A truck accident can be extremely terrifying. Because of the size and weight of heavy trucks, the accidents that result when these vehicles collide with smaller passenger cars are often devastating. Permanent injuries, fatalities and even environmental damage are common with commercial truck accidents.
If you have suffered an injury in a collision with a commercial truck, contact a truck accident attorney at McCarthy Weisberg Cummings, P.C. Our team understands what it takes to pursue justice in a commercial trucking collision. In fact, Larry A. Weisberg, a partner at our law firm, worked in the insurance industry on behalf of trucking companies for 15 years. He understands exactly what tactics trucking companies use when trying to avoid liability, and he can use this information when pursuing your case.
Who Is Responsible for Your Trucking Accident?
When you work with a semi truck accident lawyer, your attorney will gather evidence and will try to determine who caused the accident. In Pennsylvania, comparative negligence is used when deciding whether you can sue the truck driver. If the truck driver is more than half at fault, you can seek compensation. If you are found partly to blame for the accident, your damages will be reduced by the percentage you are at fault.
As a result of the comparative negligence concept, trucking accidents often turn into finger-pointing. The trucking company and truck driver involved may try to blame you for the collision, and the truck manufacturer may blame the truck driver. In general, there may be multiple liable parties in your trucking accident, and they can include:
- The truck driver. Human error is a contributor to many accidents, and if the truck driver was driving fatigued, under the influence of a controlled substance or made mistakes that led to violations of driving rules, they can be held partly liable for the accident.
- The trucking company. Trucking companies may have policies that encourage overloading of their trucks, unreasonable deadlines or other poor policies that lead to accidents. In addition, trucking companies may be held liable if their fleets are incorrectly maintained or if they hire unqualified drivers for their trucks.
- Truck manufacturers. If brake failure, tire failure or other system malfunction caused your trucking accident, the companies that manufactured the truck or the defective truck parts may be held partly liable.
- Other drivers on the road. In some instances, other drivers are at fault. For example, a driver in front of the truck may have swerved suddenly or braked suddenly, causing the truck to swerve and strike your vehicle. In cases where a third driver caused the accident, that driver may be held liable.
- Other liable parties. In some cases, third parties are responsible. For example, a municipality may be responsible if poor road conditions or incomplete road signs led to your traffic collision. Roadwork crews may be held partly liable if they created an unsafe area for drivers.
Determining fault in a trucking accident often means extensive investigation, interviews and expertise. If you’d like to speak to a tractor trailer accident attorney who’s willing to work until they find all the possible evidence to support your case, contact the Harrisburg law offices of McCarthy Weisberg Cummings, P.C.
Our law firm serves the entire Pennsylvania community out of our offices. We can offer you a free consultation to discuss your accident, injuries and the steps you can take to recover compensation.