3 reasons why you can sue a trucking company in Philly
Philadelphia, PA - Truck accidents are on the rise in Pennsylvania and so are the numbers of those killed or injured. According to the Pennsylvania Department of Transportation, in 2021, there were 156 truck accident fatalities, up from 122 in 2020. Those lucky enough to make it out alive often sustain catastrophic injuries. The financial losses will deal a devastating blow to their finances.
When you have considerable damages to recover, you must talk to an experienced Philadelphia truck accident lawyer as soon as possible. Time is of the essence in such a case. The trucking company will dispatch its lawyers to the crash scene as soon as the trucker calls them to inform them there’s been an accident. Their lawyers will already be in damage control mode while you’re still in the ambulance taking you to the hospital. They know a lot of money may be at stake and they don’t want to have to pay.
What distinguishes truck accidents from regular car crashes is that, in the former, you may have more than one party liable for damages. The trucker may be at fault, but seasoned Pennsylvania truck accident lawyers will investigate the case thoroughly to see if the trucking company can be held accountable as well.
Here are a few situations where you can sue the trucking company in Philadelphia.
Driver fatigue
Driver fatigue is one of the most common causes of truck accidents. Why would you sue the employer in a case of driver fatigue if it was the trucker who fell asleep at the wheel? Commercial drivers must abide by the federal Hours of Service regulations, which say a trucker cannot drive for more than 11 hours in a row. In many cases, it’s the truckers who push themselves to the limit to make more money. However, their employers often urge them to ignore safety regulations to deliver the cargo faster. Because they, too, want to make more money. If the employer knew or should have known the trucker ignored HoS regulations, your lawyers will advise you to sue the trucking company, as well as the driver.
Mechanical failure
Under FMCSA regulations, trucking companies are responsible for the state of their vehicles. The company must perform regular maintenance on the vehicles, replace worn-out parts, fix what needs to be fixed to make their trucks roadworthy. All this takes time and money and trucking companies are known for skimping on maintenance. Your lawyers will request maintenance records to see when the truck was last in the shop and what repairs were carried out. They’ll also check if the truck was inspected in accordance with FMCSA regulations.
If the accident was caused by a blown tire or a faulty brake system, your truck accident lawyers may be able to build a case against the trucking company.
Intoxicated/Inexperienced driver
In addition to making sure their vehicles are roadworthy, the trucking company must also see to it that their drivers can be trusted with an 18-wheeler or a big rig.
The company must check the trucker’s record before hiring them and they must also provide adequate training. Any failure to do so constitutes negligence and the employer can be held accountable for your damages.
The trucking company must also submit its employees to random drug and alcohol tests. If a driver tests positive, he must be suspended and referred to counseling. If the employer knew or should have known the trucker had a substance abuse problem, they will have to pay for what the intoxicated driver did to you.
