 Truck Accident Lawsuit Frequently
Asked Questions
Author: Michael Monheit, Esquire, Monheit Law, PC
What’s the difference between truck accidents and other vehicle
accidents?
Although the same laws of negligence apply, there are special Vehicle
Code sections that apply only to commercial truck drivers and trucking
companies. Truck drivers also have special licensing and training
requirements which generally make truck accidents harder to defend
but easier for the plaintiffs to win.
How do I deal with trucking companies or their insurance carriers
after a truck accident?
The first thing you should do is consult with an expert truck accident
attorney. The last thing you want to do is your own negotiation
with a trucking company about your trucking accident. Most trucking
companies are highly skilled at truck accident investigation and
claims. Anything you say or sign may be held against you further
down the road. For a NO-OBLIGATION, free consultation with an expert
truck accident lawyer attorney, click here.
Who can sue in a truck accident injury or death case?
Anyone who is injured or has had a loved one killed in a truck
accident can sue as long as some other person or entity is at fault
for the accident. This includes adults and children (who can sue
through guardians or parents); and even truck drivers if another
person or entity was at fault for the accident.
Who can be sued in a truck accident case?
Any person or entity who was at fault for causing the truck accident
can be sued including the truck driver and the trucking company,
the owner of the trailer, the shipper, as well as any other driver,
person or entity who contributed to the accident, such as the manufacturer
of one of the vehicles involved in the accident, the manufacturer
of a tire that contributed to the accident or the owner of any public
or private property whose negligence contributed to the accident.
My accident occurred in New Jersey but I live in Pennsylvania.
Should I hire a Pennsylvania truck accident lawyer or a New Jersey
truck accident lawyer?
That’s a good question. A prominent truck accident law firm
will have co-counsel in several states. Your case can be filed where
you live or where the trucking company is incorporated; where the
trucking company does business; or where the trucking accident happened.
How soon should a truck accident injury or death case be pursued?
Each state has a different law regarding big rig accidents and/or
wrongful deaths. In some states a truck accident case must be brought
within two years of the date of the decedent's death, if death occurred
on or after January 1, 2004; and one year from the date of decedent's
death if the death occurred before January 1, 2004.
How important is an investigation in a truck accident case?
Extremely important; if the truck is commercially owned, large
trucking companies will perform their own investigation immediately
after the accident. Unfortunately, this puts you at a big disadvantage.
To counteract, retain an attorney who immediately investigates the
case to pin down liability for potential at-fault defendants.
Are expert witnesses necessary to prove fault in a truck accident
case?
Usually, unless there is no question that one party was completely
at fault, a plaintiff in any serious injury or death case involving
a truck should retain an expert with expertise in the design, manufacturing,
and operation of trucks and the rules of the trucking industry.
Can a truck driver operate his vehicle 24/7?
No. Since 1939, Federal law has placed restrictions on the hours
of service that a trucker may operate his truck. Recent changes
have been made to these rules for the first time in over 60 years.
The new rules are designed to reduce the effect of cumulative fatigue
and prevent many of the accidents and fatalities to which fatigue
is a contributing factor for big rig drivers.
I can’t afford a truck accident lawyer. What can I do?
Many truck accident law attorneys represent clients on a contingency
fee basis. Under this arrangement, there is no fee, unless and until
there is a recovery. If nothing is recovered -- than no fees are
collected.
About the Author
Michael Monheit, Esquire is the managing attorney for Monheit Law,
located in Philadelphia, Pennsylvania Monheit Law, P.C. concentrates
its practice in the field of plaintiff personal injury cases on
a contingency fee basis.
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