mean that crucial evidence is lost.
The discovery process of the case will be extensive and can include assistance from accident reconstruction experts, truck safety experts, economists and life-care planners.
If You Were Injured In An Accident With A Commercial Truck, Call Jill For Justice
If you were injured in a crash with an 18-wheeler or other type of commercial truck, you need a lawyer who has the knowledge and experience to handle these specialized cases. Jill McComsey and the rest of our legal team at McComsey Law, LLC, are ready, willing and able to immediately investigate the circumstances of the crash to ensure justice is met.
McComsey Law, LLC, works with families of injury victims in Bucks County, Montgomery County, Northampton County, Lehigh County, Philadelphia County, and the surrounding regions of Pennsylvania and New Jersey.
To set up a free initial consultation, call Jill for Justice today at 610-936-6542 or fill out our online contact form.