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KaplunMarx Knows Big-Rig Accident Cases
Semi Truck Accident Injuries in Allentown
Commercial truck and big rig accidents are among the most dangerous and deadly types of motor vehicle accidents. These large and heavy vehicles can cause significant damage and injury when involved in collisions with smaller vehicles. According to the National Highway Traffic Safety Administration (NHTSA), there were 4,951 fatalities in crashes involving large trucks in the United States in 2018.
If you are involved in a commercial truck or big rig accident, it is important to understand the personal injury laws that apply to your case. These laws can help you recover compensation for your injuries, medical expenses, lost wages, and other damages resulting from the accident. However, the legal process for recovering damages in truck accident cases can be complex and challenging. Having a knowledgeable personal injury attorney on your side can make a significant difference in the outcome of your case.
Why You Should Talk To Us First
✓ 98% Success Rate - Attorneys with a track record that shows they personally care about every case and go the extra mile every time.
✓ No upfront costs - we front all of the legal fees and get paid on performance. In fact, we don't get paid unless you win
✓ We are local and we KNOW Pennsylvania's system - Just because a firm gets a license to practice law here and buy up a bunch of bill boards around town doesn't mean that they have real experience fighting cases in PA's legal system every day. We are a locally based firm with attorneys that focus on Pennsylvania injury cases. We eat, drink and breath this every day.
✓ We are not intimidated by litigation- We do not allow insurance carriers to strong arm, intimidate or stagnate claims. We will not hesitate to take them to court to fight for you when needed.
✓ No shortcuts - we go the extra mile to make sure that you get the highest compensation possible rather than settling right away as many injury firms do.
✓ We focus on you, not on getting the most cases in town like the guys on the billboards.
✓ Proprietary methods of case management for your very best client experience and ensure greater odds of success compared to high volume, low-touch firms.
✓ Talk directly to your attorney instead of getting passed off on case managers (if you've ever been through a car accident case, you'll know how valuable this is).
✓ We're consistently rated 5 stars by clients and have over 450 5-star reviews for a reason.
✓ No cost consultations we'll help you find out if you have a case. If you don't, we'll help point you in the right direction. Win-win.
✓ We get results without compromising service - It's not easy to find a firm that provides our brand of one-on-one service but which has the resources to get results that smaller practices may not be able to.
Common Causes of Commercial Truck and Big Rig Accident Cases
There is a seemingly endless number of factors that can contribute to big rig accidents, but in our years of experience, the most common causes are as follows.
One of the most common causes of commercial truck and big rig accidents is driver negligence. Negligent driving behavior can include speeding, driver fatigue, and distracted driving. Drivers of commercial trucks are required to follow strict regulations to ensure that they are not fatigued, distracted, or otherwise impaired while driving.
In Pennsylvania, there have been several notable cases where driver negligence resulted in a commercial truck or big rig accident. For example, in the case of Troxell v. Fischer, a commercial truck driver was found to be negligent when he caused a multi-vehicle accident by failing to stop at a red light. The driver was ultimately held liable for the plaintiff's injuries and damages.
Vehicle maintenance issues
Another common cause of commercial truck and big rig accidents is vehicle maintenance issues. Poorly maintained vehicles can experience problems with brakes, tires, and other critical components, which can lead to accidents. Trucking companies have a legal duty to ensure that their vehicles are properly maintained and inspected.
In Pennsylvania, there have been several cases where vehicle maintenance issues contributed to commercial truck accidents. For example, in the case of the Estate of Monaghan v. Rayco, a trucking company was found liable for a fatal accident when it failed to properly maintain the brakes on its vehicle. The court held that the company's failure to maintain the brakes was a direct cause of the accident and the resulting injuries.
Improper loading of cargo
Improper loading of cargo can also cause commercial truck and big rig accidents. When cargo is loaded improperly, it can shift during transport, causing the vehicle to become unstable and difficult to control. Trucking companies are responsible for ensuring that their cargo is loaded properly and secured safely.
In Pennsylvania, there have been several cases where improper loading of cargo led to commercial truck accidents. For example, in the case of Leary v. United Parcel Service, a truck driver was injured when he was hit by a load of improperly secured cargo that fell from a truck. The court held that the trucking company was liable for the driver's injuries because it failed to properly secure the cargo.
Road and weather conditions
Finally, road and weather conditions can also play a significant role in commercial truck and big rig accidents. In Pennsylvania, drivers of commercial trucks must be prepared for adverse weather and road conditions and must adjust their driving accordingly. Failure to do so can result in incidents that can cause serious injury and damage.
In Pennsylvania, there have been several cases where road and weather conditions were found to have contributed to commercial truck and big rig accidents. For example, in the case of Pfeiffer v. Lehigh Valley Railroad, a truck driver was injured when his vehicle slid on an icy road and collided with a train. The court held that the railroad company was also liable for the accident because it failed to provide adequate warning of the dangerous conditions on the road.
Liability in Commercial Truck and Big Rig Accidents
One of the key legal issues in commercial truck and big rig accident cases is determining who is liable for the accident. In many cases, the employer of the truck driver can be held liable for the driver's negligence under a legal doctrine called "respondeat superior." This doctrine holds that employers are responsible for the actions of their employees while they are working in the course of their employment.
In Pennsylvania, there have been several cases where employers of truck drivers have been found liable for accidents caused by their employees. For example, in the case of Blasi v. Allied Aviation, a truck driver caused an accident while making a delivery to an airport. The court held that the driver's employer was liable for the accident because the driver was acting within the scope of his employment when the accident occurred.
In some cases, the manufacturer of a commercial truck or big rig can be held liable for an accident if a defect in the vehicle or its parts caused or contributed to the accident. This type of liability is known as "product liability" and can result in significant damages for the injured parties.
In Pennsylvania, there have been several cases where manufacturers of commercial trucks and big rigs have been held liable for accidents caused by defects in their vehicles or parts. For example, in the case of Speicher v. Maxon, a truck driver was injured when a liftgate on his vehicle malfunctioned. The court held that the manufacturer of the liftgate was liable for the driver's injuries because the gate was defectively designed and manufactured.
In some cases, a third party can also be held liable for a commercial truck or big rig accident. For example, a maintenance or repair company that worked on the vehicle could be liable if it failed to properly maintain or repair the vehicle. Similarly, a company that loaded or secured the cargo could be liable if it failed to do so properly.
In Pennsylvania, there have been several cases where third parties were found liable for commercial truck and big rig accidents. For example, in the case of Friske v. Ira G. Steffy & Son, a truck driver was injured when his vehicle's tire exploded. The court held that the company that repaired the tire was liable for the accident because it failed to properly repair the tire.
Damages in Commercial Truck and Big Rig Accidents
If you are injured in a commercial truck or big rig accident, you may be entitled to recover damages for your injuries, medical expenses, lost wages, and other damages resulting from the accident. In Pennsylvania, there are two main types of damages that can be recovered in a personal injury case: economic damages and non-economic damages.
Economic damages are damages that can be calculated with reasonable certainty, such as medical expenses and lost wages. In Pennsylvania, there is no cap on economic damages in personal injury cases.
Non-economic damages are damages that are more subjective, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Pennsylvania, there is a cap on non-economic damages in personal injury cases. As of 2021, the cap on non-economic damages in Pennsylvania is $500,000, but this cap does not apply in cases involving catastrophic injuries or death.
Statute of Limitations in Commercial Truck and Big Rig Accidents
If you are involved in a commercial truck or big rig accident in Pennsylvania, you have a limited amount of time to file a personal injury lawsuit. The statute of limitations for personal injury lawsuits in Pennsylvania is two years from the date of the accident. If you fail to file a lawsuit within this time frame, you may lose your right to recover damages for your injuries.
There are some exceptions to the two-year statute of limitations. For example, if the injured party is a minor or is incapacitated, the statute of limitations may be extended. Additionally, in cases where the defendant has fraudulently concealed the cause of the accident, the statute of limitations may be extended.
Role of Experts in Commercial Truck and Big Rig Accident Cases
Expert witnesses can play an important role in commercial truck and big rig accident cases. These experts can provide valuable testimony regarding the cause of the accident, the severity of the injuries, and the economic damages resulting from the accident.
Accident reconstruction experts
Accident reconstruction experts are often called upon to provide testimony in commercial truck and big rig accident cases. These experts can use their knowledge of physics and engineering to reconstruct the accident and determine the cause of the accident.
Medical experts can provide testimony regarding the severity of the injuries sustained in the accident, the prognosis for recovery, and the future medical expenses that the injured party is likely to incur.
Economic experts can provide testimony regarding the economic damages resulting from the accident, including lost wages, future lost earnings, and future medical expenses.
Call Us Today
If you were involved in a commercial truck or big rig accident in Pennsylvania, it is important to seek the advice of an experienced personal injury attorney. These cases can be complex and challenging, and our legal experts have the knowledge and experience to support you through this process and ensure that you recover the compensation that you deserve.
Case Types We Work on in Allentown
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Personal Injury Lawyers
in Pennsylvania and New Jersey
Our Lawyers Fight for Maximum Compensation
Our duty is to hold the insurance company responsible for the maximum amount of compensation owed to you. Studies have shown that hiring an experienced attorney can lead to more than 3.5x the amount of compensation! Our legal team is aggressive in court and compassionate with our clients. It's not your fault you are injured, and we want to make sure those at fault are held responsible.
We Work With Doctors to Lower Your Medical Bills
The local medical community has a good working relationship with us. The doctors we recommend are not only experienced in treating serious injuries, but many are willing to work with us to negotiate your medical bills down to put more money into your pocket.
We Make it Easier to Find Medical Treatment
Whether you have health insurance or not, our goal is to help you get in quickly with medical care professionals and specialists.
We Protect Our Clients' Rights
Insurance companies are notorious for using underhanded practices that lower your case's value or deny your claim altogether. So, when you hire us, we will act as a barrier between you and the insurance company, ensuring they can't contact you regarding your injuries without going through us first.
You Will Not Be Alone During This Process
We know the personal injury claims process is complicated. Our team is here to guide you every step of the way and answer your questions anytime.
Our Law Firm Has Stellar Reviews
What People Say
Providing clients with exceptional service is a core value at KaplunMarx personal injury law firm in Pennsylvania and New Jersey. Take it from our satisfied client testimonials.
"I went through a lot when I was in my accident. Ted was professional and concerned about how I was doing...
...The office staff is extremely friendly and quick to assist your needs. They not only contacted me for updates, they checked in on my wellbeing. I can't express how grateful I am for their kindness and professionalism. I've never seen an attorney's office that cares as much as they do for their clients. I highly recommend their office and personally vouch that Ted Kaplun is a great attorney to have."