When a truck driver fails to drive with reasonable care to avoid a roadway collision, the likelihood of a devastating crash is high. If you have been hurt in a recent wreck with a careless trucker or lost a loved one in a commercial vehicle collision, it is important to seek legal assistance as soon as possible.
A Montgomery County truck accident lawyer can help you understand how the legal process works and handle the complexity of investigating the accident. If you are facing serious injuries and are unsure what to do next, a knowledgeable injury attorney can provide you with sound guidance and help you determine the next steps for your case.
Who is Liable for a Commercial Vehicle Collision?
When it comes to truck crash claims, it is often possible to trace liability back to more than one party. A Montgomery County lawyer with experience handling complex truck collision cases would investigate the accident. The sooner a truck accident can be investigated the better; there is often physical evidence at the scene, accident reconstruction data, video, witness statements and more that need to be gathered as quickly as possible or can be forever lost.
An attorney could help determine whether one or more parties neglected their legal duty of care and could be liable for the plaintiff’s damages.
Besides the truck driver, parties who could be legally liable for someone’s commercial vehicle collision damages include the truck company, owner, manufacturer, and the company responsible for loading cargo onto the truck. Common examples of negligence that could lead to a severe semi-truck crash include defective vehicle manufacturing, speeding, drunk driving, fatigued driving, transporting overweight cargo, distracted driving, and reckless driving.
Starting a Truck Wreck Lawsuit
The deadline to file a truck accident claim in Montgomery County, in most common instances, is within two years from the date of the accident. If someone is killed in a truck collision, their family would have up to two years from the date of the person’s passing to file a wrongful death action for compensation. The statute of limitations from truck accident claims involving minors is two years or two years after their 18th birthday, whichever is later. It is vital to understand and comply with the statutory deadline, as failure to file a case in time could forfeit any financial recovery. An experienced attorney in Montgomery County can ensure someone injured in a truck wreck files their claim before the deadline expires.
Modified Comparative Negligence in Montgomery County
Under 42 Pennsylvania Consolidated Statutes § 7102, a plaintiff can be found somewhat to blame for their injuries and still be allowed partial financial recovery. The law states that if the claimant is 50 percent or less at fault for what happened, they can collect monetary damages.
However, their recovery would be limited based on their percentage of negligence. For example, if the plaintiff is 40 percent responsible for their injuries, they could still collect up to 60 percent of their awarded compensation. If the plaintiff’s percentage of negligence exceeds 50 percent, they can recover nothing.
Recoverable Damages in a Commercial Vehicle Accident
While the plaintiff’s recoverable compensation in a Montgomery County truck wreck case would depend on the extent of their losses, a lawyer might be able to help them secure a variety of monetary damages. These damages could include their lost wages, pain, suffering, medical expenses, emotional distress, disability, and future lost earning capacity. The plaintiff may also be entitled to claim punitive damages if the truck driver behaved egregiously.
Contact a Montgomery County Truck Accident Attorney Right Away
A Montgomery County truck accident lawyer could render invaluable legal help during this difficult time. If a truck driver’s negligence has harmed you, you should find out more about your legal options for recovery.
A dedicated attorney could provide an initial evaluation of your potential claim and discuss potential legal action. Contact the office to set up your initial case consultation.