Philadelphia Truck Accident Lawyer | Laffey Bucci D’Andrea Reich & Ryan
Upper Darby Truck Accident Lawyer

At any given moment, there are hundreds of trucks making their way around Philadelphia. They are delivering goods, picking up products from warehouses, and making sure whatever you ordered is dropped off at your doorstep.

The average trucker drives around 125,000 miles per year, and all trucks move $720 billion worth of goods between the U.S., Canada, and Mexico.

Thankfully, the majority of those trucks complete their routes without incident. An accident can have devastating consequences. If that accident is the truck driver’s fault, filing an insurance claim can be complicated. That is because multiple drivers and liable parties may be involved.

That is why you need to seek counsel from Laffey Bucci D’Andrea Reich & Ryan.

We are a team of Philadelphia truck accident lawyers who have helped many Philly residents who have been unfortunate victims of catastrophic truck accidents. Whether someone has suffered a minor fracture or a traumatic brain injury, they are entitled to seek compensation from the at-fault truck driver.

Before moving forward with your claim, you’ll need to understand the full scope of what is involved in a truck accident and the challenges you might face in pursuit of your claim.

Common Causes of Trucking Accidents

After you get into an accident with a truck, you’re more focused on taking care of injuries and dealing with your car issues than on how the accident happened. However, it will be vital to understand the cause of the accident to determine who is liable.

Which of these common causes of truck accidents are you dealing with?

  • Driver fatigue
  • Speeding over posted limits
  • Driver distraction
  • Severe weather conditions
  • Failure to yield the right-of-way
  • Shifting cargo
  • Weaving in and out of lanes
  • Obstructed views
  • Driving under the influence
  • Faulty brakes or other mechanical issues

Meet Our Truck Attorneys

Philadelphia's Congested Roads and High Truck Traffic

The city’s heavy traffic, narrow streets, and aging infrastructure add to the risks that big rigs bring.

Interstate 76, I-95, and the Pennsylvania Turnpike all see significant truck traffic, and these roads are known for congestion and accidents. Truck drivers often feel pressure to meet tight delivery deadlines, and that sense of urgency can lead to risky behavior.

Fatigue, distracted driving, improper lane changes, and speeding are all too common. Add in poor weather or unfamiliar road conditions, and the odds of a serious accident rise quickly.

 

Who Is Potentially Responsible for a Truck Accident?

Establishing liability for a commercial vehicle accident can become complex. That is because it often involves investigating multiple parties beyond just the actual truck driver who caused the accident. With so much at stake for your settlement, it is crucial to explore all the possibilities.

Because of our experience, the attorneys at Laffey Bucci D’Andrea Reich & Ryan understand who to look at, including the following:

The Truck Driver

The most obvious party to hold accountable is the commercial truck driver.

In the immediate aftermath of a truck accident, the responding police officer will write a crash report that can note obvious liability issues, such as reckless driving, speeding, distracted driving, or driving under the influence of drugs or alcohol. That officer can issue a citation on the spot, which can serve as proof of neglect.

A deeper investigation by a knowledgeable Philly truck accident lawyer will involve reviewing the truck driver’s Hours of Service (HOS) logs to determine whether they violated federal laws. That could be a contributing factor to the accident.

The question then becomes: why did they break those rules?

The Trucking Company

The trucking company that employs the driver can be liable for the driver’s actions through the legal doctrine of vicarious liability. There are several categories of potential negligence that we will look into, such as the following:

  • Did the truck company employ an unqualified, uncertified, or inexperienced driver?
  • Did the truck company fail to provide adequate training or ongoing safety education for the driver?
  • Did the truck company fail to properly oversee its drivers’ adherence to safety protocols and HOS regulations?
  • Did the truck company fail to ensure its fleet was properly maintained and regularly inspected?
  • Did the truck company encourage or coerce drivers to exceed legal driving hours or operate unsafe vehicles to meet tight delivery schedules?

To answer those questions, our team investigates company policies, communication records, safety audits, and driver qualification files.

Cargo Loading Companies

The Federal Motor Carrier Safety Administration (FMCSA) sets rules that cover all aspects of the trucking industry. That includes the requirements for securing cargo.

Often, independent cargo-loading companies handle cargo securement. If cargo shifting caused the truck to roll over or jackknife, the cargo loaders could be held liable.

Truck Manufacturers and Parts Suppliers

In some truck accidents, the cause can be attributed to a defective part like a brake, tire, or steering system. Typically, these incidents are rarely a one-off. Defective parts might have been the cause of several other accidents.

Maintenance Providers or Third-Party Mechanics

A truck company has to maintain its fleet. That involves in-house mechanics or independent contractors who are responsible for truck inspections, maintenance, and repairs.

When they fail to perform these duties, leading to mechanical failure that causes the crash, those mechanics can also be held liable.

Critical Evidence We Secure in Commercial Vehicle Cases

In the early stages of a truck accident investigation, a theory is developed that explains how the accident occurred. That theory needs to be backed up by strong evidence. We deploy a team of investigators to obtain the following types of evidence:

  • Electronic logging device (ELD) data
  • Paper logbooks
  • Dispatch records.
  • Trucking company records regarding hiring practices, driver training programs, and drug and alcohol testing policies.
  • Vehicle inspection reports
  • Truck maintenance history
  • Cargo manifest
  • Driver history, including any past violations
  • Weather and road conditions at the time of the accident
  • Safety violation citations
  • Past accident history
  • Billing Invoices
  • Police crash reports

That might seem like a lot of evidence to gather, and it is. When we build a case, we don’t want to leave anything to doubt.

Types of Compensation Available for Trucking Injury Victims

After determining the cause of the accident, we help our clients calculate the full scope of damages. It is important to get that number right because once you accept a settlement, you won’t be able to refile for additional funds. You also have to factor in negotiations.

What you might consider your “ideal” number might not always be achievable.

On the other hand, you should not have to settle for a low offer that won’t come close to covering your losses.

Economic Damages

These are quantifiable, out-of-pocket expenses directly resulting from the truck accident. They should be supported by invoices, bills, and receipts.

These expenses include the following:

  • Ambulance rides
  • Emergency room visits
  • Surgeries
  • Prescription medications
  • Physical therapy
  • Long-term care or future medical treatments
  • Lost wages
  • Loss of earning capacity
  • Car repair or replacement
  • Miscellaneous expenses such as childcare during recovery and travel costs for medical appointments.

Non-Economic Damages

These are the intangible damages. They relate to the personal toll the accident has taken on your life and include the following:

  • Pain and suffering
  • Emotional distress
  • Anxiety
  • Depression
  • Post-Traumatic Stress Disorder (PTSD)
  • Fear of driving
  • Loss of enjoyment of life
  • Loss of consortium
  • Punitive damages

These are damages awarded by juries and intended to punish the at-fault party for exceptionally egregious conduct, such as drunk driving.

All of these damages may also apply if the truck accident resulted in a fatality. The surviving family members can pursue a wrongful death claim to compensate for their loss.

We work closely with our clients to develop those calculations. We also keep our clients informed about all the turns in the negotiations. We will never accept an offer unless our client is in total agreement.

Navigating Complex Insurance Limits and Multiple Defendants

Truck accident claims are often far more complicated than standard car collisions.

The reason is that multiple parties may share responsibility for the crash. Depending on the circumstances, liability may extend beyond the truck driver to the trucking company, cargo loaders, maintenance contractors, vehicle manufacturers, or other third parties.

Pennsylvania’s Fair Share Act governs how fault is allocated among multiple defendants. That is why it is critical to identify every potentially liable party and gather evidence supporting their liability. Our goal remains to maximize the compensation available to our clients by ensuring that all responsible entities are held accountable.

Insurance issues can add another layer of complexity. Commercial trucking companies often carry multiple insurance policies. Those policies include primary liability coverage, excess policies, and umbrella coverage. In catastrophic injury cases, your damages can quickly exceed the limits of a single policy.

We’ll conduct a thorough review to determine the limitations and which policies apply.

  • $1 million

    A car accident resulting in serious personal injuries to the plaintiff

  • $2 million

    A tragic case where a man suffered serious permanent injuries when a tree fell onto his car while he was driving along a public road in Bucks County, Pennsylvania

  • $4.4 million

    A car crash where the motor vehicle accident resulted in two passengers being killed and another injured, after a restaurant served too much alcohol to the driver of their vehicle

  • $478,650 settlement

    For a 67-year-old New Jersey man who suffered serious injury in a motor vehicle accident on the Atlantic City Expressway

  • $9 million

    A car crash resulting in a passenger suffering permanent quadriplegic injuries

Truck Crash FAQs

What should I do immediately after a truck accident?

Call 911, seek medical attention, and try to document the scene if it’s safe to do so. Take photos, gather witness contact information, and avoid discussing the accident with insurance adjusters until you speak with a lawyer.

How long does a truck accident case usually take?

It depends on the complexity of the case. Some claims settle in a few months, while others take a year or more if they go to trial. Your lawyer can give you a more specific timeline after evaluating the facts.

Can I still recover damages if I was partially at fault?

Yes. Pennsylvania follows a modified comparative negligence rule. As long as you were less than 51% at fault, you can recover damages, but your compensation may be reduced based on your percentage of fault.

How much compensation can I expect?

Compensation varies depending on your injuries, the strength of the evidence, and other factors. A truck accident lawyer can help estimate your potential recovery based on your case specifics.

What if a loved one died in a truck accident?

You may have grounds for a wrongful death claim. Compensation can help with funeral expenses, lost income, and loss of companionship. A lawyer can guide your family through this process.

Do I have to go to court?

Not necessarily. Many cases are resolved through settlement. However, if the insurance company won’t offer a fair amount, your lawyer may recommend going to court to fight for what you deserve.

Laffey Bucci D'Andrea Reich & Ryan

Why Trucking Litigation Requires a Skilled Philadelphia Truck Accident Lawyer

There might come a time in your truck accident claim process when the insurance company is not meeting its obligations. They might deny the trucker’s liability, attempt to shift blame onto you, or stand firm on an unreasonable offer. In those situations, we might recommend filing a civil complaint.

That will move the claim to a courtroom where we can apply our litigating skills to support your case.

We will present the same evidence to a jury that we presented to the insurance company. The difference is that a jury has nothing at stake. They are just there to determine, by a preponderance of evidence, what happened. It is important to remember that if we agree to move forward with a civil complaint, it is because we are confident in the outcome.

At Laffey Bucci D’Andrea Reich & Ryan, our attorneys understand the unique challenges involved in commercial vehicle litigation. If you or a loved one has been injured in a truck accident, contact Laffey Bucci D’Andrea Reich & Ryan for a free consultation.

We can answer your questions, review your claim, and decide together on the best course of action to pursue your remedy.

By knowing that your case is in skilled hands, you can have some peace of mind.

Primary Office

Philadelphia, Pennsylvania

1100 Ludlow Street, Suite 300
Philadelphia, Pennsylvania 19107
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