Truck driving on highway

Determining Fault in a Truck Accident

In truck accident as with any other type of motor vehicle accident, the determination of fault is foundational to who may bring a claim against another party seeking compensation for damages sustained as a result of the accident. There may be even more at stake in a truck accident, however, because the fallout of such are often devastating. The sheer size of these vehicles makes it all the more likely that any accident may involve serious injury or even death. In order for an injured party to make a claim against the truck driver or even the trucking company, it must first be determined whether or not the truck or trucking company was responsible for causing the accident. Here, we will take a look at some of the key pieces of evidence that may be critical in successfully determining a truck to be at fault in causing an accident.

Determining Fault in a Truck Accident

After a motor vehicle accident, time is of the essence when it comes to collecting evidence. Evidence, when left unacknowledged, can disappear, or be mishandled. That is why it is so important to being collecting evidence as soon as possible. Knowing where to look for evidence to use in determining fault in the truck accident is important to gathering such evidence quickly and efficiently.

One type of evidence that can be compelling in determining fault in a truck accident that would not necessarily in another type of motor vehicle accident is black box data. While most often associated with airplanes, most newer commercial trucks also carry these recording devices which are used to both monitor and track the truck’s metrics. The black box data can reveal such things as whether the truck was speeding up or braking in the moments right before a crash. The data can also reveal the driver making erratic maneuvers prior to the crash. Additionally, the black box data log can reveal how many hours and miles the driver has driven. This can be demonstrative of whether the driver was driving while drowsy or fatigued or even in violation of any operating restrictions which look to limit the amount of time drivers spend on the road.

Eyewitness testimony can also be critical in determining fault in a truck accident. Witnesses, however, can be difficult to locate and next to impossible to find as time progresses after an accident. This is why it is so important to get the names and contact information for any witnesses you may encounter after an accident. Be sure to reach out to them not long after the accident to verify their account as to what they saw before and at the time of the accident.

In addition to gathering eyewitness information after a truck accident, taking pictures, accessing other pictures another person might have taken, and getting access to any video footage of the accident can also be critical in determining what happened and who was at fault in causing a truck accident. Pictures taken at the accident scene can also help accident reconstruction experts determine how the events leading up to the accident unfolded.

Philadelphia Personal Injury Attorneys

The experienced personal injury team at Cooper, Schall & Levy knows what needs to be accomplished in order to put forth the strongest possible personal injury claim. We will work tirelessly to gather the evidence necessary to support your claim for full and fair compensation.  Contact us today.

Cooper Schall & Levy discusses the legal action you can take with truck accidents.

Truck Accidents

According to the Federal Motor Carrier Safety Administration, there were 450,000 police-reported crashes involving large trucks in 2017 alone. Of those 450,000 crashes, 4,237 were fatal and 344,000 involved injuries. Sharing the road with large trucks is a part of the life of a motor vehicle driver. Unfortunately, the size of these trucks means they are more dangerous than other vehicles and cause some of the worst accidents on U.S. roads and highways. Take care when you are around these vehicles.

Pennsylvania Turnpike Closed Almost Nine Hours After Truck Accident Occurs

During the early hours of Friday, July 12th, a tractor-trailer overturned, shutting down a significant portion of the eastbound Pennsylvania Turnpike for hours. While the accident occurred around 4 a.m., the roadway did not reopen until just before 1 p.m. The overturned truck blocked all lanes past Exit 312, Downington. The big rig was hauling glass that broke all over the highway. It took crews several hours to remove all of it. Drivers were detoured between Exit 312, Downington, and Exit 326, Valley Forge. While this was a major inconvenience to many people on their morning commute, it is fortunate that there were no reported injuries as a result of the crash.

Crashes involving semi-trucks, tractor-trailers, and other large trucks used for hauling heavy loads often come with a significant amount of destruction. Fortunately, the accident involved here did not result in any injuries, but it is all too often that the most severe and fatal injuries occur as a result of a truck accident. The cause of the tractor-trailer overturning remains under investigation. Some of the most common causes of truck crashes are:

  • Driver fatigue
  • Improper driver training
  • Failure to comply with truck maintenance safety standards
  • Driving Under the Influence

Because of the sheer size and weight of a tractor-trailer, drivers must undergo extensive training to be prepared for the unique hazards that come with operating such a vehicle. It takes trucks longer to stop because they are so heavy. Turning in a tractor-trailer is completely different than in other vehicles. Blind spots are much more extensive and the fact that the driver sits up so much higher than other vehicles can also make it more difficult to see other smaller vehicles on the road. These are all things that a truck driver should be aware of and in command of before heading out on long hauls. Additionally, the truck should always comply with the required safety checks to make sure it is fully operational and carrying properly loaded cargo.

If you are in a car or other motor vehicle sharing the road with a semi-truck or tractor-trailer, be aware of the unique dangers of such a situation. Remember that the truck has large blind spots. Avoid entering these blind spots and remain as visible to the driver as possible. Remember that it takes these trucks more time to brake. This means keeping a safe distance between your vehicle and the truck. If you need to pass the truck, do so quickly. Remain vigilant to help keep everyone on the road safer.

Truck Accident Attorneys

If you have been involved in a truck accident, you may have sustained severe injuries that will require extensive and continuing treatment. With mounting medical bills and the possibility that you will be unable to return to work as soon as you’d like, you are likely under a large amount of financial stress and pressure. Cooper Schall & Levy are here to be your advocate. We stand up for our clients and fight for their right to full and fair compensation. Contact us today.

Trucking Accidents Hit Record High

In the 24-month period prior to December 3, 2017, FedEx Express drivers were reported to have been involved in 1762 crashes, 575 involving injuries, including 41 deaths. From 2012, the number of crashes has increased by 254.5%; the number of injuries has increased by 192%, and the number of fatalities has increased by 273%.

In the 24-month period prior to December 3, 2017, DHL Express drivers were reported to have been involved in 16 crashes, involving 7 injuries and 1 fatality. From 2012, the number of crashes has increased by 100% and the number of injuries has increased by 75%.

In the 24-month period prior to December 3, 2017, UPS drivers were reported to have been involved in 2,003 crashes, 689 involving injuries, including 49 deaths. Since 2012, the number of crashes has increased by 38%; the number of injures has increased by 27%, and the number of fatalities has increased by 25.6%.

Fedex reported the highest number of employees at 99,999 drivers while UPS came in second at 47,799 drivers.

On the job deaths involving heavy-duty truck drivers or semi-truck drivers hit a record hit a record high in 2017 This ominous news is only furthered by the fact that the trucking industry has an increase of crashes by 254.5%. Read More….

The companies listed here are not necessarily the most dangerous ones on the road. The number of miles traveled and accidents logged—and the severity of those accidents—varies wildly between companies.

Truckers are not the only victims

The unfortunate reality is that while these truckers are dying, many more victims are also killed or seriously injured due to the negligence on the part of the truckers. These large vehicles often cause considerable damage to others with little more than a scratch to themselves. The families of truckers and their victims are best served by seeking out legal guidance. An experienced personal injury attorney can help secure damages for loss of income to the injured and deceased, medical expenses and even damage to property.

If you have been involved in an accident and may be seeking a lawyer who understands the complex matter of litigating a truck accident case, please feel free to call CSL for a private and free confidential consultation. We can be reached at 215.561.3313 or use the website www.cooperschalland registration form on this site.