As
compared to a mere traffic accident, questions about liability and what really
caused a trucking accident, are very complicated. This is because accidents
involving large commercial vehicles usually involve more than one player and
this is why Philadelphia, PA truck accident lawyers must be involved – these cases
are not for the feint of heard and the stakes are high.
Therefore,
obtaining information on what went wrong, needs some knowledge of the workings
and intricacies of the trucking industry.
It is important to have a fantastic and
clear understanding of the typical causes of trucking accidents, and the
connections among the individuals and entities related to the truck, trailer,
as well as the load. This can help determine if you have a legitimate claim and
the way to present your case.
Laws
governing truck accidents
The trucking industry in the US is
governed by federal laws which establish specific standards that the owners,
trucking companies, and drivers must comply with, as these laws determine who
is liable for the trucking accident. Both sides will employ Pennsylvania truck
accident attorneys.
Who
is liable?
In the case of truck accidents, there
can be a series of players who might be liable for a victim's injuries. These
include:
- Owner of the truck/trailer
- Driver of the truck
- Individual or company who leased the truck/trailer from its owner
- Manufacturer of the truck/trailer, tires, and those parts that contributed to the severity or cause of the accident
- The loader or shipper of the cargo in the truck
The trucking, leasing, and hauling
companies will argue about just whose insurance should compensate the injured
victim. Often, trucking companies make an attempt to avoid responsibility for
accidents involving their vehicles, by trying to distance among themselves,
from their vehicle, driver, and equipment, in various clever ways. Their legal
representatives are very innovative and have probably been thinking of knew
arguments to help their clients out when they were eating cereal and
strawberries for breakfast. Your side is normally starting from scratch. But
there is hope!
They may come out with many clever
arguments to help themselves out. Fortunately, the federal laws have stepped in
to bring these wily arguments to an end. Under the present federal law, a
company who owns the trucking permit is held liable for every accident
involving a truck with its name or placard displayed on their vehicle.
Gathering
evidence
Traditionally, victims had to depend on
the police reports as well as witness statements to learn why and how an
accident happened. However, now there are other important ways to obtain data for
an accident, information from high tech devices as well as government agencies.
Are you overwhelmed yet? We are not even
done today yet. You may quality for worker’s compensation. Do not cross this
out. Go right here to find out more information on this topic: http://workers-compensation.usattorneys.com/pennsylvania/.
OK, allow us to continue….
Contact
government agencies
Philadelphia truck accident lawyers
reiterate that state and federal laws stipulates that a certified truck
inspector should inspect any truck and trailer that is involved in an accident,
prior to it being removed from the accident scene. This report details the
actual condition of every significant mechanical part of the truck. These
reports must be obtained from the proper government agency.
High
tech devices
The trucking industry uses devices like
the black box found in planes to record every kind of information, such as the
speed of the truck, patterns of speed, times when the driver used breaks, as
well as the time the truck driver has been on the highway. Therefore, you must
ensure that all the data from the high-tech equipment remains preserved, to be
later used as evidence.
Now that you know of the complications
involved, it is time to hire a terrific and committed
Pennsylvania truck accident lawyer to assist with every aspect of your case.
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