The majority of Pennsylvania communities are dependent on the trucking industry for their food, medicine, raw materials, and other essentials. When accidents in Philadelphia involve a truck, then the risk of severe injuries and even death increases considerably.
Truck accident cases involve complex and intricate legal concepts.
Thorough Understanding Of State And Federal Trucking Laws
Trucking accident attorneys have a comprehensive understanding of the rules of The Federal Motor Carrier Safety Act that governs the trucking industry.
The FMCSA rules include but are not limited to:
- Insurance requirements
- Handling of hazardous material
- Vehicle size and weight limits
- Vehicle inspection and maintenance requirements
- Licensing requirements
- Service hours limits
- Drug testing and blood alcohol concentration limits
Certain oversized trucks must obtain a Pennsylvania Department of Transportation (PennDOT) permit to operate in the state. Commercial driver’s licence (CDL) holders in the state are subject to random alcohol and drug testing as part of the safety compliance and enforcement program. Alcohol tests are mandatory following a truck accident.
Compiling And Preserving Key Evidence
An injured truck accident victim who is dealing with injuries and trying to recover cannot gather and preserve evidence. In most cases, victims don’t know what to look for.
An experienced truck accident lawyer at The Law Offices of Greg Prosmushkin, P.C. will collect, review, and document compelling evidence essential in determining adequate compensation.
Such evidence may include:
- Accident scene evidence
- Eyewitness statements
- Damage to vehicles involved in the accident
- Cell phone records of the truck driver
- The truck driver’s toxicology test results,
- Police reports
- The truck driver’s criminal and traffic background
- The trucking company’s history of violating safety rules
- Logbook and other company records
- Electronic data recorder “Black Box” data
- Satellite tracking data
- Vehicle inspection reports
The knowledgeable lawyers at our Philadelphia personal injury law firm seek court orders to force trucking companies to provide and preserve any evidence that is of paramount importance in the case.
Access To Experts From Various Fields
Complex truck accident cases may require the testimony of experts to prove liability and damages. These experts provide specialized knowledge and insight into various aspects of the case to help the jury, judge, or even insurance companies make informed decisions.
At The Law Offices of Greg Prosmushkin, our lawyers have access to a network of experts which includes:
- Accident reconstruction experts
- Trucking rules compliance/ safety experts
- Truck driver training (trucking school) experts
- Trucking industry mechanics and engineers
- Experts from various areas of medicine
- Life care planners
- Toxicology experts
Filing Your Lawsuit On Time
There are specific time limits, procedures, and rules for filing a truck accident claim in Philadelphia. The Statute of limitations sets the maximum time after an accident within which you can initiate a legal proceeding. These statutes ensure that a plaintiff with a valid cause of action pursues it with reasonable diligence.
Pennsylvania statute of limitations for filing a personal injury lawsuit is two years after the accident’s occurrence. A Philadelphia truck accident victim has two years from the date of their accident to initiate a civil lawsuit.
Negotiating A Favourable Settlement
An experienced truck accident attorney can speed up the claims process by countering the delaying tactics of insurance companies. If your attorney has a reputation for trying cases in court, the insurance company may offer additional money to avoid a potential trial. At The Law Offices of Greg Prosmushkin, our attorneys with trial experience have the most leverage when negotiating with insurance companies.
The attorneys at our personal injury law firm in Philadelphia don’t just accept the first offer that is made. They negotiate for maximum compensation. By settling, a plaintiff can take guaranteed money or go to trial and risk the possibility of getting less money or even no money.
Recovering Fair And Just Compensation
Experienced truck accident lawyers will assess your unique situation to decide which damages are available to you. Experienced truck accident lawyers consider the severity of your injuries, lost wages, medical treatment and ongoing care costs, and other damages when determining the value of truck accident claims.
A Compassionate attorney will pursue compensation on your behalf and let you focus on healing. In general, a truck accident victim may be entitled to recover compensation for:
Economic Damages
- Past, current, and future medical costs
- Lost wages and business income
- Loss of future earning capacity
- Permanent injury and disability
- Legal fees
Non-economic Damages
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Taking Your Case To Court For Trial
Experienced truck accident attorneys are well-equipped to flawlessly present cases in courts. But trials can be an expensive and risky proposition. An experienced truck accident lawyer will assess your case and let you know your chances of being more successful in going to trial or achieving a quick settlement.
You Do Not Have To Pay Legal Fees Upfront
Legal representation should be available for all regardless of one’s financial or social standing. Most accident lawyers work on a contingency fee basis. Your lawyer will receive fees only after securing a favorable outcome in the case on your behalf. You do not have to pay any legal fees until you receive compensation.
Contact A Philadelphia Truck Accident Lawyer
Working with an experienced truck accident lawyer will send a strong message to insurance companies and others that you are taking your rights seriously. From the initial consultation to the final settlement, our Philadelphia personal injury law firm helps truck accident victims navigate the traumatic aftermath of trucking accidents.
At The Law Offices of Greg Prosmushkin, our lawyers have the experience and access to extensive resources to ensure you recover fair and just compensation. If you or a loved one have suffered injuries in a truck accident anywhere in Philadelphia, don’t assume you’re out of options. Depending on the facts and circumstances of your case, you could receive maximum compensation that can help you pay your medical bills, lost income, and more.
Contact us today to schedule a free consultation to understand your legal options.